HB 1859

1	A bill to be entitled
2	An act relating to obsolete or outdated agency plans,
3	reports, and programs; repealing s. 16.58, F.S., relating
4	to the Florida Legal Resource Center; amending s. 20.19,
5	F.S.; revising provisions relating to plans, projections,
6	and the mission of the Department of Children and Family
7	Services; amending s. 20.315, F.S.; revising provisions
8	relating to an evaluation of the Department of Corrections
9	by the Florida Corrections Commission; amending s. 20.316,
10	F.S.; revising provisions relating to reports of the
11	Department of Juvenile Justice; amending ss. 20.43,
12	39.001, and 39.3065, F.S.; revising and deleting
13	provisions relating to specified obsolete and outdated
14	plans, reports, and programs; repealing s. 39.4086, F.S.,
15	relating to a pilot program for attorneys ad litem for
16	dependent children; amending ss. 39.523 and 98.255, F.S.;
17	revising and deleting provisions relating to specified
18	obsolete and outdated plans, reports, and programs;
19	amending s. 120.695, F.S., relating to a review of
20	administrative rules; repealing s. 153.952, F.S., relating
21	to legislative findings and intent concerning the
22	condition or operation of privately owned water or
23	wastewater utility systems and facilities; amending s.
24	161.053, F.S.; deleting obsolete provisions relating to
25	the establishment of coastal construction control lines;
26	amending s. 370.12, F.S.; conforming a cross reference;
27	amending s. 161.161, F.S.; revising provisions relating to
28	reporting requirements for beach erosion control projects;
29	repealing s. 163.2526, F.S., relating to review and
30	evaluation of specified provisions relating to urban
31	infill and redevelopment; amending ss. 163.3167, 163.3177,
32	163.3178, 163.519, 186.007, 189.4035, 189.412, 194.034,
33	206.606, 212.054, and 212.08, F.S.; revising and deleting
34	provisions relating to specified obsolete and outdated
35	plans, reports, and programs; repealing s. 213.0452, F.S.,
36	relating to certain required reporting by the Department
37	of Revenue; repealing s. 213.054, F.S., relating to an
38	annual report concerning persons claiming certain tax
39	exemptions or deductions; amending ss. 215.5601 and
40	215.70, F.S.; revising and deleting provisions relating to
41	specified obsolete and outdated plans, reports, and
42	programs; amending s. 253.7825, F.S.; deleting provisions
43	relating to a conceptual recreational plan for the Cross
44	Florida Greenways State Recreation and Conservation Area;
45	repealing s. 253.7826, F.S., relating to certain canal
46	structures; repealing s. 253.7829, F.S., relating to
47	management plan for retention or disposition of former
48	Cross Florida Barge Canal lands; repealing s. 265.56,
49	F.S., relating to an annual report by the Department of
50	State concerning certain indemnity claims; amending s.
51	267.074, F.S.; deleting requirements for a specified plan
52	relating to historical markers; amending ss. 282.102,
53	284.50, 287.045, 287.16, and 288.108, F.S.; revising and
54	deleting provisions relating to specified obsolete and
55	outdated plans, reports, and programs; amending ss.
56	288.1226, 288.1229, 288.7015, 288.853, 288.95155,
57	288.9604, 288.9610, 292.04, and 292.05, F.S.; revising and
58	deleting provisions relating to specified obsolete and
59	outdated plans, reports, and programs; repealing s.
60	296.16, F.S., relating to reports concerning the Veterans'
61	Domiciliary Home of Florida; repealing s. 296.39, F.S.,
62	relating to reports concerning veterans nursing homes;
63	amending ss. 315.03, 319.324, 322.181, 322.251, 365.171,
64	365.172, 365.173, 366.82, 369.22, 370.26, 372.5712, and
65	372.5715, F.S.; revising and deleting provisions relating
66	to specified obsolete and outdated plans, reports, and
67	programs; repealing s. 372.673, F.S., relating to the
68	Florida Panther Technical Advisory Council; repealing s.
69	372.674, F.S., relating to the Advisory Council on
70	Environmental Education; amending s. 372.672, F.S.;
71	conforming to the repeal of s. 372.674, F.S.; amending ss.
72	373.0391, 373.046, 373.1963, and 376.121, F.S.; revising
73	and deleting provisions relating to specified obsolete and
74	outdated plans, reports, and programs; repealing s.
75	376.17, F.S., relating to reports concerning operation of
76	a specified pollution control program; amending ss.
77	376.30713, 377.703, and 380.0677, F.S.; revising and
78	deleting provisions relating to specified obsolete and
79	outdated plans, reports, and programs; amending ss.
80	259.041 and 259.101, F.S.; correcting cross references;
81	amending s. 381.0011, F.S.; deleting specified
82	requirements for a Department of Health strategic plan;
83	repealing s. 381.0036, F.S., relating to planning for
84	implementation of educational requirements concerning HIV
85	and AIDS for specified professional licensure applicants;
86	amending ss. 381.732 and 381.733, F.S.; conforming cross
87	references; amending ss. 381.795, 381.90, 381.931, and
88	383.19, F.S.; revising and deleting provisions relating to
89	specified obsolete and outdated plans, reports, and
90	programs; repealing s. 383.21, F.S., relating to review of
91	certain perinatal intensive care programs; amending ss.
92	383.2161, 384.25, 394.4573, 394.4985, and 394.75, F.S.;
93	revising and deleting provisions relating to specified
94	obsolete and outdated plans, reports, and programs;
95	repealing s. 394.82, F.S., relating to expanded funding of
96	certain services; amending s. 394.655, F.S.; conforming
97	provisions to the repeal of s. 394.82, F.S.; amending s.
98	394.9082, F.S.; revising provisions relating to behavioral
99	health service strategies; repealing s. 394.9083, F.S.,
100	relating to the Behavioral Health Services Integration
101	Workgroup; amending ss. 395.807, 397.321, 397.333, 397.94,
102	400.0067, 400.0075, 400.0089, 400.407, 400.419, 400.441,
103	400.967, 402.3016, 402.40, 402.73, 403.067, and 403.4131,
104	F.S.; revising and deleting provisions relating to
105	specified obsolete and outdated plans, reports, and
106	programs; repealing s. 403.756, F.S., relating to a report
107	concerning oil recycling; amending ss. 403.7226 and
108	403.7265, F.S.; revising and deleting provisions relating
109	to specified obsolete and outdated plans, reports, and
110	programs; amending s. 403.7264, F.S.; conforming a cross
111	reference; amending ss. 403.7895, 406.02, 408.033,
112	408.914, and 408.915, F.S.; revising and deleting
113	provisions relating to specified obsolete and outdated
114	plans, reports, and programs; repealing s. 408.917, F.S.,
115	relating to evaluation of a health care eligibility pilot
116	project; amending s. 409.1451, F.S.; revising reporting
117	requirements relating to independent living transition
118	services; repealing s. 409.146, F.S., relating to a
119	children and families client and management information
120	system; repealing s. 409.152, F.S., relating to service
121	integration and family preservation goals; amending ss.
122	409.1679, 409.1685, 409.178, 409.221, 409.25575, 409.2558,
123	409.2567, 409.441, 409.906, 409.9065, 409.91188, and
124	409.912, F.S.; revising and deleting provisions relating
125	to specified obsolete and outdated plans, reports, and
126	programs; amending ss. 394.9082, 409.9065, 409.91196, and
127	641.386, F.S.; conforming cross references; repealing s.
128	410.0245, F.S., relating to a study of service needs;
129	amending s. 410.604, F.S.; deleting a requirement for an
130	evaluation and report concerning a specified community
131	care for disabled adults program; repealing s. 411.221,
132	F.S., relating to a prevention and early assistance
133	strategic plan; amending ss. 411.01 and 411.232, F.S.;
134	conforming provisions to the repeal of s. 411.221, F.S.;
135	repealing s. 411.242, F.S., relating to the Florida
136	Education Now and Babies Later (ENABL) program; amending
137	ss. 413.402, 414.1251, 414.14, 414.36, 414.391, 415.1045,
138	420.622, 420.623, 427.704, 427.706, 430.04, 430.502,
139	445.003, 445.004, and 445.006, F.S.; revising and deleting
140	provisions relating to specified obsolete and outdated
141	plans, reports, and programs; conforming provisions to the
142	repeal of s. 411.242, F.S.; amending ss. 445.022 and
143	445.049, F.S.; revising and deleting provisions relating
144	to specified obsolete and outdated plans, reports, and
145	programs; repealing s. 446.27, F.S., relating to a youth-
146	at-risk pilot program annual report; amending s. 446.50,
147	F.S.; deleting provisions relating to initial submittal of
148	the displaced homemaker program plan; repealing s.
149	455.204, F.S., relating to long-range policy planning
150	concerning professional regulation; amending ss. 455.2226,
151	455.2228, 456.005, 456.025, 456.031, 456.033, 456.034, and
152	517.302, F.S.; revising and deleting provisions relating
153	to specified obsolete and outdated plans, reports, and
154	programs; repealing s. 526.3135, F.S., relating to reports
155	by the Division of Standards of the Department of
156	Agriculture and Consumer Services; amending s. 531.415,
157	F.S., relating to a required notice to the Legislature
158	concerning certain weights and measures regulation fees;
159	repealing s. 553.975, F.S., relating to a report
160	concerning energy conservation standards; amending ss.
161	570.0705, 570.0725, 570.235, 570.543, 570.952, 603.204,
162	627.351, 627.64872, 744.7021, 744.708, 765.5215, 768.295,
163	775.084, 790.22, 932.7055, 943.125, 943.68, 944.023,
164	944.801, 945.35, 958.045, 960.045, 985.02, 985.08, and
165	985.3045, F.S.; revising and deleting provisions relating
166	to specified obsolete and outdated plans, reports, and
167	programs; repealing s. 985.3046, F.S., relating to certain
168	reports concerning agencies and entities providing
169	prevention services; amending ss. 985.305 and 985.3155,
170	F.S.; revising and deleting provisions relating to
171	specified obsolete and outdated plans, reports, and
172	programs; repealing s. 985.403, F.S., relating to a task
173	force on juvenile sexual offenders and their victims;
174	amending s. 985.412, F.S.; deleting a provision relating
175	to submittal of a proposal concerning incentives for
176	certain Department of Juvenile Justice providers; amending
177	ss. 1003.492, 1003.61, and 1004.50, F.S.; revising and
178	deleting provisions relating to specified obsolete and
179	outdated plans, reports, and programs; repealing s.
180	1006.0605, F.S., relating to reports concerning student
181	summer nutrition programs; amending ss. 1007.27, 1009.70,
182	1011.32, 1011.62, 1012.42, and 1013.03, F.S.; revising and
183	deleting provisions relating to specified obsolete and
184	outdated plans, reports, and programs; amending ss.
185	20.165, 309.01, 310.011, 455.01, and 455.217, F.S.;
186	revising terminology relating to the organization of the
187	Department of Business and Professional Regulation;
188	providing effective dates.
189
190	Be It Enacted by the Legislature of the State of Florida:
191	Section 1.  Section 16.58, Florida Statutes, is repealed.
192	Section 2.  Subsection (1) and paragraph (c) of subsection
193	(5) of section 20.19, Florida Statutes, are amended to read:
194	20.19  Department of Children and Family Services.--There
195	is created a Department of Children and Family Services.
196	(1)  MISSION AND PURPOSE.--
197	(a)  The mission of the Department of Children and Family
198	Services is to protect vulnerable children and adults,
199	strengthen families, and support individuals and families in
200	achieving personal and economic self-sufficiency work in
201	partnership with local communities to ensure the safety, well-
202	being, and self-sufficiency of the people served.
203	(b)  The department shall develop a strategic plan for
204	fulfilling its mission and establish a set of measurable goals,
205	objectives, performance standards, and quality assurance
206	requirements to ensure that the department is accountable to the
207	people of Florida.
208	(c)  To the extent allowed by law and within specific
209	appropriations, the department shall deliver services by
210	contract through private providers.
211	(5)  SERVICE DISTRICTS.--
212	(c)  Each fiscal year the secretary shall, in consultation
213	with the relevant employee representatives, develop projections
214	of the number of child abuse and neglect cases and shall include
215	in the department's legislative budget request a specific
216	appropriation for funds and positions for the next fiscal year
217	in order to provide an adequate number of full-time equivalent:
218	1.  Child protection investigation workers so that
219	caseloads do not exceed the Child Welfare League Standards by
220	more than two cases; and
221	2.  Child protection case workers so that caseloads do not
222	exceed the Child Welfare League Standards by more than two
223	cases.
224	Section 3.  Paragraph (b) of subsection (6) of section
225	20.315, Florida Statutes, is amended to read:
226	20.315  Department of Corrections.--There is created a
227	Department of Corrections.
228	(6)  FLORIDA CORRECTIONS COMMISSION.--
229	(b)  The primary functions of the commission are to:
230	1.  Recommend major correctional policies for the
231	Governor's approval, and assure that approved policies and any
232	revisions thereto are properly executed.
233	2.  Periodically review the status of the state
234	correctional system and recommend improvements therein to the
235	Governor and the Legislature.
236	3.  Annually perform an in-depth review of community-based
237	intermediate sanctions and recommend to the Governor and the
238	Legislature intergovernmental approaches through the Community
239	Corrections Partnership Act for planning and implementing such
240	sanctions and programs.
241	4.  Perform an in-depth evaluation of the department's
242	annual budget request of the Department of Corrections, long-
243	range program plans and performance standards the comprehensive
244	correctional master plan, and the tentative construction program
245	for compliance with all applicable laws and established
246	departmental policies. The commission may not consider
247	individual construction projects, but shall consider methods of
248	accomplishing the department's goals in the most effective,
249	efficient, and businesslike manner.
250	5.  Routinely monitor the financial status of the
251	department of Corrections to assure that the department is
252	managing revenue and any applicable bond proceeds responsibly
253	and in accordance with law and established policy.
254	6.  Evaluate, at least quarterly, the efficiency,
255	productivity, and management of the department of Corrections,
256	using performance and production standards developed by the
257	department under former subsection (18).
258	7.  Provide public education on corrections and criminal
259	justice issues.
260	8.  Report to the President of the Senate, the Speaker of
261	the House of Representatives, and the Governor by November 1 of
262	each year.
263	9.  Resolve disputes between the department of Corrections
264	and the contractors for the private correctional facilities
265	entered into under chapter 957 when a contractor proposes to
266	waive a rule, policy, or procedure concerning operation
267	standards.
268	Section 4.  Subsection (4) of section 20.316, Florida
269	Statutes, is amended to read:
270	20.316  Department of Juvenile Justice.--There is created a
271	Department of Juvenile Justice.
272	(4)  INFORMATION SYSTEMS.--
273	(a)  The Department of Juvenile Justice shall develop, in
274	consultation with the Criminal and Juvenile Justice Information
275	Systems Council under s. 943.08, a juvenile justice information
276	system which shall provide information concerning the
277	department's activities and programs.
278	(b)  In establishing the computing and network
279	infrastructure for the development of the information system,
280	the department shall develop a system design to set the
281	direction for the information system. That design shall include
282	not only department system requirements but also data exchange
283	requirements of other state and local juvenile justice system
284	organizations.
285	(c)  The department shall implement a distributed system
286	architecture which shall be defined in its agency strategic
287	plan.
288	(d)  The management information system shall, at a minimum:
289	1.  Facilitate case management of juveniles referred to or
290	placed in the department's custody.
291	2.  Provide timely access to current data and computing
292	capacity to support outcome evaluation, legislative oversight,
293	the Juvenile Justice Estimating Conference, and other research.
294	3.  Provide automated support to the quality assurance and
295	program review functions.
296	4.  Provide automated support to the contract management
297	process.
298	5.  Provide automated support to the facility operations
299	management process.
300	6.  Provide automated administrative support to increase
301	efficiency, provide the capability of tracking expenditures of
302	funds by the department or contracted service providers that are
303	eligible for federal reimbursement, and reduce forms and
304	paperwork.
305	7.  Facilitate connectivity, access, and utilization of
306	information among various state agencies, and other state,
307	federal, local, and private agencies, organizations, and
308	institutions.
309	8.  Provide electronic public access to juvenile justice
310	information, which is not otherwise made confidential by law or
311	exempt from the provisions of s. 119.07(1).
312	9.  Provide a system for the training of information system
313	users and user groups.
314	(e)  The department shall aggregate, on a quarterly and an
315	annual basis, the program information, demographic, program
316	utilization rate, and statistical data of the youth served into
317	a descriptive report and shall disseminate the quarterly and
318	annual reports to substantive committees of the House of
319	Representatives and the Senate.
320	(f)  The department shall provide an annual report on the
321	juvenile justice information system to the Criminal and Juvenile
322	Justice Information Systems Council. The council shall review
323	and forward the report, along with its comments, to the
324	appropriate substantive and appropriations committees of the
325	House of Representatives and the Senate delineating the
326	development status of the system and other information necessary
327	for funding policy formulation.
328	(g)  The department shall include in its annual budget
329	request a comprehensive summary of costs involved in the
330	establishment of the information system and cost savings
331	associated with its implementation. The budget request must also
332	include a complete inventory of staff, equipment, and facility
333	resources for development and maintenance of the system.
334	Section 5.  Paragraph (l) of subsection (1) of section
335	20.43, Florida Statutes, is amended to read:
336	20.43  Department of Health.--There is created a Department
337	of Health.
338	(1)  The purpose of the Department of Health is to promote
339	and protect the health of all residents and visitors in the
340	state through organized state and community efforts, including
341	cooperative agreements with counties. The department shall:
342	(l)  Include in the department's long-range program
343	strategic plan developed under s. 186.021 an assessment of
344	current health programs, systems, and costs; projections of
345	future problems and opportunities; and recommended changes that
346	are needed in the health care system to improve the public
347	health.
348	Section 6.  Subsections (7) and (8) of section 39.001,
349	Florida Statutes, are amended to read:
350	39.001  Purposes and intent; personnel standards and
351	screening.--
352	(7)  PLAN FOR COMPREHENSIVE APPROACH.--
353	(a)  The department shall develop a comprehensive state
354	plan for the prevention of abuse, abandonment, and neglect of
355	children and shall submit the plan to the Speaker of the House
356	of Representatives, the President of the Senate, and the
357	Governor no later than June 30, 2006 January 1, 1983.
358	1.  The departments Department of Education, and the
359	Division of Children's Medical Services Prevention and
360	Intervention of the Department of Health, Law Enforcement, and
361	Juvenile Justice, along with the Agency for Workforce Innovation
362	and the Agency for Persons with Disabilities, shall participate
363	and fully cooperate in the development of the state plan at both
364	the state and local levels. National-level and state-level
365	advocacy groups, especially as identified in federal prevention
366	initiatives or requirements, shall also be provided an
367	opportunity to participate.
368	2.  Furthermore, Appropriate local agencies and
369	organizations shall be provided an opportunity to participate at
370	the local level in the development of the state plan at the
371	local level. Appropriate local groups and organizations shall
372	include, but not be limited to, community alliances as described
373	in s. 20.19; community-based care lead agencies as described in
374	s. 409.1671; community mental health centers; guardian ad litem
375	programs for children and other court system entities under the
376	circuit court; the school boards of the local school districts;
377	the Florida local advocacy councils; private or public
378	organizations or programs with recognized expertise in working
379	with children who are sexually abused, physically abused,
380	emotionally abused, abandoned, or neglected and with expertise
381	in working with the families of such children; private or public
382	programs or organizations with expertise in maternal and infant
383	health care; multidisciplinary child protection teams; child day
384	care centers; and law enforcement agencies, and the circuit
385	courts, when guardian ad litem programs are not available in the
386	local area. The state plan to be provided to the Legislature and
387	the Governor shall include, as a minimum, the information
388	required of the various groups in paragraph (b).
389	(b)  The development of the comprehensive state plan shall
390	be accomplished in the following manner:
391	1.  The department shall establish an interprogram task
392	force comprised of a designee from each of the department's
393	programs as listed in s. 20.19. Representatives from the
394	agencies listed in subparagraph (a)1. the Program Director for
395	Family Safety, or a designee, a representative from the Child
396	Care Services Program Office, a representative from the Family
397	Safety Program Office, a representative from the Mental Health
398	Program Office, a representative from the Substance Abuse
399	Program Office, a representative from the Developmental
400	Disabilities Program Office, and a representative from the
401	Division of Children's Medical Services Prevention and
402	Intervention of the Department of Health. Representatives of the
403	Department of Law Enforcement and of the Department of Education
404	shall serve as ex officio members of the interprogram task
405	force. The interprogram task force shall be responsible for:
406	1.a.  Developing a plan of action for better coordination
407	and integration of the goals, activities, and funding pertaining
408	to the prevention of child abuse, abandonment, and neglect
409	conducted by the department in order to maximize staff and
410	resources at the state level. The plan of action shall be
411	included in the state plan.
412	2.b.  Providing a schedule and basic format for to be
413	utilized by the districts in the preparation of local plans of
414	action in order to provide for uniformity in the development of
415	local district plans and to provide for greater ease in
416	compiling information for the state plan.
417	3.c.  Providing the districts with technical assistance in
418	the development of local plans of action, if requested.
419	4.d.  Examining the local plans to determine if all the
420	requirements of the local plans have been met and, if they have
421	not, working with local entities to obtain the needed
422	information informing the districts of the deficiencies and
423	requesting the additional information needed.
424	5.e.  Preparing the comprehensive state plan for submission
425	to the Legislature and the Governor. Such preparation shall
426	include the collapsing of information obtained from the local
427	plans, the cooperative plans with the Department of Education,
428	and the plan of action for coordination and integration of
429	departmental activities into one comprehensive plan. The
430	comprehensive plan shall include a section reflecting general
431	conditions and needs, an analysis of variations based on
432	population or geographic areas, identified problems, and
433	recommendations for change. In essence, the plan shall provide
434	an analysis and summary of each element of the local plans to
435	provide a statewide perspective. The plan shall also include
436	each separate local plan of action.
437	6.f.  Working with the appropriate specified state agency
438	in fulfilling the requirements of paragraphs (d), (e), and (f)
439	subparagraphs 2., 3., 4., and 5.
440	(c)  The comprehensive state plan shall contain the
441	following elements:
442	1.  A section reflecting general conditions and needs.
443	2.  An analysis of variations based on population or
444	geographic areas.
445	3.  Performance expectations and gaps.
446	4.  Recommendations for performance improvement.
447	5.  Resource and funding strategies related to unmet needs.
448	6.  A summary or crosswalk of the planning and performance
449	requirements from relevant federal funding sources for the
450	prevention of child abuse and neglect.
451	7.  Each separate plan identified in paragraphs (d), (e),
452	and (f).
453	2.  The department, the Department of Education, and the
454	Department of Health shall work together in developing ways to
455	inform and instruct parents of school children and appropriate
456	district school personnel in all school districts in the
457	detection of child abuse, abandonment, and neglect and in the
458	proper action that should be taken in a suspected case of child
459	abuse, abandonment, or neglect, and in caring for a child's
460	needs after a report is made. The plan for accomplishing this
461	end shall be included in the state plan.
462	(d)3.  The department, and appropriate task members the
463	Department of Law Enforcement, and the Department of Health
464	shall work together in developing a plan for informing and
465	instructing ways to inform and instruct appropriate
466	professionals local law enforcement personnel in the detection
467	of child abuse, abandonment, and neglect; and in the proper
468	actions action that should be taken in a suspected case of child
469	abuse, abandonment, or neglect; and in supporting subsequent
470	action by the department or other responsible party for child
471	protection. Appropriate professionals include, but are not
472	limited to, the reporters listed in s. 39.201(1)(b).
473	(e)4.  Within existing appropriations, The department shall
474	work with other appropriate public and private agencies to
475	develop a plan for educating emphasize efforts to educate the
476	general public about the problem of and ways to detect child
477	abuse, abandonment, and neglect and in the proper action that
478	should be taken in a suspected case of child abuse, abandonment,
479	or neglect. The plan for accomplishing this end shall be
480	included in the state plan.
481	5.  The department, the Department of Education, and the
482	Department of Health shall work together on the enhancement or
483	adaptation of curriculum materials to assist instructional
484	personnel in providing instruction through a multidisciplinary
485	approach on the identification, intervention, and prevention of
486	child abuse, abandonment, and neglect. The curriculum materials
487	shall be geared toward a sequential program of instruction at
488	the four progressional levels, K-3, 4-6, 7-9, and 10-12.
489	Strategies for encouraging all school districts to utilize the
490	curriculum are to be included in the comprehensive state plan
491	for the prevention of child abuse, abandonment, and neglect.
492	(f)6.  Each district of The department shall facilitate the
493	development of local plans develop a plan for their local its
494	specific geographical area. Plans The plan developed at the
495	local district level shall be used by submitted to the
496	interprogram task force for utilization in preparing the state
497	comprehensive plan. The district local plan of action shall be
498	prepared with the involvement and assistance of the local
499	agencies and organizations listed in paragraph (a), as well as
500	representatives from those departmental district offices
501	participating in the treatment and prevention of child abuse,
502	abandonment, and neglect. In order to accomplish this, the
503	district administrator in each district shall establish a task
504	force on the prevention of child abuse, abandonment, and
505	neglect. The district administrator shall appoint the members of
506	the task force in accordance with the membership requirements of
507	this section. In addition, the district administrator shall
508	ensure that each subdistrict is represented on the task force;
509	and, if the district does not have subdistricts, the district
510	administrator shall ensure that both urban and rural areas are
511	represented on the task force. The task force shall develop a
512	written statement clearly identifying its operating procedures,
513	purpose, overall responsibilities, and method of meeting
514	responsibilities.
515	(g)  Each local plan The district plan of action to be
516	prepared by the task force shall include, but shall not be
517	limited to:
518	1.a.  Documentation of the incidence magnitude of the
519	problems of child abuse, including sexual abuse, physical abuse,
520	and emotional abuse, and child abandonment, and neglect in its
521	geographical area. Documentation shall include, at a minimum, a
522	summary of information derived from the department's official
523	data source, HomeSafeNet.
524	2.b.  A description of programs and services currently
525	serving abused, abandoned, and neglected children and their
526	families and a description of programs for the prevention of
527	child abuse, abandonment, and neglect, including information on
528	the impact, cost-effectiveness, and sources of funding of such
529	programs and services.
530	3.c.  A description of local models for a continuum of
531	programs and services necessary for a comprehensive approach to
532	the prevention of all types of child abuse, abandonment, and
533	neglect as well as a brief description of such programs and
534	services.
535	4.d.  A description, documentation, and priority ranking of
536	local unmet needs related to child abuse, abandonment, and
537	neglect prevention based upon the current programs and a model
538	continuum of programs and services.
539	5.e.  A plan for steps to be taken in meeting identified
540	needs, including the coordination and integration of services to
541	avoid unnecessary duplication and cost, and for alternative
542	funding strategies for meeting needs through the reallocation of
543	existing resources, utilization of volunteers, contracting with
544	local universities for services, and local government or private
545	agency funding.
546	6.f.  A description of barriers to the accomplishment of a
547	comprehensive approach to the prevention of child abuse,
548	abandonment, and neglect.
549	7.g.  Recommendations for actions changes that can be
550	accomplished only at the state program level or by legislative
551	action.
552	(8)  FUNDING AND SUBSEQUENT PLANS.--
553	(a)  The department's long-range program plans and
554	legislative budget requests All budget requests submitted by the
555	department, the Department of Health, the Department of
556	Education, or any other agency to the Legislature for funding of
557	efforts for the prevention of child abuse, abandonment, and
558	neglect shall be based on and consistent with the most recent
559	state comprehensive plan and updates developed pursuant to this
560	section.
561	(b)  The department at the state and district levels and
562	the other agencies listed in paragraph (7)(a) shall review and
563	update the plan annually readdress the plan and make necessary
564	revisions every 5 years, at a minimum. Such updates revisions
565	shall be submitted to the Governor, the Speaker of the House of
566	Representatives, and the President of the Senate no later than
567	June 30 of each year divisible by 5. Annual review and updates
568	shall include progress and performance reporting An annual
569	progress report shall be submitted to update the plan in the
570	years between the 5-year intervals. In order to avoid
571	duplication of effort, these required plans may be made a part
572	of or merged with other plans required by either the state or
573	Federal Government, so long as the portions of the other state
574	or Federal Government plan that constitute the state plan for
575	the prevention of child abuse, abandonment, and neglect are
576	clearly identified as such and are provided to the Speaker of
577	the House of Representatives and the President of the Senate as
578	required above.
579	Section 7.  Subsection (3) of section 39.3065, Florida
580	Statutes, is amended to read:
581	39.3065  Sheriffs of certain counties to provide child
582	protective investigative services; procedures; funding.--
583	(3)(a)  Beginning in fiscal year 1999-2000, the sheriffs of
584	Pasco County, Manatee County, Broward County, and Pinellas
585	County have the responsibility to provide all child protective
586	investigations in their respective counties. Beginning in fiscal
587	year 2000-2001, the Department of Children and Family Services
588	is authorized to enter into grant agreements with sheriffs of
589	other counties to perform child protective investigations in
590	their respective counties.
591	(b)  The sheriffs shall operate, at a minimum, in
592	accordance with the performance standards and outcome measures
593	established by the Legislature for protective investigations
594	conducted by the Department of Children and Family Services.
595	Each individual who provides these services must complete, at a
596	minimum, the training provided to and required of protective
597	investigators employed by the Department of Children and Family
598	Services.
599	(c)  Funds for providing child protective investigations
600	must be identified in the annual appropriation made to the
601	Department of Children and Family Services, which shall award
602	grants for the full amount identified to the respective
603	sheriffs' offices. Notwithstanding the provisions of ss.
604	216.181(16)(b) and 216.351, the Department of Children and
605	Family Services may advance payments to the sheriffs for child
606	protective investigations. Funds for the child protective
607	investigations may not be integrated into the sheriffs' regular
608	budgets. Budgetary data and other data relating to the
609	performance of child protective investigations must be
610	maintained separately from all other records of the sheriffs'
611	offices and reported to the Department of Children and Family
612	Services as specified in the grant agreement.
613	(d)  Program performance evaluation shall be based on
614	criteria mutually agreed upon by the respective sheriffs and the
615	Department of Children and Family Services. The program
616	performance evaluation shall be conducted by a team of peer
617	reviewers from the respective sheriffs' offices that perform
618	child protective investigations and representatives from the
619	department. The Department of Children and Family Services shall
620	submit an annual report regarding quality performance, outcome-
621	measure attainment, and cost efficiency to the President of the
622	Senate, the Speaker of the House of Representatives, and to the
623	Governor no later than January 31 of each year the sheriffs are
624	receiving general appropriations to provide child protective
625	investigations.
626	Section 8.  Section 39.4086, Florida Statutes, is repealed.
627	Section 9.  Subsection (5) of section 39.523, Florida
628	Statutes, is amended to read:
629	39.523  Placement in residential group care.--
630	(5)(a)  By December 1 of each year, the department shall
631	report to the Legislature on the placement of children in
632	licensed residential group care during the year, including the
633	criteria used to determine the placement of children, the number
634	of children who were evaluated for placement, the number of
635	children who were placed based upon the evaluation, and the
636	number of children who were not placed. The department shall
637	maintain data specifying the number of children who were
638	referred to licensed residential child care for whom placement
639	was unavailable and the counties in which such placement was
640	unavailable. The department shall include this data in its
641	report to the Legislature due on December 1, so that the
642	Legislature may consider this information in developing the
643	General Appropriations Act.
644	(b)  As part of the report required in paragraph (a), the
645	department shall also provide a detailed account of the
646	expenditures incurred for "Special Categories: Grants and
647	Aids--Specialized Residential Group Care Services" for the
648	fiscal year immediately preceding the date of the report. This
649	section of the report must include whatever supporting data is
650	necessary to demonstrate full compliance with paragraph (6)(c).
651	The document must present the information by district and must
652	specify, at a minimum, the number of additional beds, the
653	average rate per bed, the number of additional persons served,
654	and a description of the enhanced and expanded services
655	provided.
656	Section 10.  Subsections (1) and (3) of section 98.255,
657	Florida Statutes, are amended to read:
658	98.255  Voter education programs.--
659	(1)  By March 1, 2002, The Department of State shall adopt
660	rules prescribing minimum standards for nonpartisan voter
661	education. In developing the rules, the department shall review
662	current voter education programs within each county of the
663	state. The standards shall address, but are not limited to, the
664	following subjects:
665	(a)  Voter registration;
666	(b)  Balloting procedures, absentee and polling place;
667	(c)  Voter rights and responsibilities;
668	(d)  Distribution of sample ballots; and
669	(e)  Public service announcements.
670	(3)(a)  By December 15 of each general election year, each
671	supervisor of elections shall report to the Department of State
672	a detailed description of the voter education programs
673	implemented and any other information that may be useful in
674	evaluating the effectiveness of voter education efforts.
675	(b)  The Department of State, upon receipt of such
676	information, shall prepare a public report on the effectiveness
677	of voter education programs and shall submit the report to the
678	Governor, the President of the Senate, and the Speaker of the
679	House of Representatives by January 31 of each year following a
680	general election.
681	(c)  The Department of State shall reexamine the rules
682	adopted pursuant to subsection (1) and consider the findings in
683	these reports the report as a basis for adopting modified rules
684	that incorporate successful voter education programs and
685	techniques, as necessary.
686	Section 11.  Subsection (2) of section 120.695, Florida
687	Statutes, is amended to read:
688	120.695  Notice of noncompliance.--
689	(2)(a)  Each agency shall issue a notice of noncompliance
690	as a first response to a minor violation of a rule. A "notice of
691	noncompliance" is a notification by the agency charged with
692	enforcing the rule issued to the person or business subject to
693	the rule. A notice of noncompliance may not be accompanied with
694	a fine or other disciplinary penalty. It must identify the
695	specific rule that is being violated, provide information on how
696	to comply with the rule, and specify a reasonable time for the
697	violator to comply with the rule. A rule is agency action that
698	regulates a business, occupation, or profession, or regulates a
699	person operating a business, occupation, or profession, and
700	that, if not complied with, may result in a disciplinary
701	penalty.
702	(a)(b)  Each agency shall review all of its rules and
703	designate those rules for which a violation would be a minor
704	violation and for which a notice of noncompliance must be the
705	first enforcement action taken against a person or business
706	subject to regulation. A violation of a rule is a minor
707	violation if it does not result in economic or physical harm to
708	a person or adversely affect the public health, safety, or
709	welfare or create a significant threat of such harm. If an
710	agency under the direction of a cabinet officer mails to each
711	licensee a notice of the designated rules at the time of
712	licensure and at least annually thereafter, the provisions of
713	this subsection paragraph (a) may be exercised at the discretion
714	of the agency. Such notice shall include a subject-matter index
715	of the rules and information on how the rules may be obtained.
716	(c)  The agency's review and designation must be completed
717	by December 1, 1995; each agency under the direction of the
718	Governor shall make a report to the Governor, and each agency
719	under the joint direction of the Governor and Cabinet shall
720	report to the Governor and Cabinet by January 1, 1996, on which
721	of its rules have been designated as rules the violation of
722	which would be a minor violation.
723	(b)(d)  The Governor or the Governor and Cabinet, as
724	appropriate pursuant to paragraph (c), may evaluate the rule
725	review and designation effects of each agency and may apply a
726	different designation than that applied by the agency.
727	(3)(e)  This section does not apply to the regulation of
728	law enforcement personnel or teachers.
729	(4)(f)  Rule designation pursuant to this section is not
730	subject to challenge under this chapter.
731	Section 12.  Section 153.952, Florida Statutes, is
732	repealed.
733	Section 13.  Subsections (3), (5), (9), (11), and (16),
734	paragraphs (b) and (d) of subsection (6), paragraphs (a) and (b)
735	of subsection (12), and paragraphs (a) and (b) of subsection
736	(13) of section 161.053, Florida Statutes, are amended to read:
737	161.053  Coastal construction and excavation; regulation on
738	county basis.--
739	(3)  It is the intent of the Legislature that any coastal
740	construction control line that has not been updated since June
741	30, 1980, shall be considered a critical priority for
742	reestablishment by the department. In keeping with this intent,
743	the department shall notify the Legislature if all such lines
744	cannot be reestablished by December 31, 1997, so that the
745	Legislature may subsequently consider interim lines of
746	jurisdiction for the remaining counties.
747	(4)(5)  Except in those areas where local zoning and
748	building codes have been established pursuant to subsection
749	(3)(4), a permit to alter, excavate, or construct on property
750	seaward of established coastal construction control lines may be
751	granted by the department as follows:
752	(a)  The department may authorize an excavation or erection
753	of a structure at any coastal location as described in
754	subsection (1) upon receipt of an application from a property
755	and/or riparian owner and upon the consideration of facts and
756	circumstances, including:
757	1.  Adequate engineering data concerning shoreline
758	stability and storm tides related to shoreline topography;
759	2.  Design features of the proposed structures or
760	activities; and
761	3.  Potential impacts of the location of such structures or
762	activities, including potential cumulative effects of any
763	proposed structures or activities upon such beach-dune system,
764	which, in the opinion of the department, clearly justify such a
765	permit.
766	(b)  If in the immediate contiguous or adjacent area a
767	number of existing structures have established a reasonably
768	continuous and uniform construction line closer to the line of
769	mean high water than the foregoing, and if the existing
770	structures have not been unduly affected by erosion, a proposed
771	structure may, at the discretion of the department, be permitted
772	along such line on written authorization from the department if
773	such structure is also approved by the department. However, the
774	department shall not contravene setback requirements or zoning
775	or building codes established by a county or municipality which
776	are equal to, or more strict than, those requirements provided
777	herein. This paragraph does not prohibit the department from
778	requiring structures to meet design and siting criteria
779	established in paragraph (a) or in subsection (1) or subsection
780	(2).
781	(c)  The department may condition the nature, timing, and
782	sequence of construction of permitted activities to provide
783	protection to nesting sea turtles and hatchlings and their
784	habitat, pursuant to s. 370.12, and to native salt-resistant
785	vegetation and endangered plant communities.
786	(d)  The department may require such engineer
787	certifications as necessary to assure the adequacy of the design
788	and construction of permitted projects.
789	(e)  The department shall limit the construction of
790	structures which interfere with public access along the beach.
791	However, the department may require, as a condition to granting
792	permits, the provision of alternative access when interference
793	with public access along the beach is unavoidable. The width of
794	such alternate access may not be required to exceed the width of
795	the access that will be obstructed as a result of the permit
796	being granted.
797	(f)  The department may, as a condition to the granting of
798	a permit under this section, require mitigation, financial, or
799	other assurances acceptable to the department as may be
800	necessary to assure performance of conditions of a permit or
801	enter into contractual agreements to best assure compliance with
802	any permit conditions. The department may also require notice of
803	the permit conditions required and the contractual agreements
804	entered into pursuant to the provisions of this subsection to be
805	filed in the public records of the county in which the permitted
806	activity is located.
807	(5)(6)
808	(b)  After October 1, 1985, and notwithstanding any other
809	provision of this part, the department, or a local government to
810	which the department has delegated permitting authority pursuant
811	to subsections (3)(4) and (15)(16), shall not issue any permit
812	for any structure, other than a coastal or shore protection
813	structure, minor structure, or pier, meeting the requirements of
814	this part, or other than intake and discharge structures for a
815	facility sited pursuant to part II of chapter 403, which is
816	proposed for a location which, based on the department's
817	projections of erosion in the area, will be seaward of the
818	seasonal high-water line within 30 years after the date of
819	application for such permit. The procedures for determining such
820	erosion shall be established by rule. In determining the area
821	which will be seaward of the seasonal high-water line in 30
822	years, the department shall not include any areas landward of a
823	coastal construction control line.
824	(d)  In determining the land areas which will be below the
825	seasonal high-water line within 30 years after the permit
826	application date, the department shall consider the impact on
827	the erosion rates of an existing beach nourishment or
828	restoration project or of a beach nourishment or restoration
829	project for which all funding arrangements have been made and
830	all permits have been issued at the time the application is
831	submitted. The department shall consider each year there is sand
832	seaward of the erosion control line that no erosion took place
833	that year. However, the seaward extent of the beach nourishment
834	or restoration project beyond the erosion control line shall not
835	be considered in determining the applicable erosion rates.
836	Nothing in this subsection shall prohibit the department from
837	requiring structures to meet criteria established in subsection
838	(1), subsection (2), or subsection (4)(5) or to be further
839	landward than required by this subsection based on the criteria
840	established in subsection (1), subsection (2), or subsection
841	(4)(5).
842	(8)(9)  The provisions of this section do not apply to
843	structures intended for shore protection purposes which are
844	regulated by s. 161.041 or to structures existing or under
845	construction prior to the establishment of the coastal
846	construction control line as provided herein, provided such
847	structures may not be materially altered except as provided in
848	subsection (4)(5). Except for structures that have been
849	materially altered, structures determined to be under
850	construction at the time of the establishment or reestablishment
851	of the coastal construction control line shall be exempt from
852	the provisions of this section. However, unless such an
853	exemption has been judicially confirmed to exist prior to April
854	10, 1992, the exemption shall last only for a period of 3 years
855	from either the date of the determination of the exemption or
856	April 10, 1992, whichever occurs later. The department may
857	extend the exemption period for structures that require longer
858	periods for completion of their construction, provided that
859	construction during the initial exemption period has been
860	continuous. For purposes of this subsection, "continuous" means
861	following a reasonable sequence of construction without
862	significant or unreasonable periods of work stoppage.
863	(10)(11)  Pending the establishment of coastal construction
864	control lines as provided herein, the provisions of s. 161.052
865	shall remain in force. However, upon the establishment of
866	coastal construction control lines, or the establishment of
867	coastal construction zoning and building codes as provided in
868	subsection (3)(4), the provisions of s. 161.052 shall be
869	superseded by the provisions of this section.
870	(11)(12)(a)  The coastal construction control requirements
871	defined in subsection (1) and the requirements of the erosion
872	projections pursuant to subsection (5)(6) do not apply to any
873	modification, maintenance, or repair to any existing structure
874	within the limits of the existing foundation which does not
875	require, involve, or include any additions to, or repair or
876	modification of, the existing foundation of that structure.
877	Specifically excluded from this exemption are seawalls or other
878	rigid coastal or shore protection structures and any additions
879	or enclosures added, constructed, or installed below the first
880	dwelling floor or lowest deck of the existing structure.
881	(b)  Activities seaward of the coastal construction control
882	line which are determined by the department not to cause a
883	measurable interference with the natural functioning of the
884	coastal system are exempt from the requirements in subsection
885	(4)(5).
886	(12)(13)(a)  Notwithstanding the coastal construction
887	control requirements defined in subsection (1) or the erosion
888	projection determined pursuant to subsection (5)(6), the
889	department may, at its discretion, issue a permit for the repair
890	or rebuilding within the confines of the original foundation of
891	a major structure pursuant to the provisions of subsection
892	(4)(5). Alternatively, the department may also, at its
893	discretion, issue a permit for a more landward relocation or
894	rebuilding of a damaged or existing structure if such relocation
895	or rebuilding would not cause further harm to the beach-dune
896	system, and if, in the case of rebuilding, such rebuilding
897	complies with the provisions of subsection (4)(5), and otherwise
898	complies with the provisions of this subsection.
899	(b)  Under no circumstances shall the department permit
900	such repairs or rebuilding that expand the capacity of the
901	original structure seaward of the 30-year erosion projection
902	established pursuant to subsection (5)(6).
903	(15)(16)  In keeping with the intent of subsection (3)(4),
904	and at the discretion of the department, authority for
905	permitting certain types of activities which have been defined
906	by the department may be delegated by the department to a
907	coastal county or coastal municipality. Such partial delegation
908	shall be narrowly construed to those particular activities
909	specifically named in the delegation and agreed to by the
910	affected county or municipality, and the delegation may be
911	revoked by the department at any time if it is determined that
912	the delegation is improperly or inadequately administered.
913	Section 14.  Paragraph (g) of subsection (1) of section
914	370.12, Florida Statutes, is amended to read:
915	370.12  Marine animals; regulation.--
916	(1)  PROTECTION OF MARINE TURTLES.--
917	(g)  The Department of Environmental Protection may
918	condition the nature, timing, and sequence of construction of
919	permitted activities to provide protection to nesting marine
920	turtles and hatchlings and their habitat pursuant to the
921	provisions of s. 161.053(4)(5). When the department is
922	considering a permit for a beach restoration, beach
923	renourishment, or inlet sand transfer project and the applicant
924	has had an active marine turtle nest relocation program or the
925	applicant has agreed to and has the ability to administer a
926	program, the department must not restrict the timing of the
927	project. Where appropriate, the department, in accordance with
928	the applicable rules of the Fish and Wildlife Conservation
929	Commission, shall require as a condition of the permit that the
930	applicant relocate and monitor all turtle nests that would be
931	affected by the beach restoration, beach renourishment, or sand
932	transfer activities. Such relocation and monitoring activities
933	shall be conducted in a manner that ensures successful hatching.
934	This limitation on the department's authority applies only on
935	the Atlantic coast of Florida.
936	Section 15.  Subsection (2) of section 161.161, Florida
937	Statutes, is amended to read:
938	161.161  Procedure for approval of projects.--
939	(2)  Annually Upon approval of the beach management plan,
940	the secretary shall present to the President of the Senate, the
941	Speaker of the House of Representatives, and the chairs of the
942	legislative appropriations committees recommendations for
943	funding of beach erosion control projects prioritized according
944	to the. Such recommendations shall be presented to such members
945	of the Legislature in the priority order specified in the plan
946	and established pursuant to criteria established contained in s.
947	161.101(14).
948	Section 16.  Section 163.2526, Florida Statutes, is
949	repealed.
950	Section 17.  Subsection (2) of section 163.3167, Florida
951	Statutes, is amended to read:
952	163.3167  Scope of act.--
953	(2)  Each local government shall prepare a comprehensive
954	plan of the type and in the manner set out in this act or shall
955	prepare amendments to its existing comprehensive plan to conform
956	it to the requirements of this part in the manner set out in
957	this part. Each local government, in accordance with the
958	procedures in s. 163.3184, shall submit its complete proposed
959	comprehensive plan or its complete comprehensive plan as
960	proposed to be amended to the state land planning agency. by the
961	date specified in the rule adopted by the state land planning
962	agency pursuant to this subsection. The state land planning
963	agency shall, prior to October 1, 1987, adopt a schedule of
964	local governments required to submit complete proposed
965	comprehensive plans or comprehensive plans as proposed to be
966	amended. Such schedule shall specify the exact date of
967	submission for each local government, shall establish equal,
968	staggered submission dates, and shall be consistent with the
969	following time periods:
970	(a)  Beginning on July 1, 1988, and on or before July 1,
971	1990, each county that is required to include a coastal
972	management element in its comprehensive plan and each
973	municipality in such a county; and
974	(b)  Beginning on July 1, 1989, and on or before July 1,
975	1991, all other counties or municipalities.
976
977	Nothing herein shall preclude the state land planning agency
978	from permitting by rule a county together with each municipality
979	in the county from submitting a proposed comprehensive plan
980	earlier than the dates established in paragraphs (a) and (b).
981	Any county or municipality that fails to meet the schedule set
982	for submission of its proposed comprehensive plan by more than
983	90 days shall be subject to the sanctions described in s.
984	163.3184(11)(a) imposed by the Administration Commission.
985	Notwithstanding the time periods established in this subsection,
986	the state land planning agency may establish later deadlines for
987	the submission of proposed comprehensive plans or comprehensive
988	plans as proposed to be amended for a county or municipality
989	which has all or a part of a designated area of critical state
990	concern within its boundaries; however, such deadlines shall not
991	be extended to a date later than July 1, 1991, or the time of
992	de-designation, whichever is earlier.
993	Section 18.  Paragraph (h) of subsection (6) and paragraph
994	(k) of subsection (10) of section 163.3177, Florida Statutes,
995	are amended to read:
996	163.3177  Required and optional elements of comprehensive
997	plan; studies and surveys.--
998	(6)  In addition to the requirements of subsections
999	(1)-(5), the comprehensive plan shall include the following
1000	elements:
1001	(h)1.  An intergovernmental coordination element showing
1002	relationships and stating principles and guidelines to be used
1003	in coordinating the accomplishment of coordination of the
1004	adopted comprehensive plan with the plans of school boards and
1005	other units of local government providing services but not
1006	having regulatory authority over the use of land, with the
1007	comprehensive plans of adjacent municipalities, the county,
1008	adjacent counties, or the region, with the state comprehensive
1009	plan and with the applicable regional water supply plan approved
1010	pursuant to s. 373.0361, as the case may require and as such
1011	adopted plans or plans in preparation may exist. This element of
1012	the local comprehensive plan shall consider demonstrate
1013	consideration of the particular effects of the local plan, when
1014	adopted, upon the development of adjacent municipalities, the
1015	county, adjacent counties, or the region, or upon the state
1016	comprehensive plan, as the case may require.
1017	a.  The intergovernmental coordination element shall
1018	provide for procedures for identifying and implementing to
1019	identify and implement joint planning areas, especially for the
1020	purpose of annexation, municipal incorporation, and joint
1021	infrastructure service areas.
1022	b.  The intergovernmental coordination element shall
1023	provide for recognition of campus master plans prepared pursuant
1024	to s. 1013.30.
1025	c.  The intergovernmental coordination element may provide
1026	for a voluntary dispute resolution process as established
1027	pursuant to s. 186.509 for bringing to closure in a timely
1028	manner intergovernmental disputes. A local government may
1029	develop and use an alternative local dispute resolution process
1030	for this purpose.
1031	2.  The intergovernmental coordination element shall
1032	further state principles and guidelines to be used in
1033	coordinating the accomplishment of coordination of the adopted
1034	comprehensive plan with the plans of school boards and other
1035	units of local government providing facilities and services but
1036	not having regulatory authority over the use of land. In
1037	addition, the intergovernmental coordination element shall
1038	describe joint processes for collaborative planning and
1039	decisionmaking on population projections and public school
1040	siting, the location and extension of public facilities subject
1041	to concurrency, and siting facilities with countywide
1042	significance, including locally unwanted land uses whose nature
1043	and identity are established in an agreement. Within 1 year of
1044	adopting their intergovernmental coordination elements, each
1045	county, all the municipalities within that county, the district
1046	school board, and any unit of local government service providers
1047	in that county shall establish by interlocal or other formal
1048	agreement executed by all affected entities, the joint processes
1049	described in this subparagraph consistent with their adopted
1050	intergovernmental coordination elements.
1051	3.  To foster coordination between special districts and
1052	local general-purpose governments as local general-purpose
1053	governments implement local comprehensive plans, each
1054	independent special district must submit a public facilities
1055	report to the appropriate local government as required by s.
1056	189.415.
1057	4.a.  Local governments adopting a public educational
1058	facilities element pursuant to s. 163.31776 must execute an
1059	interlocal agreement with the district school board, the county,
1060	and nonexempt municipalities, as defined by s. 163.31776(1),
1061	which includes the items listed in s. 163.31777(2). The local
1062	government shall amend the intergovernmental coordination
1063	element to provide that coordination between the local
1064	government and school board is pursuant to the agreement and
1065	shall state the obligations of the local government under the
1066	agreement.
1067	b.  Plan amendments that comply with this subparagraph are
1068	exempt from the provisions of s. 163.3187(1).
1069	5.  The state land planning agency shall establish a
1070	schedule for phased completion and transmittal of plan
1071	amendments to implement subparagraphs 1., 2., and 3. from all
1072	jurisdictions so as to accomplish their adoption by December 31,
1073	1999. A local government may complete and transmit its plan
1074	amendments to carry out these provisions prior to the scheduled
1075	date established by the state land planning agency. The plan
1076	amendments are exempt from the provisions of s. 163.3187(1).
1077	5.6.  By January 1, 2004, any county having a population
1078	greater than 100,000, and the municipalities and special
1079	districts within that county, shall submit a report to the
1080	Department of Community Affairs which identifies:
1081	a.  Identifies All existing or proposed interlocal service-
1082	delivery agreements regarding the following: education; sanitary
1083	sewer; public safety; solid waste; drainage; potable water;
1084	parks and recreation; and transportation facilities.
1085	b.  Identifies Any deficits or duplication in the provision
1086	of services within its jurisdiction, whether capital or
1087	operational. Upon request, the Department of Community Affairs
1088	shall provide technical assistance to the local governments in
1089	identifying deficits or duplication.
1090	6.7.  Within 6 months after submission of the report, the
1091	Department of Community Affairs shall, through the appropriate
1092	regional planning council, coordinate a meeting of all local
1093	governments within the regional planning area to discuss the
1094	reports and potential strategies to remedy any identified
1095	deficiencies or duplications.
1096	7.8.  Each local government shall update its
1097	intergovernmental coordination element based upon the findings
1098	in the report submitted pursuant to subparagraph 5.6. The report
1099	may be used as supporting data and analysis for the
1100	intergovernmental coordination element.
1101	9.  By February 1, 2003, representatives of municipalities,
1102	counties, and special districts shall provide to the Legislature
1103	recommended statutory changes for annexation, including any
1104	changes that address the delivery of local government services
1105	in areas planned for annexation.
1106	(10)  The Legislature recognizes the importance and
1107	significance of chapter 9J-5, Florida Administrative Code, the
1108	Minimum Criteria for Review of Local Government Comprehensive
1109	Plans and Determination of Compliance of the Department of
1110	Community Affairs that will be used to determine compliance of
1111	local comprehensive plans. The Legislature reserved unto itself
1112	the right to review chapter 9J-5, Florida Administrative Code,
1113	and to reject, modify, or take no action relative to this rule.
1114	Therefore, pursuant to subsection (9), the Legislature hereby
1115	has reviewed chapter 9J-5, Florida Administrative Code, and
1116	expresses the following legislative intent:
1117	(k)  So that local governments are able to prepare and
1118	adopt comprehensive plans with knowledge of the rules that will
1119	be applied to determine consistency of the plans with provisions
1120	of this part, it is the intent of the Legislature that there
1121	should be no doubt as to the legal standing of chapter 9J-5,
1122	Florida Administrative Code, at the close of the 1986
1123	legislative session. Therefore, the Legislature declares that
1124	changes made to chapter 9J-5, Florida Administrative Code, prior
1125	to October 1, 1986, shall not be subject to rule challenges
1126	under s. 120.56(2), or to drawout proceedings under s.
1127	120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative
1128	Code, as amended, shall be subject to rule challenges under s.
1129	120.56(3), as nothing herein shall be construed to indicate
1130	approval or disapproval of any portion of chapter 9J-5, Florida
1131	Administrative Code, not specifically addressed herein. No
1132	challenge pursuant to s. 120.56(3) may be filed from July 1,
1133	1987, through April 1, 1993. Any amendments to chapter 9J-5,
1134	Florida Administrative Code, exclusive of the amendments adopted
1135	prior to October 1, 1986, pursuant to this act, shall be subject
1136	to the full chapter 120 process. All amendments shall have
1137	effective dates as provided in chapter 120 and submission to the
1138	President of the Senate and Speaker of the House of
1139	Representatives shall not be required.
1140	Section 19.  Subsection (6) of section 163.3178, Florida
1141	Statutes, is amended to read:
1142	163.3178  Coastal management.--
1143	(6)  Local governments are encouraged to adopt countywide
1144	marina siting plans to designate sites for existing and future
1145	marinas. The Coastal Resources Interagency Management Committee,
1146	at the direction of the Legislature, shall identify incentives
1147	to encourage local governments to adopt such siting plans and
1148	uniform criteria and standards to be used by local governments
1149	to implement state goals, objectives, and policies relating to
1150	marina siting. These criteria must ensure that priority is given
1151	to water-dependent land uses. The Coastal Resources Interagency
1152	Management Committee shall submit its recommendations regarding
1153	local government incentives to the Legislature by December 1,
1154	1993. Countywide marina siting plans must be consistent with
1155	state and regional environmental planning policies and
1156	standards. Each local government in the coastal area which
1157	participates in adoption of a countywide marina siting plan
1158	shall incorporate the plan into the coastal management element
1159	of its local comprehensive plan.
1160	Section 20.  Subsection (12) of section 163.519, Florida
1161	Statutes, is amended to read:
1162	163.519  Duties of Department of Legal Affairs.--The
1163	Department of Legal Affairs shall:
1164	(12)  Submit an annual report to the Governor, the
1165	President of the Senate, the Speaker of the House of
1166	Representatives, and the minority leaders and appropriate
1167	committee chairpersons of each house prior to March 1 of each
1168	year which contains:
1169	(a)  A listing of neighborhood improvement districts
1170	created within the state, and their location.
1171	(b)  A listing of districts which received funds from the
1172	Safe Neighborhoods Program.
1173	(c)  A status report noting each district's progress in
1174	completing and implementing safe neighborhood improvement plans.
1175	Section 21.  Subsection (9) of section 186.007, Florida
1176	Statutes, is amended to read:
1177	186.007  State comprehensive plan; preparation; revision.--
1178	(9)  The Governor shall appoint a committee to review and
1179	make recommendations as to appropriate revisions to the state
1180	comprehensive plan that should be considered for the Governor's
1181	recommendations to the Administration Commission for October 1,
1182	1999, pursuant to s. 186.008(1). The committee must consist of
1183	persons from the public and private sectors representing the
1184	broad range of interests covered by the state comprehensive
1185	plan, including state, regional, and local government
1186	representatives. In reviewing the goals and policies contained
1187	in chapter 187, the committee must identify portions that have
1188	become outdated or have not been implemented, and, based upon
1189	best available data, the state's progress toward achieving the
1190	goals and policies. In reviewing the goals and policies relating
1191	to growth and development, the committee shall consider the
1192	extent to which the plan adequately addresses the guidelines set
1193	forth in s. 186.009, and recommend revisions as appropriate. In
1194	addition, the committee shall consider and make recommendations
1195	on the purpose and function of the state land development plan,
1196	as set forth in s. 380.031(17), including whether said plan
1197	should be retained and, if so, its future application. The
1198	committee may also make recommendations as to data and
1199	information needed in the continuing process to evaluate and
1200	update the state comprehensive plan. All meetings of the
1201	committee must be open to the public for input on the state
1202	planning process and amendments to the state comprehensive plan.
1203	The Executive Office of the Governor is hereby appropriated
1204	$50,000 in nonrecurring general revenue for costs associated
1205	with the committee, including travel and per diem reimbursement
1206	for the committee members.
1207	Section 22.  Subsection (5) of section 189.4035, Florida
1208	Statutes, is amended to read:
1209	189.4035  Preparation of official list of special
1210	districts.--
1211	(5)  The official list of special districts shall be
1212	available on the department's website distributed by the
1213	department on October 1 of each year to the President of the
1214	Senate, the Speaker of the House of Representatives, the Auditor
1215	General, the Department of Revenue, the Department of Financial
1216	Services, the Department of Management Services, the State Board
1217	of Administration, counties, municipalities, county property
1218	appraisers, tax collectors, and supervisors of elections and to
1219	all interested parties who request the list.
1220	Section 23.  Subsection (2) of section 189.412, Florida
1221	Statutes, is amended to read:
1222	189.412  Special District Information Program; duties and
1223	responsibilities.--The Special District Information Program of
1224	the Department of Community Affairs is created and has the
1225	following special duties:
1226	(2)  The maintenance of a master list of independent and
1227	dependent special districts which shall be available on the
1228	department's website annually updated and distributed to the
1229	appropriate officials in state and local governments.
1230	Section 24.  Subsection (2) of section 194.034, Florida
1231	Statutes, is amended to read:
1232	194.034  Hearing procedures; rules.--
1233	(2)  In each case, except when a complaint is withdrawn by
1234	the petitioner or is acknowledged as correct by the property
1235	appraiser, the value adjustment board shall render a written
1236	decision. All such decisions shall be issued within 20 calendar
1237	days of the last day the board is in session under s. 194.032.
1238	The decision of the board shall contain findings of fact and
1239	conclusions of law and shall include reasons for upholding or
1240	overturning the determination of the property appraiser. When a
1241	special magistrate has been appointed, the recommendations of
1242	the special magistrate shall be considered by the board. The
1243	clerk, upon issuance of the decisions, shall, on a form provided
1244	by the Department of Revenue, notify by first-class mail each
1245	taxpayer and, the property appraiser, and the department of the
1246	decision of the board.
1247	Section 25.  Paragraph (b) of subsection (1) of section
1248	206.606, Florida Statutes, is amended to read:
1249	206.606  Distribution of certain proceeds.--
1250	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
1251	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
1252	Fund. Such moneys, after deducting the service charges imposed
1253	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
1254	administrative costs incurred by the department in collecting,
1255	administering, enforcing, and distributing the tax, which
1256	administrative costs may not exceed 2 percent of collections,
1257	shall be distributed monthly to the State Transportation Trust
1258	Fund, except that:
1259	(b)  $2.5 million shall be transferred annually to the
1260	State Game Trust Fund in the Fish and Wildlife Conservation
1261	Commission in each fiscal year and used for recreational boating
1262	activities, and freshwater fisheries management and research.
1263	The transfers must be made in equal monthly amounts beginning on
1264	July 1 of each fiscal year. The commission shall annually
1265	determine where unmet needs exist for boating-related
1266	activities, and may fund such activities in counties where, due
1267	to the number of vessel registrations, sufficient financial
1268	resources are unavailable.
1269	1.  A minimum of $1.25 million shall be used to fund local
1270	projects to provide recreational channel marking, public
1271	launching facilities, aquatic plant control, and other local
1272	boating related activities. In funding the projects, the
1273	commission shall give priority consideration as follows:
1274	a.  Unmet needs in counties with populations of 100,000 or
1275	less.
1276	b.  Unmet needs in coastal counties with a high level of
1277	boating related activities from individuals residing in other
1278	counties.
1279	2.  The remaining $1.25 million may be used for
1280	recreational boating activities and freshwater fisheries
1281	management and research.
1282	3.  The commission is authorized to adopt rules pursuant to
1283	ss. 120.536(1) and 120.54 to implement a Florida Boating
1284	Improvement Program similar to the program administered by the
1285	Department of Environmental Protection and established in rules
1286	62D-5.031 - 62D-5.036, Florida Administrative Code, to determine
1287	projects eligible for funding under this subsection.
1288
1289	On February 1 of each year, The commission shall prepare and
1290	make available on its Internet website file an annual report
1291	with the President of the Senate and the Speaker of the House of
1292	Representatives outlining the status of its Florida Boating
1293	Improvement Program, including the projects funded, and a list
1294	of counties whose needs are unmet due to insufficient financial
1295	resources from vessel registration fees.
1296	Section 26.  Paragraph (b) of subsection (4) of section
1297	212.054, Florida Statutes, is amended to read:
1298	212.054  Discretionary sales surtax; limitations,
1299	administration, and collection.--
1300	(4)
1301	(b)  The proceeds of a discretionary sales surtax collected
1302	by the selling dealer located in a county which imposes the
1303	surtax shall be returned, less the cost of administration, to
1304	the county where the selling dealer is located. The proceeds
1305	shall be transferred to the Discretionary Sales Surtax Clearing
1306	Trust Fund. A separate account shall be established in such
1307	trust fund for each county imposing a discretionary surtax. The
1308	amount deducted for the costs of administration shall not exceed
1309	3 percent of the total revenue generated for all counties
1310	levying a surtax authorized in s. 212.055. The amount deducted
1311	for the costs of administration shall be used only for those
1312	costs which are solely and directly attributable to the surtax.
1313	The total cost of administration shall be prorated among those
1314	counties levying the surtax on the basis of the amount collected
1315	for a particular county to the total amount collected for all
1316	counties. No later than March 1 of each year, the department
1317	shall submit a written report which details the expenses and
1318	amounts deducted for the costs of administration to the
1319	President of the Senate, the Speaker of the House of
1320	Representatives, and the governing authority of each county
1321	levying a surtax. The department shall distribute the moneys in
1322	the trust fund each month to the appropriate counties, unless
1323	otherwise provided in s. 212.055.
1324	Section 27.  Paragraph (j) of subsection (5) of section
1325	212.08, Florida Statutes, is amended to read:
1326	212.08  Sales, rental, use, consumption, distribution, and
1327	storage tax; specified exemptions.--The sale at retail, the
1328	rental, the use, the consumption, the distribution, and the
1329	storage to be used or consumed in this state of the following
1330	are hereby specifically exempt from the tax imposed by this
1331	chapter.
1332	(5)  EXEMPTIONS; ACCOUNT OF USE.--
1333	(j)  Machinery and equipment used in semiconductor,
1334	defense, or space technology production and research and
1335	development.--
1336	1.a.  Industrial machinery and equipment used in
1337	semiconductor technology facilities certified under subparagraph
1338	6. to manufacture, process, compound, or produce semiconductor
1339	technology products for sale or for use by these facilities are
1340	exempt from the tax imposed by this chapter. For purposes of
1341	this paragraph, industrial machinery and equipment includes
1342	molds, dies, machine tooling, other appurtenances or accessories
1343	to machinery and equipment, testing equipment, test beds,
1344	computers, and software, whether purchased or self-fabricated,
1345	and, if self-fabricated, includes materials and labor for
1346	design, fabrication, and assembly.
1347	b.  Industrial machinery and equipment used in defense or
1348	space technology facilities certified under subparagraph 6. to
1349	manufacture, process, compound, or produce defense technology
1350	products or space technology products for sale or for use by
1351	these facilities are exempt from 25 percent of the tax imposed
1352	by this chapter.
1353	2.a.  Machinery and equipment are exempt from the tax
1354	imposed by this chapter if used predominately in semiconductor
1355	wafer research and development activities in a semiconductor
1356	technology research and development facility certified under
1357	subparagraph 6. For purposes of this paragraph, machinery and
1358	equipment includes molds, dies, machine tooling, other
1359	appurtenances or accessories to machinery and equipment, testing
1360	equipment, test beds, computers, and software, whether purchased
1361	or self-fabricated, and, if self-fabricated, includes materials
1362	and labor for design, fabrication, and assembly.
1363	b.  Machinery and equipment are exempt from 25 percent of
1364	the tax imposed by this chapter if used predominately in defense
1365	or space research and development activities in a defense or
1366	space technology research and development facility certified
1367	under subparagraph 6.
1368	3.  Building materials purchased for use in manufacturing
1369	or expanding clean rooms in semiconductor-manufacturing
1370	facilities are exempt from the tax imposed by this chapter.
1371	4.  In addition to meeting the criteria mandated by
1372	subparagraph 1., subparagraph 2., or subparagraph 3., a business
1373	must be certified by the Office of Tourism, Trade, and Economic
1374	Development as authorized in this paragraph in order to qualify
1375	for exemption under this paragraph.
1376	5.  For items purchased tax exempt pursuant to this
1377	paragraph, possession of a written certification from the
1378	purchaser, certifying the purchaser's entitlement to exemption
1379	pursuant to this paragraph, relieves the seller of the
1380	responsibility of collecting the tax on the sale of such items,
1381	and the department shall look solely to the purchaser for
1382	recovery of tax if it determines that the purchaser was not
1383	entitled to the exemption.
1384	6.a.  To be eligible to receive the exemption provided by
1385	subparagraph 1., subparagraph 2., or subparagraph 3., a
1386	qualifying business entity shall apply to Enterprise Florida,
1387	Inc. The application shall be developed by the Office of
1388	Tourism, Trade, and Economic Development in consultation with
1389	Enterprise Florida, Inc.
1390	b.  Enterprise Florida, Inc., shall review each submitted
1391	application and information and determine whether or not the
1392	application is complete within 5 working days. Once an
1393	application is complete, Enterprise Florida, Inc., shall, within
1394	10 working days, evaluate the application and recommend approval
1395	or disapproval of the application to the Office of Tourism,
1396	Trade, and Economic Development.
1397	c.  Upon receipt of the application and recommendation from
1398	Enterprise Florida, Inc., the Office of Tourism, Trade, and
1399	Economic Development shall certify within 5 working days those
1400	applicants who are found to meet the requirements of this
1401	section and notify the applicant, Enterprise Florida, Inc., and
1402	the department of the certification. If the Office of Tourism,
1403	Trade, and Economic Development finds that the applicant does
1404	not meet the requirements of this section, it shall notify the
1405	applicant and Enterprise Florida, Inc., within 10 working days
1406	that the application for certification has been denied and the
1407	reasons for denial. The Office of Tourism, Trade, and Economic
1408	Development has final approval authority for certification under
1409	this section.
1410	7.a.  A business may apply once each year for the
1411	exemption.
1412	a.b.  The application must indicate, for program evaluation
1413	purposes only, the average number of full-time equivalent
1414	employees at the facility over the preceding calendar year, the
1415	average wage and benefits paid to those employees over the
1416	preceding calendar year, the total investment made in real and
1417	tangible personal property over the preceding calendar year, and
1418	the total value of tax-exempt purchases and taxes exempted
1419	during the previous year. The department shall assist the Office
1420	of Tourism, Trade, and Economic Development in evaluating and
1421	verifying information provided in the application for exemption.
1422	b.c.  The Office of Tourism, Trade, and Economic
1423	Development may use the information reported on the application
1424	for evaluation purposes only and shall prepare an annual report
1425	on the exemption program and its cost and impact. The annual
1426	report for the preceding fiscal year shall be submitted to the
1427	Governor, the President of the Senate, and the Speaker of the
1428	House of Representatives by September 30 of each fiscal year.
1429	8.  A business certified to receive this exemption may
1430	elect to designate one or more state universities or community
1431	colleges as recipients of up to 100 percent of the amount of the
1432	exemption for which they may qualify. To receive these funds,
1433	the institution must agree to match the funds so earned with
1434	equivalent cash, programs, services, or other in-kind support on
1435	a one-to-one basis in the pursuit of research and development
1436	projects as requested by the certified business. The rights to
1437	any patents, royalties, or real or intellectual property must be
1438	vested in the business unless otherwise agreed to by the
1439	business and the university or community college.
1440	9.  As used in this paragraph, the term:
1441	a.  "Predominately" means at least 50 percent of the time
1442	in qualifying research and development.
1443	b.  "Research and development" means basic and applied
1444	research in the science or engineering, as well as the design,
1445	development, and testing of prototypes or processes of new or
1446	improved products. Research and development does not include
1447	market research, routine consumer product testing, sales
1448	research, research in the social sciences or psychology,
1449	nontechnological activities, or technical services.
1450	c.  "Semiconductor technology products" means raw
1451	semiconductor wafers or semiconductor thin films that are
1452	transformed into semiconductor memory or logic wafers, including
1453	wafers containing mixed memory and logic circuits; related
1454	assembly and test operations; active-matrix flat panel displays;
1455	semiconductor chips; semiconductor lasers; optoelectronic
1456	elements; and related semiconductor technology products as
1457	determined by the Office of Tourism, Trade, and Economic
1458	Development.
1459	d.  "Clean rooms" means manufacturing facilities enclosed
1460	in a manner that meets the clean manufacturing requirements
1461	necessary for high-technology semiconductor-manufacturing
1462	environments.
1463	e.  "Defense technology products" means products that have
1464	a military application, including, but not limited to, weapons,
1465	weapons systems, guidance systems, surveillance systems,
1466	communications or information systems, munitions, aircraft,
1467	vessels, or boats, or components thereof, which are intended for
1468	military use and manufactured in performance of a contract with
1469	the United States Department of Defense or the military branch
1470	of a recognized foreign government or a subcontract thereunder
1471	which relates to matters of national defense.
1472	f.  "Space technology products" means products that are
1473	specifically designed or manufactured for application in space
1474	activities, including, but not limited to, space launch
1475	vehicles, missiles, satellites or research payloads, avionics,
1476	and associated control systems and processing systems. The term
1477	does not include products that are designed or manufactured for
1478	general commercial aviation or other uses even though those
1479	products may also serve an incidental use in space applications.
1480	Section 28.  Section 213.0452, Florida Statutes, is
1481	repealed.
1482	Section 29.  Section 213.054, Florida Statutes, is
1483	repealed.
1484	Section 30.  Paragraph (f) of subsection (5) of section
1485	215.5601, Florida Statutes, is amended to read:
1486	215.5601  Lawton Chiles Endowment Fund.--
1487	(5)  AVAILABILITY OF FUNDS; USES.--
1488	(f)  When advised by the Revenue Estimating Conference that
1489	a deficit will occur with respect to the appropriations from the
1490	tobacco settlement trust funds of the state agencies in any
1491	fiscal year, the Governor shall develop a plan of action to
1492	eliminate the deficit. Before implementing the plan of action,
1493	the Governor must comply with s. 216.177(2). In developing the
1494	plan of action, the Governor shall, to the extent possible,
1495	preserve legislative policy and intent, and, absent any specific
1496	directions to the contrary in the General Appropriations Act,
1497	any reductions in appropriations from the tobacco settlement
1498	trust funds of the state agencies for a fiscal year shall be
1499	prorated among the specific appropriations made from all tobacco
1500	settlement trust funds of the state agencies for that year.
1501	Section 31.  Subsection (3) of section 215.70, Florida
1502	Statutes, is amended to read:
1503	215.70  State Board of Administration to act in case of
1504	defaults.--
1505	(3)  It shall be the duty of the State Board of
1506	Administration to monitor the debt service accounts for bonds
1507	issued pursuant to this act. The board shall advise the Governor
1508	and Legislature of any projected need to appropriate funds to
1509	honor the pledge of full faith and credit of the state. The
1510	report shall include the estimated amount of appropriations
1511	needed, the estimated maximum amount of appropriations needed,
1512	and a contingency appropriation request for each bond issue.
1513	Section 32.  Subsection (1) of section 253.7825, Florida
1514	Statutes, is amended to read:
1515	253.7825  Recreational uses.--
1516	(1)  The Cross Florida Greenways State Recreation and
1517	Conservation Area must be managed as a multiple-use area
1518	pursuant to s. 253.034(2)(a), and as further provided herein.
1519	The University of Florida Management Plan provides a conceptual
1520	recreational plan that may ultimately be developed at various
1521	locations throughout the greenways corridor. The plan proposes
1522	to locate a number of the larger, more comprehensive and complex
1523	recreational facilities in sensitive, natural resource areas.
1524	Future site-specific studies and investigations must be
1525	conducted by the department to determine compatibility with, and
1526	potential for adverse impact to, existing natural resources,
1527	need for the facility, the availability of other alternative
1528	locations with reduced adverse impacts to existing natural
1529	resources, and the proper specific sites and locations for the
1530	more comprehensive and complex facilities. Furthermore, it is
1531	appropriate, with the approval of the department, to allow more
1532	fishing docks, boat launches, and other user-oriented facilities
1533	to be developed and maintained by local governments.
1534	Section 33.  Section 253.7826, Florida Statutes, is
1535	repealed.
1536	Section 34.  Section 253.7829, Florida Statutes, is
1537	repealed.
1538	Section 35.  Section 265.56, Florida Statutes, is repealed.
1539	Section 36.  Subsection (4) of section 267.074, Florida
1540	Statutes, is amended to read:
1541	267.074  State Historical Marker Program.--The division
1542	shall coordinate and direct the State Historical Marker Program,
1543	which shall be a program of popular history and heritage
1544	designed to inform the general public about persons, events,
1545	structures, and other topics relating to the history and culture
1546	of the state; encourage interest in preserving the historical
1547	resources of the state and its localities; promote a sense of
1548	community and place among Florida citizens; and provide for the
1549	enjoyment and edification of tourists.
1550	(4)  The division shall develop a comprehensive plan for
1551	the State Historical Marker Program which shall be kept up to
1552	date and shall incorporate goals and objectives of the program,
1553	as well as policies, plans, and procedures relating to:
1554	(a)  Categories of Official Florida Historical Markers,
1555	criteria for their use, and specifications for design.
1556	(b)  Selection of subjects to be marked.
1557	(c)  Published guides to Official Florida Historical
1558	Markers, including methods for public distribution.
1559	(d)  Maintenance of markers.
1560	(e)  Removal or replacement of markers.
1561	(f)  Placement of markers at historic sites which shall be,
1562	in general, conspicuous and accessible to and easily reached by
1563	the public and where something associated with the person,
1564	historic property, event, or other subject being marked is still
1565	visible.
1566	(g)  Physical placement of the markers which shall be, in
1567	general, conspicuous and easily reached by the public.
1568	Section 37.  Subsection (28) of section 282.102, Florida
1569	Statutes, is amended to read:
1570	282.102  Creation of the State Technology Office; powers
1571	and duties.--There is created a State Technology Office within
1572	the Department of Management Services. The office shall be a
1573	separate budget entity, and shall be headed by a Chief
1574	Information Officer who is appointed by the Governor and is in
1575	the Senior Management Service. The Chief Information Officer
1576	shall be an agency head for all purposes. The Department of
1577	Management Services shall provide administrative support and
1578	service to the office to the extent requested by the Chief
1579	Information Officer. The office may adopt policies and
1580	procedures regarding personnel, procurement, and transactions
1581	for State Technology Office personnel. The office shall have the
1582	following powers, duties, and functions:
1583	(28)  To study and make a recommendation to the Governor
1584	and Legislature on the feasibility of implementing online voting
1585	in this state.
1586	Section 38.  Subsection (3) of section 284.50, Florida
1587	Statutes, is amended to read:
1588	284.50  Loss prevention program; safety coordinators;
1589	Interagency Advisory Council on Loss Prevention; employee
1590	recognition program.--
1591	(3)  The council and each department head shall report
1592	annually to the Governor by January 15 preceding any regular
1593	legislative session any actions taken to prevent job-related
1594	employee accidents, together with suggestions of safeguards and
1595	improvements.
1596	Section 39.  Subsection (11) of section 287.045, Florida
1597	Statutes, is amended to read:
1598	287.045  Procurement of products and materials with
1599	recycled content.--
1600	(11)  Each agency shall report annually to the department
1601	its total expenditures on, and use of, products with recycled
1602	content and the percentage of its budget that represents
1603	purchases of similar products made from virgin materials. The
1604	department shall design a uniform reporting mechanism and
1605	prepare annual summaries of statewide purchases delineating
1606	those with recycled content to be submitted to the Governor, the
1607	President of the Senate, and the Speaker of the House of
1608	Representatives.
1609	Section 40.  Subsection (10) of section 287.16, Florida
1610	Statutes, is amended to read:
1611	287.16  Powers and duties of department.--The Department of
1612	Management Services shall have the following powers, duties, and
1613	responsibilities:
1614	(10)  To provide the Legislature annual reports at the end
1615	of each calendar year concerning the utilization of all aircraft
1616	in the executive pool.
1617	Section 41.  Subsection (7) of section 288.108, Florida
1618	Statutes, is amended to read:
1619	288.108  High-impact business.--
1620	(7)  REPORTING.--The office shall by December 1 of each
1621	year issue a complete and detailed report of all designated
1622	high-impact sectors, all applications received and their
1623	disposition, all final orders issued, and all payments made,
1624	including analyses of benefits and costs, types of projects
1625	supported, and employment and investments created. The report
1626	shall be submitted to the Governor, the President of the Senate,
1627	and the Speaker of the House of Representatives.
1628	Section 42.  Subsection (6) of section 288.1226, Florida
1629	Statutes, is amended to read:
1630	288.1226  Florida Tourism Industry Marketing Corporation;
1631	use of property; board of directors; duties; audit.--
1632	(6)  ANNUAL AUDIT.--The corporation shall provide for an
1633	annual financial audit in accordance with s. 215.981. The annual
1634	audit report shall be submitted to the Auditor General; the
1635	Office of Policy Analysis and Government Accountability; and the
1636	Office of Tourism, Trade, and Economic Development for review.
1637	The Office of Program Policy Analysis and Government
1638	Accountability; the Office of Tourism, Trade, and Economic
1639	Development; and the Auditor General have the authority to
1640	require and receive from the corporation or from its independent
1641	auditor any detail or supplemental data relative to the
1642	operation of the corporation. The Office of Tourism, Trade, and
1643	Economic Development shall annually certify whether the
1644	corporation is operating in a manner and achieving the
1645	objectives that are consistent with the policies and goals of
1646	the commission and its long-range marketing plan. The identity
1647	of a donor or prospective donor to the corporation who desires
1648	to remain anonymous and all information identifying such donor
1649	or prospective donor are confidential and exempt from the
1650	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1651	Constitution. Such anonymity shall be maintained in the
1652	auditor's report.
1653	Section 43.  Paragraph (e) of subsection (8) of section
1654	288.1229, Florida Statutes, is amended to read:
1655	288.1229  Promotion and development of sports-related
1656	industries and amateur athletics; direct-support organization;
1657	powers and duties.--
1658	(8)  To promote amateur sports and physical fitness, the
1659	direct-support organization shall:
1660	(e)  Promote Florida as a host for national and
1661	international amateur athletic competitions. As part of this
1662	effort, the direct-support organization shall:
1663	1.  Assist and support Florida cities or communities
1664	bidding or seeking to host the Summer Olympics or Pan American
1665	Games.
1666	2.  Annually report to the Governor, the President of the
1667	Senate, and the Speaker of the House of Representatives on the
1668	status of the efforts of cities or communities bidding to host
1669	the Summer Olympics or Pan American Games, including, but not
1670	limited to, current financial and infrastructure status,
1671	projected financial and infrastructure needs, and
1672	recommendations for satisfying the unmet needs and fulfilling
1673	the requirements for a successful bid in any year that the
1674	Summer Olympics or Pan American Games are held in this state.
1675	Section 44.  Subsection (4) of section 288.7015, Florida
1676	Statutes, is amended to read:
1677	288.7015  Appointment of rules ombudsman; duties.--The
1678	Governor shall appoint a rules ombudsman, as defined in s.
1679	288.703, in the Executive Office of the Governor, for
1680	considering the impact of agency rules on the state's citizens
1681	and businesses. In carrying out duties as provided by law, the
1682	ombudsman shall consult with Enterprise Florida, Inc., at which
1683	point the office may recommend to improve the regulatory
1684	environment of this state. The duties of the rules ombudsman are
1685	to:
1686	(4)(a)  By December 1, 1997, and annually thereafter,
1687	submit a report to the Legislature identifying and describing
1688	the extent to which rules of state agencies adversely impact
1689	trade promotion, economic growth and diversification in Florida,
1690	business profitability and viability, and, in particular, the
1691	startup of new businesses. The report must specifically identify
1692	and describe those agency rules repealed or modified during each
1693	calendar year in order to improve the regulatory climate for
1694	businesses operating in this state. The report must also
1695	identify those proposed rules for review and possible repeal or
1696	modification in the next calendar year.
1697	(b)  The report must also specifically identify and
1698	describe the use and impact of state economic development
1699	incentives on minority-owned businesses. The report must detail
1700	how many minority-owned businesses received state economic
1701	development incentives administered by the Office of Tourism,
1702	Trade, and Economic Development, including private activity
1703	bonds, and the JOBs benefit.
1704	Section 45.  Subsection (5) of section 288.853, Florida
1705	Statutes, is amended to read:
1706	288.853  International sanctions against Castro
1707	government.--
1708	(5)  Furthermore, contingent upon annual appropriation, to
1709	the extent covered by the report submitted by the President
1710	according to s. 108 of the Cuban Liberty and Democratic
1711	Solidarity Act of 1996, and until such time as the President
1712	submits a determination under s. 203(c)(1) of the Cuban Liberty
1713	and Democratic Solidarity Act of 1996, the Governor shall submit
1714	an annual report to the President of the Senate and the Speaker
1715	of the House of Representatives on assistance to and commerce
1716	with Cuba by citizens and legal residents of Florida. Each
1717	report shall contain:
1718	(a)  Identification of Cuba's trading partners and the
1719	extent of such trade.
1720	(b)  A description of joint ventures completed or under
1721	consideration by foreign nationals and business firms located in
1722	or doing business in Florida involving facilities in Cuba.
1723	(c)  A determination as to whether any facilities are
1724	claimed by a citizen of Florida.
1725	(d)  Steps taken to assure that raw materials and
1726	semifinished or finished goods produced by facilities in Cuba
1727	involving Cuban and/or foreign nationals or businesses are not
1728	entering the Florida market.
1729	Section 46.  Subsection (5) of section 288.95155, Florida
1730	Statutes, is amended to read:
1731	288.95155  Florida Small Business Technology Growth
1732	Program.--
1733	(5)  By January 1 of each year, Enterprise Florida, Inc.,
1734	shall prepare and include a report on the financial status of
1735	the program in its annual report required under s. 288.095 and
1736	the account and shall submit a copy of the report to the board
1737	of directors of Enterprise Florida, Inc., the appropriate
1738	legislative committees responsible for economic development
1739	oversight, and the appropriate legislative appropriations
1740	subcommittees. The report shall specify the assets and
1741	liabilities of the account within the current fiscal year and
1742	shall include a portfolio update that lists all of the
1743	businesses assisted, the private dollars leveraged by each
1744	business assisted, and the growth in sales and in employment of
1745	each business assisted.
1746	Section 47.  Paragraph (c) of subsection (4) of section
1747	288.9604, Florida Statutes, is amended to read:
1748	288.9604  Creation of the authority.--
1749	(4)
1750	(c)  The directors of the corporation shall annually elect
1751	one of their members as chair and one as vice chair. The
1752	corporation may employ a president, technical experts, and such
1753	other agents and employees, permanent and temporary, as it
1754	requires and determine their qualifications, duties, and
1755	compensation. For such legal services as it requires, the
1756	corporation may employ or retain its own counsel and legal
1757	staff. The corporation shall file with the governing body of
1758	each public agency with which it has entered into an interlocal
1759	agreement and with the Governor, the Speaker of the House of
1760	Representatives, the President of the Senate, the Minority
1761	Leaders of the Senate and House of Representatives, and the
1762	Auditor General, on or before 90 days after the close of the
1763	fiscal year of the corporation, a report of its activities for
1764	the preceding fiscal year, which report shall include a complete
1765	financial statement setting forth its assets, liabilities,
1766	income, and operating expenses as of the end of such fiscal
1767	year.
1768	Section 48.  Section 288.9610, Florida Statutes, is amended
1769	to read:
1770	288.9610  Annual reports of Florida Development Finance
1771	Corporation.--On or before 90 days after the close of By
1772	December 1 of each year, the Florida Development Finance
1773	Corporation's fiscal year, the corporation shall submit to the
1774	Governor, the President of the Senate, the Speaker of the House
1775	of Representatives, the Senate Minority Leader, the House
1776	Minority Leader, the Auditor General, and the governing body of
1777	each public entity with which it has entered into an interlocal
1778	agreement city or county activating the Florida Development
1779	Finance Corporation a complete and detailed report setting
1780	forth:
1781	(1)  The results of any audit conducted pursuant to s.
1782	11.45 The evaluation required in s. 11.45(3)(j).
1783	(2)  The activities, operations, and accomplishments of the
1784	Florida Development Finance Corporation, including the number of
1785	businesses assisted by the corporation.
1786	(3)  Its assets, and liabilities, income, and operating
1787	expenses at the end of its most recent fiscal year, including a
1788	description of all of its outstanding revenue bonds.
1789	Section 49.  Subsection (3) of section 292.04, Florida
1790	Statutes, is amended to read:
1791	292.04  Florida Commission on Veterans' Affairs.--
1792	(3)(a)  It is the duty of the commission to conduct a
1793	biennial survey of possible contributions that veterans or state
1794	organizations of veterans and their auxiliaries could make to
1795	the state and to report the results of the survey to the
1796	department together with recommendations for encouraging such
1797	contributions.
1798	(b)  The commission shall work with the various veterans'
1799	organizations and their auxiliaries within the state and shall
1800	function as a liaison between such organizations and the
1801	department on matters pertaining to veterans.
1802	Section 50.  Subsection (6) of section 292.05, Florida
1803	Statutes, is amended to read:
1804	292.05  Duties of Department of Veterans' Affairs.--
1805	(6)  The department shall, by on December 31 of each year,
1806	submit make an annual written report to the Governor, the
1807	Cabinet, of the state, the Speaker of the House of
1808	Representatives, and the President of the Senate that shall
1809	describe:, which report shall show
1810	(a)  The expenses incurred in veteran service work in the
1811	state; the number, nature, and kind of cases handled by the
1812	department and by county and city veteran service officers of
1813	the state; the amounts of benefits obtained for veterans; the
1814	names and addresses of all certified veteran service officers,
1815	including county and city veteran service officers. The report
1816	shall also describe the actions taken by the department in
1817	implementing subsections (4), (5), and (7) and shall contain
1818	such other information and recommendations as may appear to the
1819	department to be right and proper.
1820	(b)  The current status of the department's domiciliary and
1821	nursing homes established pursuant to chapter 296, including all
1822	receipts and expenditures, the condition of the homes, the
1823	number of residents received and discharged during the preceding
1824	year, occupancy rates, staffing, and any other information
1825	necessary to providing an understanding of the management,
1826	conduct, and operation of the homes.
1827	Section 51.  Section 296.16, Florida Statutes, is repealed.
1828	Section 52.  Section 296.39, Florida Statutes, is repealed.
1829	Section 53.  Paragraph (c) of subsection (12) of section
1830	315.03, Florida Statutes, is amended to read:
1831	315.03  Grant of powers.--Each unit is hereby authorized
1832	and empowered:
1833	(12)
1834	(c)  The Legislature shall review the loan program
1835	established pursuant to this subsection during the 2004 Regular
1836	Session of the Legislature.
1837	Section 54.  Subsection (2) of section 319.324, Florida
1838	Statutes, is amended to read:
1839	319.324  Odometer fraud prevention and detection;
1840	funding.--
1841	(2)  Moneys deposited into the Highway Safety Operating
1842	Trust Fund under this section shall be used to implement and
1843	maintain efforts by the department to prevent and detect
1844	odometer fraud, including the prompt investigation of alleged
1845	instances of odometer mileage discrepancies reported by licensed
1846	motor vehicle dealers, auctions, or purchasers of motor
1847	vehicles. Such moneys shall also be used to fund an annual
1848	report to the Legislature by the Department of Highway Safety
1849	and Motor Vehicles, summarizing the department's investigations
1850	and findings. In addition, moneys deposited into the fund may be
1851	used by the department for general operations.
1852	Section 55.  Section 322.181, Florida Statutes, is amended
1853	to read:
1854	322.181  Advisory council on the Study of effects of aging
1855	on driving ability; advisory council.--
1856	(1)  The Department of Highway Safety and Motor Vehicles
1857	shall study the effects of aging on driving ability. The purpose
1858	of the study is to develop a comprehensive approach to licensing
1859	drivers.
1860	(2)  Issues to be studied by the department shall include
1861	the:
1862	(a)  Effective and efficient identification of drivers at
1863	risk of being involved in a motor vehicle accident because of
1864	functional limitations that affect their driving ability;
1865	(b)  Prevalence and effect of degenerative processes
1866	affecting vision, hearing, mobility, cognitive functions, and
1867	reaction time;
1868	(c)  Implementation and effect of the department's vision
1869	screening requirements and examination of new technologies;
1870	(d)  Availability and effectiveness of remedial measures
1871	such as skills training, adaptive equipment, physical therapy,
1872	and adjustment of driving practices that will allow people to
1873	drive safely for as long as possible;
1874	(e)  Availability of alternative forms of transportation
1875	for people who can no longer safely drive; and
1876	(f)  Effectiveness of existing public education initiatives
1877	relating to at-risk drivers.
1878	(3)  The department shall report the results of the study
1879	to the President of the Senate and the Speaker of the House of
1880	Representatives by February 1, 2004. The report shall include
1881	findings of the study and recommendations for improving the
1882	safety of at-risk drivers.
1883	(4)  The department shall appoint an advisory council to
1884	participate in the study and to advise the department on issues
1885	related to older at-risk drivers on an ongoing basis. The
1886	council shall be known as the Florida At-Risk Driver Council.
1887	Members of the council shall include representatives of
1888	organizations involved with issues facing older drivers
1889	including state agencies, medical professionals, senior citizen
1890	advocacy groups, providers of services to senior citizens, and
1891	research entities.
1892	Section 56.  Paragraph (c) of subsection (7) of section
1893	322.251, Florida Statutes, is amended to read:
1894	322.251  Notice of cancellation, suspension, revocation, or
1895	disqualification of license.--
1896	(7)
1897	(c)  The Department of Highway Safety and Motor Vehicles
1898	and the Department of Law Enforcement shall develop and
1899	implement a plan to ensure the identification of any person who
1900	is the subject of an outstanding warrant or capias for passing
1901	worthless bank checks and to ensure the identification of the
1902	person's driver's license record.
1903	Section 57.  Subsections (4) and (11) of section 365.171,
1904	Florida Statutes, are amended to read:
1905	365.171  Emergency telephone number "911."--
1906	(4)  STATE PLAN.--The office shall develop a statewide
1907	emergency telephone number "911" system plan. The plan shall
1908	provide for:
1909	(a)  The establishment of the public agency emergency
1910	telephone communications requirements for each entity of local
1911	government in the state.
1912	(b)  A system to meet specific local government
1913	requirements. Such system shall include law enforcement,
1914	firefighting, and emergency medical services and may include
1915	other emergency services such as poison control, suicide
1916	prevention, and emergency management services.
1917	(c)  Identification of the mutual aid agreements necessary
1918	to obtain an effective "911" system.
1919	(d)  A funding provision which shall identify the cost
1920	necessary to implement the "911" system.
1921	(e)  A firm implementation schedule which shall include the
1922	installation of the "911" system in a local community within 24
1923	months after the designated agency of the local government gives
1924	a firm order to the telephone utility for a "911" system.
1925
1926	The office shall be responsible for the implementation and
1927	coordination of the such plan and. The office shall adopt any
1928	necessary rules and schedules related to public agencies for the
1929	purpose of implementing and coordinating the such plan, pursuant
1930	to chapter 120. The public agency designated in the plan shall
1931	order such system within 6 months after publication date of the
1932	plan if the public agency is in receipt of funds appropriated by
1933	the Legislature for the implementation and maintenance of the
1934	"911" system. Any jurisdiction which has utilized local funding
1935	as of July 1, 1976, to begin the implementation of the state
1936	plan as set forth in this section shall be eligible for at least
1937	a partial reimbursement of its direct cost when, and if, state
1938	funds are available for such reimbursement.
1939	(11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
1940	telephone number established by any local government or state
1941	agency prior to July 1, 1974, using a number other than "911"
1942	shall be changed to "911" on the same implementation schedule
1943	provided in paragraph (4)(e).
1944	Section 58.  Paragraph (d) of subsection (6) of section
1945	365.172, Florida Statutes, is amended to read:
1946	365.172  Wireless emergency telephone number "E911."--
1947	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1948	(d)  By February 28, 2001, the board shall undertake and
1949	complete a study for submission by the office to the Governor,
1950	the President of the Senate, and the Speaker of the House of
1951	Representatives which addresses:
1952	1.  The total amount of E911 fee revenues collected by each
1953	provider, the total amount of expenses incurred by each provider
1954	to comply with the order, and the amount of moneys on deposit in
1955	the fund, all as of December 1, 2000.
1956	2.  Whether the amount of the E911 fee and the allocation
1957	percentages set forth in s. 365.173 should be adjusted to comply
1958	with the requirements of the order, and, if so, a recommended
1959	adjustment to the E911 fee.
1960	3.  Any other issues related to providing wireless E911
1961	services.
1962	Section 59.  Paragraph (a) of subsection (2) of section
1963	365.173, Florida Statutes, is amended to read:
1964	365.173  Wireless Emergency Telephone System Fund.--
1965	(2)  Subject to any modifications approved by the board
1966	pursuant to s. 365.172(8)(c), the moneys in the fund shall be
1967	distributed and used only as follows:
1968	(a)  Forty-four percent of the moneys shall be distributed
1969	each month to counties, based on the total number of wireless
1970	subscriber billing addresses in each county, for payment of:
1971	1.  Recurring costs of providing 911 or E911 service, as
1972	provided by s. 365.171(12)(13)(a)6.
1973	2.  Costs to comply with the requirements for E911 service
1974	contained in the order and any future rules related to the
1975	order.
1976
1977	A county may carry forward, for up to 3 successive calendar
1978	years, up to 30 percent of the total funds disbursed to the
1979	county by the board during a calendar year for expenditures for
1980	capital outlay, capital improvements, or equipment replacement,
1981	if such expenditures are made for the purposes specified in this
1982	paragraph.
1983
1984	The Legislature recognizes that the wireless E911 fee authorized
1985	under s. 365.172 will not necessarily provide the total funding
1986	required for establishing or providing the 911 service. It is
1987	the intent of the Legislature that all revenue from the fee be
1988	used as specified in s. 365.171(13)(a)6.
1989	Section 60.  Subsection (4) of section 366.82, Florida
1990	Statutes, is amended to read:
1991	366.82  Definition; goals; plans; programs; annual reports;
1992	energy audits.--
1993	(4)  The commission shall require periodic reports from
1994	each utility and shall provide the Legislature and the Governor
1995	with an annual report by March 1 of the goals it has adopted and
1996	its progress toward meeting those goals. The commission shall
1997	also consider the performance of each utility pursuant to ss.
1998	366.80-366.85 and 403.519 when establishing rates for those
1999	utilities over which the commission has ratesetting authority.
2000	Section 61.  Subsections (5) and (7) of section 369.22,
2001	Florida Statutes, are amended to read:
2002	369.22  Nonindigenous aquatic plant control.--
2003	(5)  When state funds are involved, or when waters of state
2004	responsibility are involved, it is the duty of the department to
2005	guide, review, approve, and coordinate the activities of all
2006	public bodies, authorities, state agencies, units of local or
2007	county government, commissions, districts, and special districts
2008	engaged in operations to maintain, control, or eradicate
2009	nonindigenous aquatic plants, except for activities involving
2010	biological control programs using fish as the control agent. The
2011	department may delegate all or part of such functions to any
2012	appropriate state agency, special district, unit of local or
2013	county government, commission, authority, or other public body.
2014	However, special attention shall be given to the keeping of
2015	accounting and cost data in order to prepare the annual fiscal
2016	report required in subsection (7).
2017	(7)  The department shall prepare submit an annual report
2018	on the status of the nonindigenous aquatic plant maintenance
2019	program that shall be published on the department's Internet
2020	website to the President of the Senate, the Speaker of the House
2021	of Representatives, and the Governor and Cabinet by January 1 of
2022	the following year. This report shall include a statement of the
2023	degree of maintenance control achieved by individual
2024	nonindigenous aquatic plant species in the intercounty waters of
2025	each of the water management districts for the preceding county
2026	fiscal year, together with an analysis of the costs of achieving
2027	this degree of control. This cost accounting shall include the
2028	expenditures by all governmental agencies in the waters of state
2029	responsibility. If the level of maintenance control achieved
2030	falls short of that which is deemed adequate by the department,
2031	then the report shall include an estimate of the additional
2032	funding that would have been required to achieve this level of
2033	maintenance control. All measures of maintenance program
2034	achievement and the related cost shall be presented by water
2035	management districts so that comparisons may be made among the
2036	water management districts, as well as with the state as a
2037	whole.
2038	Section 62.  Subsection (8) of section 370.26, Florida
2039	Statutes, is amended to read:
2040	370.26  Aquaculture definitions; marine aquaculture
2041	products, producers, and facilities.--
2042	(8)  The Fish and Wildlife Conservation Commission shall
2043	provide assistance to the Department of Agriculture and Consumer
2044	Services in the development of an aquaculture plan for the
2045	state.
2046	Section 63.  Subsection (2) of section 372.5712, Florida
2047	Statutes, is amended to read:
2048	372.5712  Florida waterfowl permit revenues.--
2049	(2)  The intent of this section is to expand waterfowl
2050	research and management and increase waterfowl populations in
2051	the state without detracting from other programs. The commission
2052	shall prepare and make available on its Internet website an
2053	annual report documenting the use of funds generated under the
2054	provisions of this section, to be submitted to the Governor, the
2055	Speaker of the House of Representatives, and the President of
2056	the Senate on or before September 1 of each year.
2057	Section 64.  Subsection (2) of section 372.5715, Florida
2058	Statutes, is amended to read:
2059	372.5715  Florida wild turkey permit revenues.--
2060	(2)  The intent of this section is to expand wild turkey
2061	research and management and to increase wild turkey populations
2062	in the state without detracting from other programs. The
2063	commission shall prepare and make available on its Internet
2064	website an annual report documenting the use of funds generated
2065	under the provisions of this section, to be submitted to the
2066	Governor, the Speaker of the House of Representatives, and the
2067	President of the Senate on or before September 1 of each year.
2068	Section 65.  Section 372.673, Florida Statutes, is
2069	repealed.
2070	Section 66.  Section 372.674, Florida Statutes, is
2071	repealed.
2072	Section 67.  Paragraph (d) of subsection (2) of section
2073	372.672, Florida Statutes, is amended to read:
2074	372.672  Florida Panther Research and Management Trust
2075	Fund.--
2076	(2)  Money from the fund shall be spent only for the
2077	following purposes:
2078	(d)  To fund and administer education programs authorized
2079	in s. 372.674.
2080	Section 68.  Subsection (2) of section 373.0391, Florida
2081	Statutes, is amended to read:
2082	373.0391  Technical Assistance to local governments.--
2083	(2)  By July 1, 1991, Each water management district shall
2084	prepare and provide information and data to assist local
2085	governments in the preparation and implementation of their local
2086	government comprehensive plans or public facilities report as
2087	required by s. 189.415, whichever is applicable. Such
2088	information and data shall include, but not be limited to:
2089	(a)  All information and data required in a public
2090	facilities report pursuant to s. 189.415.
2091	(b)  A description of regulations, programs, and schedules
2092	implemented by the district.
2093	(c)  Identification of regulations, programs, and schedules
2094	undertaken or proposed by the district to further the State
2095	Comprehensive Plan.
2096	(d)  A description of surface water basins, including
2097	regulatory jurisdictions, flood-prone areas, existing and
2098	projected water quality in water management district operated
2099	facilities, as well as surface water runoff characteristics and
2100	topography regarding flood plains, wetlands, and recharge areas.
2101	(e)  A description of groundwater characteristics,
2102	including existing and planned wellfield sites, existing and
2103	anticipated cones of influence, highly productive groundwater
2104	areas, aquifer recharge areas, deep well injection zones,
2105	contaminated areas, an assessment of regional water resource
2106	needs and sources for the next 20 years, and water quality.
2107	(f)  The identification of existing and potential water
2108	management district land acquisitions.
2109	(g)  Information reflecting the minimum flows for surface
2110	watercourses to avoid harm to water resources or the ecosystem
2111	and information reflecting the minimum water levels for aquifers
2112	to avoid harm to water resources or the ecosystem.
2113	Section 69.  Subsection (4) of section 373.046, Florida
2114	Statutes, is amended to read:
2115	373.046  Interagency agreements.--
2116	(4)  The Legislature recognizes and affirms the division of
2117	responsibilities between the department and the water management
2118	districts as set forth in ss. III. and X. of each of the
2119	operating agreements codified as rules 17-101.040(12)(a)3., 4.,
2120	and 5., Florida Administrative Code. Section IV.A.2.a. of each
2121	operating agreement regarding individual permit oversight is
2122	rescinded. The department shall be responsible for permitting
2123	those activities under part IV of this chapter which, because of
2124	their complexity and magnitude, need to be economically and
2125	efficiently evaluated at the state level, including, but not
2126	limited to, mining, hazardous waste management facilities and
2127	solid waste management facilities that do not qualify for a
2128	general permit under chapter 403. With regard to
2129	postcertification information submittals for activities
2130	authorized under chapters 341 and 403 siting act certifications,
2131	the department, after consultation with the appropriate water
2132	management district and other agencies having applicable
2133	regulatory jurisdiction, shall be responsible for determining
2134	the permittee's compliance with conditions of certification
2135	which were based upon the nonprocedural requirements of part IV
2136	of this chapter. The Legislature authorizes the water management
2137	districts and the department to modify the division of
2138	responsibilities referenced in this section and enter into
2139	further interagency agreements by rulemaking, including
2140	incorporation by reference, pursuant to chapter 120, to provide
2141	for greater efficiency and to avoid duplication in the
2142	administration of part IV of this chapter by designating certain
2143	activities which will be regulated by either the water
2144	management districts or the department. In developing such
2145	interagency agreements, the water management districts and the
2146	department should take into consideration the technical and
2147	fiscal ability of each water management district to implement
2148	all or some of the provisions of part IV of this chapter.
2149	Nothing herein rescinds or restricts the authority of the
2150	districts to regulate silviculture and agriculture pursuant to
2151	part IV of this chapter or s. 403.927. By December 10, 1993, the
2152	secretary of the department shall submit a report to the
2153	President of the Senate and the Speaker of the House of
2154	Representatives regarding the efficiency of the procedures and
2155	the division of responsibilities contemplated by this subsection
2156	and regarding progress toward the execution of further
2157	interagency agreements and the integration of permitting with
2158	sovereignty lands approval. The report also will consider the
2159	feasibility of improving the protection of the environment
2160	through comprehensive criteria for protection of natural
2161	systems.
2162	Section 70.  Paragraph (f) of subsection (1) of section
2163	373.1963, Florida Statutes, is amended to read:
2164	373.1963  Assistance to West Coast Regional Water Supply
2165	Authority.--
2166	(1)  It is the intent of the Legislature to authorize the
2167	implementation of changes in governance recommended by the West
2168	Coast Regional Water Supply Authority in its reports to the
2169	Legislature dated February 1, 1997, and January 5, 1998. The
2170	authority and its member governments may reconstitute the
2171	authority's governance and rename the authority under a
2172	voluntary interlocal agreement with a term of not less than 20
2173	years. The interlocal agreement must comply with this subsection
2174	as follows:
2175	(f)  Upon execution of the voluntary interlocal agreement
2176	provided for herein, the authority shall jointly develop with
2177	the Southwest Florida Water Management District alternative
2178	sources of potable water and transmission pipelines to
2179	interconnect regionally significant water supply sources and
2180	facilities of the authority in amounts sufficient to meet the
2181	needs of all member governments for a period of at least 20
2182	years and for natural systems. Nothing herein, however, shall
2183	preclude the authority and its member governments from
2184	developing traditional water sources pursuant to the voluntary
2185	interlocal agreement. Development and construction costs for
2186	alternative source facilities, which may include a desalination
2187	facility and significant regional interconnects, must be borne
2188	as mutually agreed to by both the authority and the Southwest
2189	Florida Water Management District. Nothing herein shall preclude
2190	authority or district cost sharing with private entities for the
2191	construction or ownership of alternative source facilities. By
2192	December 31, 1997, the authority and the Southwest Florida Water
2193	Management District shall:
2194	1.  Enter into a mutually acceptable agreement detailing
2195	the development and implementation of directives contained in
2196	this paragraph; or
2197	2.  Jointly prepare and submit to the President of the
2198	Senate and the Speaker of the House of Representatives a report
2199	describing the progress made and impediments encountered in
2200	their attempts to implement the water resource development and
2201	water supply development directives contained in this paragraph.
2202
2203	Nothing in this section shall be construed to modify the rights
2204	or responsibilities of the authority or its member governments,
2205	except as otherwise provided herein, or of the Southwest Florida
2206	Water Management District or the department pursuant to this
2207	chapter or chapter 403 and as otherwise set forth by statutes.
2208	Section 71.  Subsection (14) of section 376.121, Florida
2209	Statutes, is amended to read:
2210	376.121  Liability for damage to natural resources.--The
2211	Legislature finds that extensive damage to the state's natural
2212	resources is the likely result of a pollutant discharge and that
2213	it is essential that the state adequately assess and recover the
2214	cost of such damage from responsible parties. It is the state's
2215	goal to recover the costs of restoration from the responsible
2216	parties and to restore damaged natural resources to their
2217	predischarge condition. In many instances, however, restoration
2218	is not technically feasible. In such instances, the state has
2219	the responsibility to its citizens to recover the cost of all
2220	damage to natural resources. To ensure that the public does not
2221	bear a substantial loss as a result of the destruction of
2222	natural resources, the procedures set out in this section shall
2223	be used to assess the cost of damage to such resources. Natural
2224	resources include coastal waters, wetlands, estuaries, tidal
2225	flats, beaches, lands adjoining the seacoasts of the state, and
2226	all living things except human beings. The Legislature
2227	recognizes the difficulty historically encountered in
2228	calculating the value of damaged natural resources. The value of
2229	certain qualities of the state's natural resources is not
2230	readily quantifiable, yet the resources and their qualities have
2231	an intrinsic value to the residents of the state, and any damage
2232	to natural resources and their qualities should not be dismissed
2233	as nonrecoverable merely because of the difficulty in
2234	quantifying their value. In order to avoid unnecessary
2235	speculation and expenditure of limited resources to determine
2236	these values, the Legislature hereby establishes a schedule for
2237	compensation for damage to the state's natural resources and the
2238	quality of said resources.
2239	(14)  The department must review the amount of compensation
2240	assessed pursuant to the damage assessment formula established
2241	in this section and report its findings to the 1995 Legislature.
2242	Thereafter, the department must conduct such a review and report
2243	its findings to the Legislature biennially.
2244	Section 72.  Section 376.17, Florida Statutes, is repealed.
2245	Section 73.  Subsection (5) of section 376.30713, Florida
2246	Statutes, is amended to read:
2247	376.30713  Preapproved advanced cleanup.--
2248	(5)  By December 31, 1998, the department shall submit a
2249	report to the Governor, the President of the Senate, and the
2250	Speaker of the House of Representatives on the progress and
2251	level of activity under the provisions of this section. The
2252	report shall include the following information:
2253	(a)  A list of sites under a preapproved advanced cleanup
2254	contract, to be identified by the facility number.
2255	(b)  The total number of preapproved advanced cleanup
2256	applications submitted to the department.
2257	(c)  The priority ranking scores of each participating
2258	site.
2259	(d)  The total amount of contract work authorized and
2260	conducted for each site and the percentage and amount of cost
2261	share.
2262	(e)  The total revenues received under the provisions of
2263	this section.
2264	(f)  The annual costs of administering the provisions of
2265	this section.
2266	(g)  The recommended annual budget for the provisions of
2267	this section.
2268	Section 74.  Paragraph (f) of subsection (3) of section
2269	377.703, Florida Statutes, is amended to read:
2270	377.703  Additional functions of the Department of
2271	Environmental Protection; energy emergency contingency plan;
2272	federal and state conservation programs.--
2273	(3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
2274	Department of Environmental Protection shall, in addition to
2275	assuming the duties and responsibilities provided by ss. 20.255
2276	and 377.701, perform the following functions consistent with the
2277	development of a state energy policy:
2278	(f)  The department shall make a report, as requested by
2279	the Governor or the Legislature, reflecting its activities and
2280	making recommendations of policies for improvement of the
2281	state's response to energy supply and demand and its effect on
2282	the health, safety, and welfare of the people of Florida. The
2283	report shall include a report from the Florida Public Service
2284	Commission on electricity and natural gas and information on
2285	energy conservation programs conducted and under way in the past
2286	year and shall include recommendations for energy conservation
2287	programs for the state, including, but not limited to, the
2288	following factors:
2289	1.  Formulation of specific recommendations for improvement
2290	in the efficiency of energy utilization in governmental,
2291	residential, commercial, industrial, and transportation sectors.
2292	2.  Collection and dissemination of information relating to
2293	energy conservation.
2294	3.  Development and conduct of educational and training
2295	programs relating to energy conservation.
2296	4.  An analysis of the ways in which state agencies are
2297	seeking to implement s. 377.601(4), the state energy policy, and
2298	recommendations for better fulfilling this policy.
2299	Section 75.  Subsection (3) of section 380.0677, Florida
2300	Statutes, is amended to read:
2301	380.0677  Green Swamp Land Authority.--
2302	(3)  POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED
2303	ACQUISITIONS.--The Green Swamp Land Authority shall have all the
2304	powers pursuant to s. 380.0666, except that it may not issue
2305	bonds and must annually submit its budget to the Governor and
2306	the Legislature for review. In addition, the authority must
2307	annually submit a list of proposed acquisitions to the Governor
2308	for review and approval. The Governor may remove proposed
2309	acquisitions from the list, with cause, if the Governor
2310	determines such acquisitions would not further the mission of
2311	the authority. By September 5 of the fiscal year in which the
2312	authority's budget is submitted, the chairpersons of the
2313	appropriations committees of the Senate and the House of
2314	Representatives may transmit to the Governor and the authority
2315	comments on and objections to the proposed budget. The Governor
2316	shall respond in writing to the comments and objections.
2317	Section 76.  Paragraph (b) of subsection (11) of section
2318	259.041, Florida Statutes, is amended to read:
2319	259.041  Acquisition of state-owned lands for preservation,
2320	conservation, and recreation purposes.--
2321	(11)
2322	(b)  All project applications shall identify, within their
2323	acquisition plans, those projects which require a full fee
2324	simple interest to achieve the public policy goals, together
2325	with the reasons full title is determined to be necessary. The
2326	state agencies and the water management districts may use
2327	alternatives to fee simple acquisition to bring the remaining
2328	projects in their acquisition plans under public protection. For
2329	the purposes of this subsection, the term "alternatives to fee
2330	simple acquisition" includes, but is not limited to: purchase of
2331	development rights; obtaining conservation easements; obtaining
2332	flowage easements; purchase of timber rights, mineral rights, or
2333	hunting rights; purchase of agricultural interests or
2334	silvicultural interests; entering into land protection
2335	agreements as defined in s. 380.0677(3)(4); fee simple
2336	acquisitions with reservations; creating life estates; or any
2337	other acquisition technique which achieves the public policy
2338	goals listed in paragraph (a). It is presumed that a private
2339	landowner retains the full range of uses for all the rights or
2340	interests in the landowner's land which are not specifically
2341	acquired by the public agency. The lands upon which hunting
2342	rights are specifically acquired pursuant to this paragraph
2343	shall be available for hunting in accordance with the management
2344	plan or hunting regulations adopted by the Florida Fish and
2345	Wildlife Conservation Commission, unless the hunting rights are
2346	purchased specifically to protect activities on adjacent lands.
2347	Section 77.  Paragraph (c) of subsection (3) of section
2348	259.101, Florida Statutes, is amended to read:
2349	259.101  Florida Preservation 2000 Act.--
2350	(3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
2351	costs of issuance, the costs of funding reserve accounts, and
2352	other costs with respect to the bonds, the proceeds of bonds
2353	issued pursuant to this act shall be deposited into the Florida
2354	Preservation 2000 Trust Fund created by s. 375.045. In fiscal
2355	year 2000-2001, for each Florida Preservation 2000 program
2356	described in paragraphs (a)-(g), that portion of each program's
2357	total remaining cash balance which, as of June 30, 2000, is in
2358	excess of that program's total remaining appropriation balances
2359	shall be redistributed by the department and deposited into the
2360	Save Our Everglades Trust Fund for land acquisition. For
2361	purposes of calculating the total remaining cash balances for
2362	this redistribution, the Florida Preservation 2000 Series 2000
2363	bond proceeds, including interest thereon, and the fiscal year
2364	1999-2000 General Appropriations Act amounts shall be deducted
2365	from the remaining cash and appropriation balances,
2366	respectively. The remaining proceeds shall be distributed by the
2367	Department of Environmental Protection in the following manner:
2368	(c)  Ten percent to the Department of Community Affairs to
2369	provide land acquisition grants and loans to local governments
2370	through the Florida Communities Trust pursuant to part III of
2371	chapter 380. From funds allocated to the trust, $3 million
2372	annually shall be used by the Division of State Lands within the
2373	Department of Environmental Protection to implement the Green
2374	Swamp Land Protection Initiative specifically for the purchase
2375	of conservation easements, as defined in s. 380.0677(3)(4), of
2376	lands, or severable interests or rights in lands, in the Green
2377	Swamp Area of Critical State Concern. From funds allocated to
2378	the trust, $3 million annually shall be used by the Monroe
2379	County Comprehensive Plan Land Authority specifically for the
2380	purchase of any real property interest in either those lands
2381	subject to the Rate of Growth Ordinances adopted by local
2382	governments in Monroe County or those lands within the boundary
2383	of an approved Conservation and Recreation Lands project located
2384	within the Florida Keys or Key West Areas of Critical State
2385	Concern; however, title to lands acquired within the boundary of
2386	an approved Conservation and Recreation Lands project may, in
2387	accordance with an approved joint acquisition agreement, vest in
2388	the Board of Trustees of the Internal Improvement Trust Fund. Of
2389	the remaining funds allocated to the trust after the above
2390	transfers occur, one-half shall be matched by local governments
2391	on a dollar-for-dollar basis. To the extent allowed by federal
2392	requirements for the use of bond proceeds, the trust shall
2393	expend Preservation 2000 funds to carry out the purposes of part
2394	III of chapter 380.
2395
2396	Local governments may use federal grants or loans, private
2397	donations, or environmental mitigation funds, including
2398	environmental mitigation funds required pursuant to s. 338.250,
2399	for any part or all of any local match required for the purposes
2400	described in this subsection. Bond proceeds allocated pursuant
2401	to paragraph (c) may be used to purchase lands on the priority
2402	lists developed pursuant to s. 259.035. Title to lands purchased
2403	pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
2404	vested in the Board of Trustees of the Internal Improvement
2405	Trust Fund. Title to lands purchased pursuant to paragraph (c)
2406	may be vested in the Board of Trustees of the Internal
2407	Improvement Trust Fund. The board of trustees shall hold title
2408	to land protection agreements and conservation easements that
2409	were or will be acquired pursuant to s. 380.0677, and the
2410	Southwest Florida Water Management District and the St. Johns
2411	River Water Management District shall monitor such agreements
2412	and easements within their respective districts until the state
2413	assumes this responsibility.
2414	Section 78.  Subsection (3) of section 381.0011, Florida
2415	Statutes, is amended to read:
2416	381.0011  Duties and powers of the Department of
2417	Health.--It is the duty of the Department of Health to:
2418	(3)  Include in the department's strategic plan developed
2419	under s. 186.021 a summary of all aspects of the public health
2420	mission and health status objectives to direct the use of public
2421	health resources with an emphasis on prevention.
2422	Section 79.  Section 381.0036, Florida Statutes, is
2423	repealed.
2424	Section 80.  Section 381.732, Florida Statutes, is amended
2425	to read:
2426	381.732  Short title; Healthy Communities, Healthy People
2427	Act.--This section and ss. 381.733 and 381.734 Sections 381.731-
2428	381.731-381.734 may be cited as the "Healthy Communities,
2429	Healthy People Act."
2430	Section 81.  Section 381.733, Florida Statutes, is amended
2431	to read:
2432	381.733  Definitions relating to Healthy Communities,
2433	Healthy People Act.--As used in ss. 381.732-381.734 381.731-
2434	381.731-381.734, the term:
2435	(1)  "Department" means the Department of Health.
2436	(2)  "Primary prevention" means interventions directed
2437	toward healthy populations with a focus on avoiding disease
2438	prior to its occurrence.
2439	(3)  "Secondary prevention" means interventions designed to
2440	promote the early detection and treatment of diseases and to
2441	reduce the risks experienced by at-risk populations.
2442	(4)  "Tertiary prevention" means interventions directed at
2443	rehabilitating and minimizing the effects of disease in a
2444	chronically ill population.
2445	Section 82.  Section 381.795, Florida Statutes, is amended
2446	to read:
2447	381.795  Long-term community-based supports.--The
2448	department shall, contingent upon specific appropriations for
2449	these purposes, establish:
2450	(1)  Study the long-term needs for community-based supports
2451	and services for individuals who have sustained traumatic brain
2452	or spinal cord injuries. The purpose of this study is to prevent
2453	inappropriate residential and institutional placement of these
2454	individuals, and promote placement in the most cost effective
2455	and least restrictive environment. Any placement recommendations
2456	for these individuals shall ensure full utilization of and
2457	collaboration with other state agencies, programs, and community
2458	partners. This study shall be submitted to the Governor, the
2459	President of the Senate, and the Speaker of the House of
2460	Representatives not later than December 31, 2000.
2461	(2)  Based upon the results of this study, establish a plan
2462	for the implementation of a program of long-term community-based
2463	supports and services for individuals who have sustained
2464	traumatic brain or spinal cord injuries who may be subject to
2465	inappropriate residential and institutional placement as a
2466	direct result of such injuries.
2467	(1)(a)  The program shall be payor of last resort for
2468	program services, and expenditures for such services shall be
2469	considered funded services for purposes of s. 381.785; however,
2470	notwithstanding s. 381.79(5), proceeds resulting from this
2471	section subsection shall be used solely for this program.
2472	(2)(b)  The department shall create, by rule, procedures to
2473	ensure, that in the event the program is unable to directly or
2474	indirectly provide such services to all eligible individuals due
2475	to lack of funds, those individuals most at risk to suffer the
2476	greatest harm from an imminent inappropriate residential or
2477	institutional placement are served first.
2478	(3)(c)  Every applicant or recipient of the long-term
2479	community-based supports and services program shall have been a
2480	resident of the state for 1 year immediately preceding
2481	application and be a resident of the state at the time of
2482	application.
2483	(4)(d)  The department shall adopt rules pursuant to ss.
2484	120.536(1) and 120.54 to implement the provision of this section
2485	subsection.
2486	Section 83.  Paragraph (a) of subsection (7) of section
2487	381.90, Florida Statutes, is amended to read:
2488	381.90  Health Information Systems Council; legislative
2489	intent; creation, appointment, duties.--
2490	(7)  The council's duties and responsibilities include, but
2491	are not limited to, the following:
2492	(a)  By June 1 of each year, to develop and approve a
2493	strategic plan pursuant to the requirements set forth in s.
2494	186.022.
2495	Section 84.  Section 381.931, Florida Statutes, is amended
2496	to read:
2497	381.931  Annual report on Medicaid expenditures;
2498	monitoring; limiting screenings.--The Department of Health and
2499	the Agency for Health Care Administration shall monitor the
2500	total Medicaid expenditures for services made under this act. If
2501	Medicaid expenditures are projected to exceed the amount
2502	appropriated by the Legislature, the Department of Health shall
2503	limit the number of screenings to ensure Medicaid expenditures
2504	do not exceed the amount appropriated. The Department of Health,
2505	in cooperation with the Agency for Health Care Administration,
2506	shall prepare an annual report that must include the number of
2507	women screened; the percentage of positive and negative
2508	outcomes; the number of referrals to Medicaid and other
2509	providers for treatment services; the estimated number of women
2510	who are not screened or not served by Medicaid due to funding
2511	limitations, if any; the cost of Medicaid treatment services;
2512	and the estimated cost of treatment services for women who were
2513	not screened or referred for treatment due to funding
2514	limitations. The report shall be submitted to the President of
2515	the Senate, the Speaker of the House of Representatives, and the
2516	Executive Office of the Governor by March 1 of each year.
2517	Section 85.  Subsection (6) of section 383.19, Florida
2518	Statutes, is amended to read:
2519	383.19  Standards; funding; ineligibility.--
2520	(6)  Each hospital which contracts with the department to
2521	provide services under the terms of ss. 383.15-383.21 shall
2522	prepare and submit to the department an annual report that
2523	includes, but is not limited to, the number of clients served
2524	and the costs of services in the center. The department shall
2525	annually conduct a programmatic and financial evaluation of each
2526	center.
2527	Section 86.  Section 383.21, Florida Statutes, is repealed.
2528	Section 87.  Section 383.2161, Florida Statutes, is amended
2529	to read:
2530	383.2161  Maternal and child health report.--The Department
2531	of Health annually shall annually compile and analyze the risk
2532	information collected by the Office of Vital Statistics and the
2533	district prenatal and infant care coalitions and shall maintain
2534	county and statewide data on prepare and submit to the
2535	Legislature by January 2 a report that includes, but is not
2536	limited to:
2537	(1)  The number of families identified as families at
2538	potential risk.;
2539	(2)  The number of families that receive family outreach
2540	services.;
2541	(3)  The increase in demand for services.; and
2542	(4)  The unmet need for services for identified target
2543	groups.
2544	Section 88.  Subsection (6) of section 384.25, Florida
2545	Statutes, is amended to read:
2546	384.25  Reporting required.--
2547	(6)  The department shall by February 1 of each year submit
2548	to the Legislature an annual report relating to all information
2549	obtained pursuant to this section.
2550	Section 89.  Subsection (4) of section 394.4573, Florida
2551	Statutes, is amended to read:
2552	394.4573  Continuity of care management system; measures of
2553	performance; reports.--
2554	(4)  The department is directed to submit a report to the
2555	Legislature, prior to April 1 of each year, outlining
2556	departmental progress towards the implementation of the minimum
2557	staffing patterns' standards in state mental health treatment
2558	facilities. The report shall contain, by treatment facility,
2559	information regarding goals and objectives and departmental
2560	performance toward meeting each such goal and objective.
2561	Section 90.  Subsection (1) of section 394.4985, Florida
2562	Statutes, is amended to read:
2563	394.4985  Districtwide information and referral network;
2564	implementation.--
2565	(1)  Each service district of the Department of Children
2566	and Family Services shall develop a detailed implementation plan
2567	for a districtwide comprehensive child and adolescent mental
2568	health information and referral network to be operational by
2569	July 1, 1999. The plan must include an operating budget that
2570	demonstrates cost efficiencies and identifies funding sources
2571	for the district information and referral network. The plan must
2572	be submitted by the department to the Legislature by October 1,
2573	1998. The district shall use existing district information and
2574	referral providers if, in the development of the plan, it is
2575	concluded that these providers would deliver information and
2576	referral services in a more efficient and effective manner when
2577	compared to other alternatives. The district information and
2578	referral network must include:
2579	(a)  A resource file that contains information about the
2580	child and adolescent mental health services as described in s.
2581	394.495, including, but not limited to:
2582	1.  Type of program;
2583	2.  Hours of service;
2584	3.  Ages of persons served;
2585	4.  Program description;
2586	5.  Eligibility requirements; and
2587	6.  Fees.
2588	(b)  Information about private providers and professionals
2589	in the community which serve children and adolescents with an
2590	emotional disturbance.
2591	(c)  A system to document requests for services that are
2592	received through the network referral process, including, but
2593	not limited to:
2594	1.  Number of calls by type of service requested;
2595	2.  Ages of the children and adolescents for whom services
2596	are requested; and
2597	3.  Type of referral made by the network.
2598	(d)  The ability to share client information with the
2599	appropriate community agencies.
2600	(e)  The submission of an annual report to the department,
2601	the Agency for Health Care Administration, and appropriate local
2602	government entities, which contains information about the
2603	sources and frequency of requests for information, types and
2604	frequency of services requested, and types and frequency of
2605	referrals made.
2606	Section 91.  Section 394.75, Florida Statutes, is amended
2607	to read:
2608	394.75  State and district substance abuse and mental
2609	health plans.--
2610	(1)(a)  Every 3 years, beginning in 2001, The department,
2611	in consultation with the Medicaid program in the Agency for
2612	Health Care Administration and the Florida Substance Abuse and
2613	Mental Health Corporation, shall prepare a state master plan for
2614	the delivery and financing of a system of publicly funded,
2615	community-based substance abuse and mental health services
2616	throughout the state. The state plan must include:
2617	(b)  The initial plan must include an assessment of the
2618	clinical practice guidelines and standards for community-based
2619	mental health and substance abuse services delivered by persons
2620	or agencies under contract with the Department of Children and
2621	Family Services. The assessment must include an inventory of
2622	current clinical guidelines and standards used by persons and
2623	agencies under contract with the department, and by nationally
2624	recognized accreditation organizations, to address the quality
2625	of care and must specify additional clinical practice standards
2626	and guidelines for new or existing services and programs.
2627	(a)(c)  Proposed The plan must propose changes in
2628	department policy or statutory revisions to strengthen the
2629	quality of mental health and substance abuse treatment and
2630	support services.
2631	(b)(d)  The plan must identify Strategies for meeting the
2632	treatment and support needs of children, adolescents, adults,
2633	and older adults who have, or are at risk of having, mental,
2634	emotional, or substance abuse problems as defined in this
2635	chapter or chapter 397.
2636	(c)(e)  The plan must include Input from persons who
2637	represent local communities; local government entities that
2638	contribute funds to the local substance abuse and mental health
2639	treatment systems; consumers of publicly funded substance abuse
2640	and mental health services, and their families; and stakeholders
2641	interested in mental health and substance abuse services. The
2642	plan must describe the means by which this local input occurred.
2643	The plan shall be updated annually.
2644	(f)  The plan must include statewide policies and planning
2645	parameters that will be used by the health and human services
2646	boards in preparing the district substance abuse and mental
2647	health plans.
2648	(g)  The district plans shall be one component of the state
2649	master plan.
2650	(2)  The state master plan shall also include:
2651	(a)  A proposal for the development of a data system that
2652	will evaluate the effectiveness of programs and services
2653	provided to clients of the substance abuse and mental health
2654	service system.
2655	(b)  A proposal to resolve the funding discrepancies
2656	between districts.
2657	(d)(c)  A methodology for the allocation of resources
2658	available from federal, state, and local sources and a
2659	description of the current level of funding available from each
2660	source.
2661	(e)(d)  A description of the statewide priorities for
2662	clients and services, and each district's priorities for clients
2663	and services.
2664	(e)  Recommendations for methods of enhancing local
2665	participation in the planning, organization, and financing of
2666	substance abuse and mental health services.
2667	(f)  A description of the current methods of contracting
2668	for services, an assessment of the efficiency of these methods
2669	in providing accountability for contracted funds, and
2670	recommendations for improvements to the system of contracting.
2671	(f)(g)  Recommendations for improving access to services by
2672	clients and their families.
2673	(h)  Guidelines and formats for the development of district
2674	plans.
2675	(g)(i)  Recommendations for future directions for the
2676	substance abuse and mental health service delivery system.
2677	(2)  A schedule, format, and procedure for development, and
2678	review, and update of the state master plan shall be adopted by
2679	the department by June of each year. The plan and annual updates
2680	shall must be submitted to the Governor , the President of the
2681	Senate, and the Speaker of the House of Representatives
2682	beginning February 10, 2006, and every third year thereafter
2683	President of the Senate and the Speaker of the House of
2684	Representatives by January 1 of each year, beginning January 1,
2685	2001.
2686	(3)  Each The district health and human services board
2687	shall prepare an integrated district substance abuse and mental
2688	health plan. The plan shall be prepared and updated on a
2689	schedule established by the Assistant Secretary for Substance
2690	Abuse Alcohol, Drug Abuse, and Mental Health Program Office. The
2691	plan shall reflect the needs and program priorities established
2692	by the department and the needs of the district established
2693	under ss. 394.674 and 394.675. The district plan must list in
2694	order of priority the mental health and the substance abuse
2695	treatment needs of the district and must rank each program
2696	separately. The plan shall include:
2697	(a)  A record of the total amount of money available in the
2698	district for mental health and substance abuse services.
2699	(b)  A description of each service that will be purchased
2700	with state funds.
2701	(c)  A record of the amount of money allocated for each
2702	service identified in the plan as being purchased with state
2703	funds.
2704	(d)  A record of the total funds allocated to each
2705	provider.
2706	(e)  A record of the total funds allocated to each provider
2707	by type of service to be purchased with state funds.
2708	(a)(f)  Include input from community-based persons,
2709	organizations, and agencies interested in substance abuse and
2710	mental health treatment services; local government entities that
2711	contribute funds to the public substance abuse and mental health
2712	treatment systems; and consumers of publicly funded substance
2713	abuse and mental health services, and their family members. The
2714	plan must describe the means by which this local input occurred.
2715
2716	The plan shall be submitted by the district board to the
2717	district administrator and to the governing bodies for review,
2718	comment, and approval.
2719	(4)  The district plan shall:
2720	(a)  Describe the publicly funded, community-based
2721	substance abuse and mental health system of care, and identify
2722	statutorily defined populations, their service needs, and the
2723	resources available and required to meet their needs.
2724	(b)  Provide the means for meeting the needs of the
2725	district's eligible clients, specified in ss. 394.674 and
2726	394.675, for substance abuse and mental health services.
2727	(b)(c)  Provide a process for coordinating the delivery of
2728	services within a community-based system of care to eligible
2729	clients. Such process must involve service providers, clients,
2730	and other stakeholders. The process must also provide a means by
2731	which providers will coordinate and cooperate to strengthen
2732	linkages, achieve maximum integration of services, foster
2733	efficiencies in service delivery and administration, and
2734	designate responsibility for outcomes for eligible clients.
2735	(c)(d)  Provide a projection of district program and fiscal
2736	needs for the next fiscal year, provide for the orderly and
2737	economical development of needed services, and indicate
2738	priorities and resources for each population served, performance
2739	outcomes, and anticipated expenditures and revenues.
2740	(e)  Include a summary budget request for the total
2741	district substance abuse and mental health program, which must
2742	include the funding priorities established by the district
2743	planning process.
2744	(f)  Provide a basis for the district legislative budget
2745	request.
2746	(g)  Include a policy and procedure for allocation of
2747	funds.
2748	(h)  Include a procedure for securing local matching funds.
2749	Such a procedure shall be developed in consultation with
2750	governing bodies and service providers.
2751	(d)(i)  Provide for the integration of substance abuse and
2752	mental health services with the other departmental programs and
2753	with the criminal justice, juvenile justice, child protection,
2754	school, and health care systems within the district.
2755	(j)  Provide a plan for the coordination of services in
2756	such manner as to ensure effectiveness and avoid duplication,
2757	fragmentation of services, and unnecessary expenditures.
2758	(e)(k)  Provide for continuity of client care between state
2759	treatment facilities and community programs to assure that
2760	discharge planning results in the rapid application for all
2761	benefits for which a client is eligible, including Medicaid
2762	coverage for persons leaving state treatment facilities and
2763	returning to community-based programs.
2764	(l)  Provide for the most appropriate and economical use of
2765	all existing public and private agencies and personnel.
2766	(m)  Provide for the fullest possible and most appropriate
2767	participation by existing programs; state hospitals and other
2768	hospitals; city, county, and state health and family service
2769	agencies; drug abuse and alcoholism programs; probation
2770	departments; physicians; psychologists; social workers; marriage
2771	and family therapists; mental health counselors; clinical social
2772	workers; public health nurses; school systems; and all other
2773	public and private agencies and personnel that are required to,
2774	or may agree to, participate in the plan.
2775	(n)  Include an inventory of all public and private
2776	substance abuse and mental health resources within the district,
2777	including consumer advocacy groups and self-help groups known to
2778	the department.
2779	(4)(5)  The district plan shall address how substance abuse
2780	and mental health services will be provided and how a system of
2781	care for target populations will be provided given the resources
2782	available in the service district. The plan must include
2783	provisions for providing the most appropriate and current
2784	evidence-based services for persons with substance abuse
2785	disorders and mental illnesses in a variety of settings
2786	maximizing client access to the most recently developed
2787	psychiatric medications approved by the United States Food and
2788	Drug Administration, for developing independent housing units
2789	through participation in the Section 811 program operated by the
2790	United States Department of Housing and Urban Development, for
2791	developing supported employment services through the Division of
2792	Vocational Rehabilitation of the Department of Education, for
2793	providing treatment services to persons with co-occurring mental
2794	illness and substance abuse problems which are integrated across
2795	treatment systems, and for providing services to adults who have
2796	a serious mental illness, as defined in s. 394.67, and who
2797	reside in assisted living facilities.
2798	(6)  The district plan shall provide the means by which the
2799	needs of the population groups specified pursuant to s. 394.674
2800	will be addressed in the district.
2801	(7)  In developing the district plan, optimum use shall be
2802	made of any federal, state, and local funds that may be
2803	available for substance abuse and mental health service
2804	planning. However, the department must provide these services
2805	within legislative appropriations.
2806	(8)  The district health and human services board shall
2807	establish a subcommittee to prepare the portion of the district
2808	plan relating to children and adolescents. The subcommittee
2809	shall include representative membership of any committee
2810	organized or established by the district to review placement of
2811	children and adolescents in residential treatment programs. The
2812	board shall establish a subcommittee to prepare the portion of
2813	the district plan which relates to adult mental health and
2814	substance abuse. The subcommittee must include representatives
2815	from the community who have an interest in mental health and
2816	substance abuse treatment for adults.
2817	(5)(9)  All departments of state government and all local
2818	public agencies shall cooperate with officials to assist them in
2819	service planning. Each district administrator shall, upon
2820	request and the availability of staff, provide consultative
2821	services to the local agency directors and governing bodies.
2822	(10)  The district administrator shall ensure that the
2823	district plan:
2824	(a)  Conforms to the priorities in the state plan, the
2825	requirements of this part, and the standards adopted under this
2826	part;
2827	(b)  Ensures that the most effective and economical use
2828	will be made of available public and private substance abuse and
2829	mental health resources in the service district; and
2830	(c)  Has adequate provisions made for review and evaluation
2831	of the services provided in the service district.
2832	(11)  The district administrator shall require such
2833	modifications in the district plan as he or she deems necessary
2834	to bring the plan into conformance with the provisions of this
2835	part. If the district board and the district administrator
2836	cannot agree on the plan, including the projected budget, the
2837	issues under dispute shall be submitted directly to the
2838	secretary of the department for immediate resolution.
2839	(12)  Each governing body that provides local funds has the
2840	authority to require necessary modification to only that portion
2841	of the district plan which affects substance abuse and mental
2842	health programs and services within the jurisdiction of that
2843	governing body.
2844	(13)  The district administrator shall report annually to
2845	the district board the status of funding for priorities
2846	established in the district plan. Each report must include:
2847	(a)  A description of the district plan priorities that
2848	were included in the district legislative budget request.
2849	(b)  A description of the district plan priorities that
2850	were included in the departmental budget request.
2851	(c)  A description of the programs and services included in
2852	the district plan priorities that were appropriated funds by the
2853	Legislature in the legislative session that preceded the report.
2854	Section 92.  Section 394.82, Florida Statutes, is repealed.
2855	Section 93.  Paragraph (a) of subsection (3) of section
2856	394.655, Florida Statutes, is amended to read:
2857	394.655  The Substance Abuse and Mental Health Corporation;
2858	powers and duties; composition; evaluation and reporting
2859	requirements.--
2860	(3)(a)  The Florida Substance Abuse and Mental Health
2861	Corporation shall be responsible for oversight of the publicly
2862	funded substance abuse and mental health systems and for making
2863	policy and resources recommendations which will improve the
2864	coordination, quality, and efficiency of the system. Subject to
2865	and consistent with direction set by the Legislature, the
2866	corporation shall exercise the following responsibilities:
2867	1.  Review and assess the collection and analysis of needs
2868	assessment data as described in s. 394.82.
2869	1.2.  Review and assess the status of the publicly funded
2870	mental health and substance abuse systems and recommend policy
2871	designed to improve coordination and effectiveness.
2872	2.3.  Provide mechanisms for substance abuse and mental
2873	health stakeholders, including consumers, family members,
2874	providers, and advocates to provide input concerning the
2875	management of the overall system.
2876	3.4.  Recommend priorities for service expansion.
2877	4.5.  Prepare budget recommendations to be submitted to the
2878	appropriate departments for consideration in the development of
2879	their legislative budget requests and provide copies to the
2880	Governor, the President of the Senate, and the Speaker of the
2881	House of Representatives for their consideration.
2882	5.6.  Review data regarding the performance of the publicly
2883	funded substance abuse and mental health systems.
2884	6.7.  Make recommendations concerning strategies for
2885	improving the performance of the systems.
2886	7.8.  Review, assess, and forecast substance abuse and
2887	mental health manpower needs and work with the department and
2888	the educational system to establish policies, consistent with
2889	the direction of the Legislature, which will ensure that the
2890	state has the personnel it needs to continuously implement and
2891	improve its services.
2892	Section 94.  Paragraph (h) of subsection (7) and subsection
2893	(8) of section 394.9082, Florida Statutes, are amended to read:
2894	394.9082  Behavioral health service delivery strategies.--
2895	(7)  ESSENTIAL ELEMENTS.--
2896	(h)1.  The Department of Children and Family Services, in
2897	consultation with the Agency for Health Care Administration,
2898	shall prepare an amendment by October 31, 2001, to the 2001
2899	master state plan required under s. 394.75(1), which describes
2900	each service delivery strategy, including at least the following
2901	details:
2902	a.  Operational design;
2903	b.  Counties or service districts included in each
2904	strategy;
2905	c.  Expected outcomes; and
2906	d.  Timeframes.
2907	2.  The amendment shall specifically address the
2908	application of each service delivery strategy to substance abuse
2909	services, including:
2910	a.  The development of substance abuse service protocols;
2911	b.  Credentialing requirements for substance abuse
2912	services; and
2913	c.  The development of new service models for individuals
2914	with co-occurring mental health and substance abuse disorders.
2915	3.  The amendment must specifically address the application
2916	of each service delivery strategy to the child welfare system,
2917	including:
2918	a.  The development of service models that support working
2919	with both children and their families in a community-based care
2920	system and that are specific to the child welfare system.
2921	b.  A process for providing services to abused and
2922	neglected children and their families as indicated in court-
2923	ordered case plans.
2924	(8)  EXPANSION IN DISTRICTS 4 AND 12.--The department shall
2925	work with community agencies to establish a single managing
2926	entity for districts 4 and 12 accountable for the delivery of
2927	substance abuse services to child protective services recipients
2928	in the two districts. The purpose of this strategy is to enhance
2929	the coordination of substance abuse services with community-
2930	based care agencies and the department. The department shall
2931	work with affected stakeholders to develop and implement a plan
2932	that allows the phase-in of services beginning with the delivery
2933	of substance abuse services, with phase-in of subsequent
2934	substance abuse services agreed upon by the managing entity and
2935	authorized by the department, providing the necessary technical
2936	assistance to assure provider and district readiness for
2937	implementation. When a single managing entity is established and
2938	meets readiness requirements, the department may enter into a
2939	noncompetitive contract with the entity. The department shall
2940	maintain detailed information on the methodology used for
2941	selection and a justification for the selection. Performance
2942	objectives shall be developed which ensure that services that
2943	are delivered directly affect and complement the child's
2944	permanency plan. During the initial planning and implementation
2945	phase of this project, the requirements in subsections (6) and
2946	(7) are waived. Considering the critical substance abuse
2947	problems experienced by many families in the child protection
2948	system, the department shall initiate the implementation of the
2949	substance abuse delivery component of this program without delay
2950	and furnish status reports to the appropriate substantive
2951	committees of the Senate and the House of Representatives no
2952	later than February 29, 2004, and February 28, 2005. The
2953	integration of all services agreed upon by the managing entity
2954	and authorized by the department must be completed within 2
2955	years after project initiation. Ongoing monitoring and
2956	evaluation of this strategy shall be conducted in accordance
2957	with subsection (9).
2958	Section 95.  Section 394.9083, Florida Statutes, is
2959	repealed.
2960	Section 96.  Paragraph (c) of subsection (2) of section
2961	395.807, Florida Statutes, is amended to read:
2962	395.807  Retention of family practice residents.--
2963	(2)
2964	(c)  The committee shall report to the Legislature
2965	annually, beginning October 1, 1995, on the retention of family
2966	practice residents in the state by family practice teaching
2967	hospitals. The committee shall also track and report on the
2968	placement of family practice physicians in medically underserved
2969	areas.
2970	Section 97.  Subsections (1) and (20) of section 397.321,
2971	Florida Statutes, are amended to read:
2972	397.321  Duties of the department.--The department shall:
2973	(1)  Develop a comprehensive state plan for the provision
2974	of substance abuse services. The plan must include:
2975	(a)  Identification of incidence and prevalence of problems
2976	related to substance abuse.
2977	(b)  Description of current services.
2978	(c)  Need for services.
2979	(d)  Cost of services.
2980	(e)  Priorities for funding.
2981	(f)  Strategies to address the identified needs and
2982	priorities.
2983	(g)  Resource planning.
2984	(20)  The department may establish in District 9, in
2985	cooperation with the Palm Beach County Board of County
2986	Commissioners, a pilot project to serve in a managed care
2987	arrangement non-Medicaid eligible persons who qualify to receive
2988	substance abuse or mental health services from the department.
2989	The department may contract with a not-for-profit entity to
2990	conduct the pilot project. The results of the pilot project
2991	shall be reported to the district administrator, and the
2992	secretary 18 months after the initiation. The department shall
2993	incur no additional administrative costs for the pilot project.
2994	Section 98.  Subsection (4) of section 397.333, Florida
2995	Statutes, is amended to read:
2996	397.333  Statewide Drug Policy Advisory Council.--
2997	(4)(a)  The chairperson of the advisory council shall
2998	appoint workgroups that include members of state agencies that
2999	are not represented on the advisory council and shall solicit
3000	input and recommendations from those state agencies. In
3001	addition, the chairperson may appoint workgroups as necessary
3002	from among the members of the advisory council in order to
3003	efficiently address specific issues. A representative of a state
3004	agency appointed to any workgroup shall be the head of the
3005	agency, or his or her designee. The chairperson may designate
3006	lead and contributing agencies within a workgroup.
3007	(b)  The advisory council shall submit a report to the
3008	Governor, the President of the Senate, and the Speaker of the
3009	House of Representatives by December 1 of each year which
3010	contains a summary of the work of the council during that year
3011	and the recommendations required under subsection (3). Interim
3012	reports may be submitted at the discretion of the chairperson of
3013	the advisory council.
3014	Section 99.  Subsection (1) of section 397.94, Florida
3015	Statutes, is amended to read:
3016	397.94  Children's substance abuse services; information
3017	and referral network.--
3018	(1)  Each service district of the department shall develop
3019	a plan for and implement a districtwide comprehensive children's
3020	substance abuse information and referral network to be
3021	operational by July 1, 2000.
3022	Section 100.  Paragraph (f) of subsection (2) of section
3023	400.0067, Florida Statutes, is amended to read:
3024	400.0067  State Long-Term Care Ombudsman Council; duties;
3025	membership.--
3026	(2)  The State Long-Term Care Ombudsman Council shall:
3027	(f)  Prepare an annual report describing the activities
3028	carried out by the ombudsman, and the State Long-Term Care
3029	Ombudsman Council, and the local councils in the year for which
3030	the report is prepared. The State Long-Term Care Ombudsman
3031	Council shall submit the report to the Secretary of Elderly
3032	Affairs. The secretary shall in turn submit the report to the
3033	Commissioner of the United States Administration on Aging, the
3034	Governor, the President of the Senate, the Speaker of the House
3035	of Representatives, the minority leaders of the House and
3036	Senate, the chairpersons of appropriate House and Senate
3037	committees, the Secretary of Children and Family Services, and
3038	the Secretary of Health Care Administration. The report shall be
3039	submitted by the Secretary of Elderly Affairs at least 30 days
3040	before the convening of the regular session of the Legislature
3041	and shall, at a minimum:
3042	1.  Contain and analyze data collected concerning
3043	complaints about and conditions in long-term care facilities and
3044	the dispositions of such complaints.
3045	2.  Evaluate the problems experienced by residents of long-
3046	term care facilities.
3047	3.  Contain recommendations for improving the quality of
3048	life of the residents and for protecting the health, safety,
3049	welfare, and rights of the residents.
3050	4.  Analyze the success of the ombudsman program during the
3051	preceding year and identify the barriers that prevent the
3052	optimal operation of the program. The report of the program's
3053	successes shall also include address the relationship between
3054	the state long-term care ombudsman program, the Department of
3055	Elderly Affairs, the Agency for Health Care Administration, and
3056	the Department of Children and Family Services, and an
3057	assessment of how successfully the state long-term care
3058	ombudsman program has carried out its responsibilities under the
3059	Older Americans Act.
3060	5.  Provide policy and regulatory and legislative
3061	recommendations to solve identified problems; resolve residents'
3062	complaints; improve the quality of care and life of the
3063	residents; protect the health, safety, welfare, and rights of
3064	the residents; and remove the barriers to the optimal operation
3065	of the state long-term care ombudsman program.
3066	6.  Contain recommendations from the local ombudsman
3067	councils regarding program functions and activities.
3068	7.  Include a report on the activities of the legal
3069	advocate and other legal advocates acting on behalf of the local
3070	and state councils.
3071	Section 101.  Subsection (3) of section 400.0075, Florida
3072	Statutes, is amended to read:
3073	400.0075  Complaint resolution procedures.--
3074	(3)  The state ombudsman council shall provide, as part of
3075	its annual report required pursuant to s. 400.0067(2)(f),
3076	information relating to the disposition of all complaints to the
3077	Department of Elderly Affairs.
3078	Section 102.  Section 400.0089, Florida Statutes, is
3079	amended to read:
3080	400.0089  Complaint Agency reports.--The Office of State
3081	Long-Term Care Ombudsman Department of Elderly Affairs shall
3082	maintain a statewide uniform reporting system to collect and
3083	analyze data relating to complaints and conditions in long-term
3084	care facilities and to residents, for the purpose of identifying
3085	and resolving significant problems. The department and the State
3086	Long-Term Care Ombudsman Council shall submit such data as part
3087	of its annual report required pursuant to s. 400.0067(2)(f) to
3088	the Agency for Health Care Administration, the Department of
3089	Children and Family Services, the Florida Statewide Advocacy
3090	Council, the Advocacy Center for Persons with Disabilities, the
3091	Commissioner for the United States Administration on Aging, the
3092	National Ombudsman Resource Center, and any other state or
3093	federal entities that the ombudsman determines appropriate. The
3094	office State Long-Term Care Ombudsman Council shall publish
3095	quarterly and make readily available information pertaining to
3096	the number and types of complaints received by the long-term
3097	care ombudsman program and shall include such information in the
3098	annual report required under s. 400.0067.
3099	Section 103.  Paragraph (b) of subsection (3) of section
3100	400.407, Florida Statutes, is amended to read:
3101	400.407  License required; fee, display.--
3102	(3)  Any license granted by the agency must state the
3103	maximum resident capacity of the facility, the type of care for
3104	which the license is granted, the date the license is issued,
3105	the expiration date of the license, and any other information
3106	deemed necessary by the agency. Licenses shall be issued for one
3107	or more of the following categories of care: standard, extended
3108	congregate care, limited nursing services, or limited mental
3109	health.
3110	(b)  An extended congregate care license shall be issued to
3111	facilities providing, directly or through contract, services
3112	beyond those authorized in paragraph (a), including acts
3113	performed pursuant to part I of chapter 464 by persons licensed
3114	thereunder, and supportive services defined by rule to persons
3115	who otherwise would be disqualified from continued residence in
3116	a facility licensed under this part.
3117	1.  In order for extended congregate care services to be
3118	provided in a facility licensed under this part, the agency must
3119	first determine that all requirements established in law and
3120	rule are met and must specifically designate, on the facility's
3121	license, that such services may be provided and whether the
3122	designation applies to all or part of a facility. Such
3123	designation may be made at the time of initial licensure or
3124	relicensure, or upon request in writing by a licensee under this
3125	part. Notification of approval or denial of such request shall
3126	be made within 90 days after receipt of such request and all
3127	necessary documentation. Existing facilities qualifying to
3128	provide extended congregate care services must have maintained a
3129	standard license and may not have been subject to administrative
3130	sanctions during the previous 2 years, or since initial
3131	licensure if the facility has been licensed for less than 2
3132	years, for any of the following reasons:
3133	a.  A class I or class II violation;
3134	b.  Three or more repeat or recurring class III violations
3135	of identical or similar resident care standards as specified in
3136	rule from which a pattern of noncompliance is found by the
3137	agency;
3138	c.  Three or more class III violations that were not
3139	corrected in accordance with the corrective action plan approved
3140	by the agency;
3141	d.  Violation of resident care standards resulting in a
3142	requirement to employ the services of a consultant pharmacist or
3143	consultant dietitian;
3144	e.  Denial, suspension, or revocation of a license for
3145	another facility under this part in which the applicant for an
3146	extended congregate care license has at least 25 percent
3147	ownership interest; or
3148	f.  Imposition of a moratorium on admissions or initiation
3149	of injunctive proceedings.
3150	2.  Facilities that are licensed to provide extended
3151	congregate care services shall maintain a written progress
3152	report on each person who receives such services, which report
3153	describes the type, amount, duration, scope, and outcome of
3154	services that are rendered and the general status of the
3155	resident's health. A registered nurse, or appropriate designee,
3156	representing the agency shall visit such facilities at least
3157	quarterly to monitor residents who are receiving extended
3158	congregate care services and to determine if the facility is in
3159	compliance with this part and with rules that relate to extended
3160	congregate care. One of these visits may be in conjunction with
3161	the regular survey. The monitoring visits may be provided
3162	through contractual arrangements with appropriate community
3163	agencies. A registered nurse shall serve as part of the team
3164	that inspects such facility. The agency may waive one of the
3165	required yearly monitoring visits for a facility that has been
3166	licensed for at least 24 months to provide extended congregate
3167	care services, if, during the inspection, the registered nurse
3168	determines that extended congregate care services are being
3169	provided appropriately, and if the facility has no class I or
3170	class II violations and no uncorrected class III violations.
3171	Before such decision is made, the agency shall consult with the
3172	long-term care ombudsman council for the area in which the
3173	facility is located to determine if any complaints have been
3174	made and substantiated about the quality of services or care.
3175	The agency may not waive one of the required yearly monitoring
3176	visits if complaints have been made and substantiated.
3177	3.  Facilities that are licensed to provide extended
3178	congregate care services shall:
3179	a.  Demonstrate the capability to meet unanticipated
3180	resident service needs.
3181	b.  Offer a physical environment that promotes a homelike
3182	setting, provides for resident privacy, promotes resident
3183	independence, and allows sufficient congregate space as defined
3184	by rule.
3185	c.  Have sufficient staff available, taking into account
3186	the physical plant and firesafety features of the building, to
3187	assist with the evacuation of residents in an emergency, as
3188	necessary.
3189	d.  Adopt and follow policies and procedures that maximize
3190	resident independence, dignity, choice, and decisionmaking to
3191	permit residents to age in place to the extent possible, so that
3192	moves due to changes in functional status are minimized or
3193	avoided.
3194	e.  Allow residents or, if applicable, a resident's
3195	representative, designee, surrogate, guardian, or attorney in
3196	fact to make a variety of personal choices, participate in
3197	developing service plans, and share responsibility in
3198	decisionmaking.
3199	f.  Implement the concept of managed risk.
3200	g.  Provide, either directly or through contract, the
3201	services of a person licensed pursuant to part I of chapter 464.
3202	h.  In addition to the training mandated in s. 400.452,
3203	provide specialized training as defined by rule for facility
3204	staff.
3205	4.  Facilities licensed to provide extended congregate care
3206	services are exempt from the criteria for continued residency as
3207	set forth in rules adopted under s. 400.441. Facilities so
3208	licensed shall adopt their own requirements within guidelines
3209	for continued residency set forth by the department in rule.
3210	However, such facilities may not serve residents who require 24-
3211	hour nursing supervision. Facilities licensed to provide
3212	extended congregate care services shall provide each resident
3213	with a written copy of facility policies governing admission and
3214	retention.
3215	5.  The primary purpose of extended congregate care
3216	services is to allow residents, as they become more impaired,
3217	the option of remaining in a familiar setting from which they
3218	would otherwise be disqualified for continued residency. A
3219	facility licensed to provide extended congregate care services
3220	may also admit an individual who exceeds the admission criteria
3221	for a facility with a standard license, if the individual is
3222	determined appropriate for admission to the extended congregate
3223	care facility.
3224	6.  Before admission of an individual to a facility
3225	licensed to provide extended congregate care services, the
3226	individual must undergo a medical examination as provided in s.
3227	400.426(4) and the facility must develop a preliminary service
3228	plan for the individual.
3229	7.  When a facility can no longer provide or arrange for
3230	services in accordance with the resident's service plan and
3231	needs and the facility's policy, the facility shall make
3232	arrangements for relocating the person in accordance with s.
3233	400.428(1)(k).
3234	8.  Failure to provide extended congregate care services
3235	may result in denial of extended congregate care license
3236	renewal.
3237	9.  No later than January 1 of each year, the department,
3238	in consultation with the agency, shall prepare and submit to the
3239	Governor, the President of the Senate, the Speaker of the House
3240	of Representatives, and the chairs of appropriate legislative
3241	committees, a report on the status of, and recommendations
3242	related to, extended congregate care services. The status report
3243	must include, but need not be limited to, the following
3244	information:
3245	a.  A description of the facilities licensed to provide
3246	such services, including total number of beds licensed under
3247	this part.
3248	b.  The number and characteristics of residents receiving
3249	such services.
3250	c.  The types of services rendered that could not be
3251	provided through a standard license.
3252	d.  An analysis of deficiencies cited during licensure
3253	inspections.
3254	e.  The number of residents who required extended
3255	congregate care services at admission and the source of
3256	admission.
3257	f.  Recommendations for statutory or regulatory changes.
3258	g.  The availability of extended congregate care to state
3259	clients residing in facilities licensed under this part and in
3260	need of additional services, and recommendations for
3261	appropriations to subsidize extended congregate care services
3262	for such persons.
3263	h.  Such other information as the department considers
3264	appropriate.
3265	Section 104.  Subsection (13) of section 400.419, Florida
3266	Statutes, is amended to read:
3267	400.419  Violations; imposition of administrative fines;
3268	grounds.--
3269	(13)  The agency shall develop and disseminate an annual
3270	list of all facilities sanctioned or fined $5,000 or more for
3271	violations of state standards, the number and class of
3272	violations involved, the penalties imposed, and the current
3273	status of cases. The list shall be disseminated, at no charge,
3274	to the Department of Elderly Affairs, the Department of Health,
3275	the Department of Children and Family Services, the Agency for
3276	Persons with Disabilities, the area agencies on aging, the
3277	Florida Statewide Advocacy Council, and the state and local
3278	ombudsman councils. The Department of Children and Family
3279	Services shall disseminate the list to service providers under
3280	contract to the department who are responsible for referring
3281	persons to a facility for residency. The agency may charge a fee
3282	commensurate with the cost of printing and postage to other
3283	interested parties requesting a copy of this list.
3284	Section 105.  Subsection (4) of section 400.441, Florida
3285	Statutes, is amended to read:
3286	400.441  Rules establishing standards.--
3287	(4)  The agency may use an abbreviated biennial standard
3288	licensure inspection that consists of a review of key quality-
3289	of-care standards in lieu of a full inspection in facilities
3290	which have a good record of past performance. However, a full
3291	inspection shall be conducted in facilities which have had a
3292	history of class I or class II violations, uncorrected class III
3293	violations, confirmed ombudsman council complaints, or confirmed
3294	licensure complaints, within the previous licensure period
3295	immediately preceding the inspection or when a potentially
3296	serious problem is identified during the abbreviated inspection.
3297	The agency, in consultation with the department, shall develop
3298	the key quality-of-care standards with input from the State
3299	Long-Term Care Ombudsman Council and representatives of provider
3300	groups for incorporation into its rules. The department, in
3301	consultation with the agency, shall report annually to the
3302	Legislature concerning its implementation of this subsection.
3303	The report shall include, at a minimum, the key quality-of-care
3304	standards which have been developed; the number of facilities
3305	identified as being eligible for the abbreviated inspection; the
3306	number of facilities which have received the abbreviated
3307	inspection and, of those, the number that were converted to full
3308	inspection; the number and type of subsequent complaints
3309	received by the agency or department on facilities which have
3310	had abbreviated inspections; any recommendations for
3311	modification to this subsection; any plans by the agency to
3312	modify its implementation of this subsection; and any other
3313	information which the department believes should be reported.
3314	Section 106.  Subsection (2) of section 400.967, Florida
3315	Statutes, is amended to read:
3316	400.967  Rules and classification of deficiencies.--
3317	(2)  Pursuant to the intention of the Legislature, the
3318	agency, in consultation with the Agency for Persons with
3319	Disabilities Department of Children and Family Services and the
3320	Department of Elderly Affairs, shall adopt and enforce rules to
3321	administer this part, which shall include reasonable and fair
3322	criteria governing:
3323	(a)  The location and construction of the facility;
3324	including fire and life safety, plumbing, heating, cooling,
3325	lighting, ventilation, and other housing conditions that will
3326	ensure the health, safety, and comfort of residents. The agency
3327	shall establish standards for facilities and equipment to
3328	increase the extent to which new facilities and a new wing or
3329	floor added to an existing facility after July 1, 2000, are
3330	structurally capable of serving as shelters only for residents,
3331	staff, and families of residents and staff, and equipped to be
3332	self-supporting during and immediately following disasters. The
3333	Agency for Health Care Administration shall work with facilities
3334	licensed under this part and report to the Governor and the
3335	Legislature by April 1, 2000, its recommendations for cost-
3336	effective renovation standards to be applied to existing
3337	facilities. In making such rules, the agency shall be guided by
3338	criteria recommended by nationally recognized, reputable
3339	professional groups and associations having knowledge concerning
3340	such subject matters. The agency shall update or revise such
3341	criteria as the need arises. All facilities must comply with
3342	those lifesafety code requirements and building code standards
3343	applicable at the time of approval of their construction plans.
3344	The agency may require alterations to a building if it
3345	determines that an existing condition constitutes a distinct
3346	hazard to life, health, or safety. The agency shall adopt fair
3347	and reasonable rules setting forth conditions under which
3348	existing facilities undergoing additions, alterations,
3349	conversions, renovations, or repairs are required to comply with
3350	the most recent updated or revised standards.
3351	(b)  The number and qualifications of all personnel,
3352	including management, medical nursing, and other personnel,
3353	having responsibility for any part of the care given to
3354	residents.
3355	(c)  All sanitary conditions within the facility and its
3356	surroundings, including water supply, sewage disposal, food
3357	handling, and general hygiene, which will ensure the health and
3358	comfort of residents.
3359	(d)  The equipment essential to the health and welfare of
3360	the residents.
3361	(e)  A uniform accounting system.
3362	(f)  The care, treatment, and maintenance of residents and
3363	measurement of the quality and adequacy thereof.
3364	(g)  The preparation and annual update of a comprehensive
3365	emergency management plan. The agency shall adopt rules
3366	establishing minimum criteria for the plan after consultation
3367	with the Department of Community Affairs. At a minimum, the
3368	rules must provide for plan components that address emergency
3369	evacuation transportation; adequate sheltering arrangements;
3370	postdisaster activities, including emergency power, food, and
3371	water; postdisaster transportation; supplies; staffing;
3372	emergency equipment; individual identification of residents and
3373	transfer of records; and responding to family inquiries. The
3374	comprehensive emergency management plan is subject to review and
3375	approval by the local emergency management agency. During its
3376	review, the local emergency management agency shall ensure that
3377	the following agencies, at a minimum, are given the opportunity
3378	to review the plan: the Department of Elderly Affairs, the
3379	Agency for Persons with Disabilities Department of Children and
3380	Family Services, the Agency for Health Care Administration, and
3381	the Department of Community Affairs. Also, appropriate volunteer
3382	organizations must be given the opportunity to review the plan.
3383	The local emergency management agency shall complete its review
3384	within 60 days and either approve the plan or advise the
3385	facility of necessary revisions.
3386	(h)  Each licensee shall post its license in a prominent
3387	place that is in clear and unobstructed public view at or near
3388	the place where residents are being admitted to the facility.
3389	Section 107.  Subsection (3) of section 402.3016, Florida
3390	Statutes, is amended to read:
3391	402.3016  Early Head Start collaboration grants.--
3392	(3)  The Agency for Workforce Innovation shall report to
3393	the Legislature on an annual basis the number of agencies
3394	receiving Early Head Start collaboration grants and the number
3395	of children served.
3396	Section 108.  Subsection (9) of section 402.40, Florida
3397	Statutes, is amended to read:
3398	402.40  Child welfare training.--
3399	(9)  MODIFICATION OF CHILD WELFARE TRAINING.--The core
3400	competencies determined pursuant to subsection (5), the minimum
3401	standards for the certification process and the minimum
3402	standards for trainer qualifications established pursuant to
3403	subsection (7), must be submitted to the appropriate substantive
3404	committees of the Senate and the House of Representatives before
3405	competitively soliciting either the development, validation, or
3406	periodic evaluation of the training curricula or the training
3407	academy contracts.
3408	Section 109.  Paragraph (c) of subsection (1) of section
3409	402.73, Florida Statutes, is amended to read:
3410	402.73  Contracting and performance standards.--
3411	(1)  The Department of Children and Family Services shall
3412	establish performance standards for all contracted client
3413	services. Notwithstanding s. 287.057(5)(f), the department must
3414	competitively procure any contract for client services when any
3415	of the following occurs:
3416	(c)  The department has concluded, after reviewing market
3417	prices and available treatment options, that there is evidence
3418	that the department can improve the performance outcomes
3419	produced by its contract resources. At a minimum, the department
3420	shall review market prices and available treatment options
3421	biennially. The department shall compile the results of the
3422	biennial review and include the results in its annual
3423	performance report to the Legislature pursuant to chapter 94-
3424	249, Laws of Florida. The department shall provide notice and an
3425	opportunity for public comment on its review of market prices
3426	and available treatment options.
3427	Section 110.  Paragraph (d) of subsection (2) and paragraph
3428	(c) of subsection (6) of section 403.067, Florida Statutes, are
3429	amended to read:
3430	403.067  Establishment and implementation of total maximum
3431	daily loads.--
3432	(2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
3433	with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
3434	U.S.C. ss. 1251 et seq., the department must submit periodically
3435	to the United States Environmental Protection Agency a list of
3436	surface waters or segments for which total maximum daily load
3437	assessments will be conducted. The assessments shall evaluate
3438	the water quality conditions of the listed waters and, if such
3439	waters are determined not to meet water quality standards, total
3440	maximum daily loads shall be established, subject to the
3441	provisions of subsection (4). The department shall establish a
3442	priority ranking and schedule for analyzing such waters.
3443	(d)  If the department proposes to implement total maximum
3444	daily load calculations or allocations established prior to the
3445	effective date of this act, the department shall adopt those
3446	calculations and allocations by rule by the secretary pursuant
3447	to ss. 120.536(1) and 120.54 and paragraph (6)(c)(d).
3448	(6)  CALCULATION AND ALLOCATION.--
3449	(c)  Not later than February 1, 2001, the department shall
3450	submit a report to the Governor, the President of the Senate,
3451	and the Speaker of the House of Representatives containing
3452	recommendations, including draft legislation, for any
3453	modifications to the process for allocating total maximum daily
3454	loads, including the relationship between allocations and the
3455	watershed or basin management planning process. Such
3456	recommendations shall be developed by the department in
3457	cooperation with a technical advisory committee which includes
3458	representatives of affected parties, environmental
3459	organizations, water management districts, and other appropriate
3460	local, state, and federal government agencies. The technical
3461	advisory committee shall also include such members as may be
3462	designated by the President of the Senate and the Speaker of the
3463	House of Representatives.
3464	Section 111.  Subsection (3) of section 403.4131, Florida
3465	Statutes, is amended to read:
3466	403.4131  "Keep Florida Beautiful, Incorporated"; placement
3467	of signs.--
3468	(3)  The Department of Transportation shall establish an
3469	"adopt-a-highway" program to allow local organizations to be
3470	identified with specific highway cleanup and highway
3471	beautification projects authorized under s. 339.2405 and shall
3472	coordinate such efforts with Keep Florida Beautiful, Inc. The
3473	department shall report to the Governor and the Legislature on
3474	the progress achieved and the savings incurred by the "adopt-a-
3475	highway" program. The department shall also monitor and report
3476	on compliance with the provisions of the adopt-a-highway program
3477	to ensure that organizations that participate in the program
3478	comply with the goals identified by the department.
3479	Section 112.  Section 403.756, Florida Statutes, is
3480	repealed.
3481	Section 113.  Section 403.7226, Florida Statutes, is
3482	amended to read:
3483	403.7226  Technical assistance by the department.--The
3484	department shall:
3485	(1)  provide technical assistance to county governments and
3486	regional planning councils to ensure consistency in implementing
3487	local hazardous waste management assessments as provided in ss.
3488	403.7225, 403.7234, and 403.7236. In order to ensure that each
3489	local assessment is properly implemented and that all
3490	information gathered during the assessment is uniformly compiled
3491	and documented, each county or regional planning council shall
3492	contact the department during the preparation of the local
3493	assessment to receive technical assistance. Each county or
3494	regional planning council shall follow guidelines established by
3495	the department, and adopted by rule as appropriate, in order to
3496	properly implement these assessments.
3497	(2)  Identify short-term needs and long-term needs for
3498	hazardous waste management for the state on the basis of the
3499	information gathered through the local hazardous waste
3500	management assessments and other information from state and
3501	federal regulatory agencies and sources. The state needs
3502	assessment must be ongoing and must be updated when new data
3503	concerning waste generation and waste management technologies
3504	become available. The department shall annually send a copy of
3505	this assessment to the Governor and to the Legislature.
3506	Section 114.  Subsection (2) of section 403.7265, Florida
3507	Statutes, is amended to read:
3508	403.7265  Local hazardous waste collection program.--
3509	(2)  The department shall develop a statewide local
3510	hazardous waste management plan which will ensure comprehensive
3511	collection and proper management of hazardous waste from small
3512	quantity generators and household hazardous waste in Florida.
3513	The plan shall address, at a minimum, a network of local
3514	collection centers, transfer stations, and expanded hazardous
3515	waste collection route services. The plan shall assess the need
3516	for additional compliance verification inspections, enforcement,
3517	and penalties. The plan shall include a strategy, timetable, and
3518	budget for implementation.
3519	Section 115.  Paragraph (b) of subsection (1) of section
3520	403.7264, Florida Statutes, is amended to read:
3521	403.7264  Amnesty days for purging small quantities of
3522	hazardous wastes.--Amnesty days are authorized by the state for
3523	the purpose of purging small quantities of hazardous waste, free
3524	of charge, from the possession of homeowners, farmers, schools,
3525	state agencies, and small businesses. These entities have no
3526	appropriate economically feasible mechanism for disposing of
3527	their hazardous wastes at the present time. In order to raise
3528	public awareness on this issue, provide an educational process,
3529	accommodate those entities which have a need to dispose of small
3530	quantities of hazardous waste, and preserve the waters of the
3531	state, amnesty days shall be carried out in the following
3532	manner:
3533	(1)
3534	(b)  If a local government has established a local or
3535	regional hazardous waste collection center pursuant to s.
3536	403.7265(2)(3) and such center is in operation, the department
3537	and the local government may enter into a contract whereby the
3538	local government shall administer and supervise amnesty days. If
3539	a contract is entered into, the department shall provide to the
3540	local government, from funds appropriated to the department for
3541	amnesty days, an amount of money as determined by the department
3542	that is equal to the amount of money that would have been spent
3543	by the department to administer and supervise amnesty days in
3544	the local government's area. A local government that wishes to
3545	administer and supervise amnesty days shall notify the
3546	department at least 30 days prior to the beginning of the state
3547	fiscal year during which the amnesty days are scheduled to be
3548	held in the local government's area.
3549	Section 116.  Paragraphs (b) and (d) of subsection (3) and
3550	subsection (5) of section 403.7895, Florida Statutes, are
3551	amended to read:
3552	403.7895  Requirements for the permitting and certification
3553	of commercial hazardous waste incinerators.--
3554	(3)  CERTIFICATION OF NEED.--
3555	(b)  The board shall make a determination of the need for
3556	hazardous waste incinerators, based upon the best available
3557	evidence of existing and projected need and available capacity,
3558	as presented by the applicant, and as determined by the study
3559	required by subsection (5).
3560	(d)  The board shall not make a determination of need for
3561	any hazardous waste incinerator until the study required by
3562	subsection (5) is completed.
3563	(5)  HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--
3564	(a)  The department shall conduct, by November 1, 1994, or
3565	the date by which phase 2 of the next capacity assurance plan
3566	must be submitted to the United States Environmental Protection
3567	Agency, whichever date occurs first, a comprehensive independent
3568	study of the current and future need for hazardous waste
3569	incineration in the state. The study shall evaluate the
3570	projected statewide capacity needs for a 20-year period. The
3571	study shall be updated at least every 5 years.
3572	(b)  The department shall consult with state and nationally
3573	recognized experts in the field of hazardous waste management,
3574	including representatives from state and federal agencies,
3575	industry, local government, environmental groups, universities,
3576	and other interested parties.
3577	(c)  The study components shall include but not be limited
3578	to the following:
3579	1.  Existing and projected sources, amounts, and types of
3580	hazardous waste in the state for which incineration is an
3581	appropriate treatment alternative, taking into account all
3582	applicable federal regulations on the disposal, storage and
3583	treatment or definition of hazardous waste.
3584	2.  Existing and projected hazardous waste incinerator
3585	capacity in the state and the nation.
3586	3.  Existing and projected hazardous waste incineration
3587	capacity in boilers and industrial furnaces in the state and the
3588	nation.
3589	4.  Existing and projected hazardous waste incineration
3590	needs, specifically taking into account the impacts of pollution
3591	prevention, recycling, and other waste reduction strategies.
3592	5.  Any other impacts associated with construction of
3593	excess hazardous waste incineration capacity in this state.
3594	(d)  Upon completion of the study, the department shall
3595	present its findings and make recommendations to the board and
3596	the Legislature regarding changes in state hazardous waste
3597	policies and management strategies. The recommendations shall
3598	address the advisability of establishing by statute the maximum
3599	capacity for hazardous waste incineration in this state.
3600	Section 117.  Paragraph (a) of subsection (4) of section
3601	406.02, Florida Statutes, is amended to read:
3602	406.02  Medical Examiners Commission; membership; terms;
3603	duties; staff.--
3604	(4)  The Medical Examiners Commission shall:
3605	(a)  Submit annual reports to the Governor and Legislature
3606	correlating and setting forth the activities and findings of the
3607	several district medical examiners appointed pursuant to this
3608	act. A copy of that report shall also be provided to each board
3609	of county commissioners.
3610	Section 118.  Paragraph (g) of subsection (1) of section
3611	408.033, Florida Statutes, is amended to read:
3612	408.033  Local and state health planning.--
3613	(1)  LOCAL HEALTH COUNCILS.--
3614	(g)  Each local health council is authorized to accept and
3615	receive, in furtherance of its health planning functions, funds,
3616	grants, and services from governmental agencies and from private
3617	or civic sources and to perform studies related to local health
3618	planning in exchange for such funds, grants, or services. Each
3619	local health council shall, no later than January 30 of each
3620	year, render an accounting of the receipt and disbursement of
3621	such funds received by it to the Department of Health. The
3622	department shall consolidate all such reports and submit such
3623	consolidated report to the Legislature no later than March 1 of
3624	each year.
3625	Section 119.  Subsection (4) of section 408.914, Florida
3626	Statutes, is amended to read:
3627	408.914  Phased implementation plan.--The Agency for Health
3628	Care Administration, in consultation with the Health Care Access
3629	Steering Committee created in s. 408.916, shall phase in the
3630	implementation of the Comprehensive Health and Human Services
3631	Eligibility Access System.
3632	(4)  The Agency for Health Care Administration, in
3633	consultation with the steering committee, shall complete
3634	analysis of the initial pilot project by November 1, 2003, and
3635	by January 1, 2004, shall submit a plan to the Governor, the
3636	President of the Senate, and the Speaker of the House of
3637	Representatives for statewide implementation of all components
3638	of the system, if warranted. This plan must also include
3639	recommendations for incorporating additional public assistance
3640	and human services programs into the Comprehensive Health and
3641	Human Services Eligibility Access System.
3642	Section 120.  Paragraph (i) of subsection (3) of section
3643	408.915, Florida Statutes, is amended to read:
3644	408.915  Eligibility pilot project.--The Agency for Health
3645	Care Administration, in consultation with the steering committee
3646	established in s. 408.916, shall develop and implement a pilot
3647	project to integrate the determination of eligibility for health
3648	care services with information and referral services.
3649	(3)  The information and referral provider in the site
3650	selected as the pilot project shall, at a minimum:
3651	(i)  Provide periodic reports to the Governor, the
3652	President of the Senate, and the Speaker of the House of
3653	Representatives on the use of the information and referral
3654	system and on measures that demonstrate the effectiveness and
3655	efficiency of the information and referral services provided.
3656	Section 121.  Section 408.917, Florida Statutes, is
3657	repealed.
3658	Section 122.  Paragraph (b) of subsection (7) of section
3659	409.1451, Florida Statutes, is amended to read:
3660	409.1451  Independent living transition services.--
3661	(7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
3662	Secretary of Children and Family Services shall establish the
3663	Independent Living Services Advisory Council for the purpose of
3664	reviewing and making recommendations concerning the
3665	implementation and operation of the independent living
3666	transition services. This advisory council shall continue to
3667	function as specified in this subsection until the Legislature
3668	determines that the advisory council can no longer provide a
3669	valuable contribution to the department's efforts to achieve the
3670	goals of the independent living transition services.
3671	(b)  The advisory council shall report to the secretary
3672	appropriate substantive committees of the Senate and the House
3673	of Representatives on the status of the implementation of the
3674	system of independent living transition services; efforts to
3675	publicize the availability of aftercare support services, the
3676	Road-to-Independence Scholarship Program, and transitional
3677	support services; specific barriers to financial aid created by
3678	the scholarship and possible solutions; the success of the
3679	services; problems identified; recommendations for department or
3680	legislative action; and the department's implementation of the
3681	recommendations contained in the Independent Living Services
3682	Integration Workgroup Report submitted to the Senate and the
3683	House substantive committees December 31, 2002. The department
3684	shall submit a report by December 31 of each year to the
3685	Governor, the President of the Senate, and the Speaker of the
3686	House of Representatives This advisory council report shall be
3687	submitted by December 31 of each year that the council is in
3688	existence and shall be accompanied by a report from the
3689	department which includes a summary of the factors reported on
3690	by the council and identifies the recommendations of the
3691	advisory council and either describes the department's actions
3692	to implement these recommendations or provides the department's
3693	rationale for not implementing the recommendations.
3694	Section 123.  Section 409.146, Florida Statutes, is
3695	repealed.
3696	Section 124.  Section 409.152, Florida Statutes, is
3697	repealed.
3698	Section 125.  Subsections (1) and (2) of section 409.1679,
3699	Florida Statutes, are amended to read:
3700	409.1679  Additional requirements;, effective date,
3701	reimbursement methodology, and evaluation.--
3702	(1)  The programs established under ss. 409.1676 and
3703	409.1677 are to be operational within 6 months after those
3704	sections take effect, and, beginning 1 month after this section
3705	takes effect and continuing until full operation of those
3706	programs is realized, the department shall provide to the
3707	Legislature monthly written status reports on the progress
3708	toward implementing those programs.
3709	(2)  The programs established under ss. 409.1676 and
3710	409.1677 must be included as part of the annual evaluation
3711	currently required under s. 409.1671. With respect to these
3712	specific programs and models, the annual evaluation must be
3713	conducted by an independent third party and must include, by
3714	specific site, the level of attainment of the targeted outcomes
3715	listed in subsection (3). The evaluation of the model programs
3716	must include, at a minimum, an assessment of their cost-
3717	effectiveness, of their ability to successfully implement the
3718	assigned program elements, and of their attainment of
3719	performance standards that include legislatively established
3720	standards for similar programs and other standards determined
3721	jointly by the department and the providers and stated in a
3722	contract.
3723	Section 126.  Section 409.1685, Florida Statutes, is
3724	amended to read:
3725	409.1685  Children in foster care; annual report to
3726	Legislature.--The Department of Children and Family Services
3727	shall submit a written report to the Governor and substantive
3728	committees of the Legislature concerning the status of children
3729	in foster care and concerning the judicial review mandated by
3730	part X of chapter 39. This report shall be submitted by May
3731	March 1 of each year and shall include the following information
3732	for the prior calendar year:
3733	(1)  The number of 6-month and annual judicial reviews
3734	completed during that period.
3735	(2)  The number of children in foster care returned to a
3736	parent, guardian, or relative as a result of a 6-month or annual
3737	judicial review hearing during that period.
3738	(3)  The number of termination of parental rights
3739	proceedings instituted during that period which shall include:
3740	(a)  The number of termination of parental rights
3741	proceedings initiated pursuant to s. 39.703; and
3742	(b)  The total number of terminations of parental rights
3743	ordered.
3744	(4)  The number of foster care children placed for adoption
3745	during that period.
3746	Section 127.  Paragraph (d) of subsection (5) of section
3747	409.178, Florida Statutes, is amended to read:
3748	409.178  Child Care Executive Partnership Act; findings and
3749	intent; grant; limitation; rules.--
3750	(5)
3751	(d)  Each community coordinated child care agency shall be
3752	required to establish a community child care task force for each
3753	child care purchasing pool. The task force must be composed of
3754	employers, parents, private child care providers, and one
3755	representative from the local children's services council, if
3756	one exists in the area of the purchasing pool. The community
3757	coordinated child care agency is expected to recruit the task
3758	force members from existing child care councils, commissions, or
3759	task forces already operating in the area of a purchasing pool.
3760	A majority of the task force shall consist of employers. Each
3761	task force shall develop a plan for the use of child care
3762	purchasing pool funds. The plan must show how many children will
3763	be served by the purchasing pool, how many will be new to
3764	receiving child care services, and how the community coordinated
3765	child care agency intends to attract new employers and their
3766	employees to the program.
3767	Section 128.  Paragraph (k) of subsection (4) of section
3768	409.221, Florida Statutes, is amended to read:
3769	409.221  Consumer-directed care program.--
3770	(4)  CONSUMER-DIRECTED CARE.--
3771	(k)  Reviews and reports.--The agency and the Departments
3772	of Elderly Affairs, Health, and Children and Family Services
3773	shall each, on an ongoing basis, review and assess the
3774	implementation of the consumer-directed care program. By January
3775	15 of each year, the agency shall submit a written report to the
3776	Legislature that includes each department's review of the
3777	program and contains recommendations for improvements to the
3778	program.
3779	Section 129.  Paragraph (a) of subsection (3) of section
3780	409.25575, Florida Statutes, is amended to read:
3781	409.25575  Support enforcement; privatization.--
3782	(3)(a)  The department shall establish a quality assurance
3783	program for the privatization of services. The quality assurance
3784	program must include standards for each specific component of
3785	these services. The department shall establish minimum
3786	thresholds for each component. Each program operated pursuant to
3787	contract must be evaluated annually by the department or by an
3788	objective competent entity designated by the department under
3789	the provisions of the quality assurance program. The evaluation
3790	must be financed from cost savings associated with the
3791	privatization of services. The department shall submit an annual
3792	report regarding quality performance, outcome measure
3793	attainment, and cost efficiency to the President of the Senate,
3794	the Speaker of the House of Representatives, the Minority leader
3795	of each house of the Legislature, and the Governor no later than
3796	January 31 of each year, beginning in 1999. The quality
3797	assurance program must be financed through administrative
3798	savings generated by this act.
3799	Section 130.  Subsection (7) of section 409.2558, Florida
3800	Statutes, is amended to read:
3801	409.2558  Support distribution and disbursement.--
3802	(7)  RULEMAKING AUTHORITY.--The department may adopt rules
3803	to administer this section. The department shall provide a draft
3804	of the proposed concepts for the rule for the undistributable
3805	collections to interested parties for review and recommendations
3806	prior to full development of the rule and initiating the formal
3807	rule-development process. The department shall consider but is
3808	not required to implement the recommendations. The department
3809	shall provide a report to the President of the Senate and the
3810	Speaker of the House of Representatives containing the
3811	recommendations received from interested parties and the
3812	department's response regarding incorporating the
3813	recommendations into the rule.
3814	Section 131.  Section 409.2567, Florida Statutes, is
3815	amended to read:
3816	409.2567  Services to individuals not otherwise
3817	eligible.--All support services provided by the department shall
3818	be made available on behalf of all dependent children. Services
3819	shall be provided upon acceptance of public assistance or upon
3820	proper application filed with the department. The department
3821	shall adopt rules to provide for the payment of a $25
3822	application fee from each applicant who is not a public
3823	assistance recipient. The application fee shall be deposited in
3824	the Child Support Enforcement Application and Program Revenue
3825	Trust Fund within the Department of Revenue to be used for the
3826	Child Support Enforcement Program. The obligor is responsible
3827	for all administrative costs, as defined in s. 409.2554. The
3828	court shall order payment of administrative costs without
3829	requiring the department to have a member of the bar testify or
3830	submit an affidavit as to the reasonableness of the costs. An
3831	attorney-client relationship exists only between the department
3832	and the legal services providers in Title IV-D cases. The
3833	attorney shall advise the obligee in Title IV-D cases that the
3834	attorney represents the agency and not the obligee. In Title IV-
3835	D cases, any costs, including filing fees, recording fees,
3836	mediation costs, service of process fees, and other expenses
3837	incurred by the clerk of the circuit court, shall be assessed
3838	only against the nonprevailing obligor after the court makes a
3839	determination of the nonprevailing obligor's ability to pay such
3840	costs and fees. In any case where the court does not award all
3841	costs, the court shall state in the record its reasons for not
3842	awarding the costs. The Department of Revenue shall not be
3843	considered a party for purposes of this section; however, fees
3844	may be assessed against the department pursuant to s. 57.105(1).
3845	The department shall submit a monthly report to the Governor and
3846	the chairs of the Health and Human Services Fiscal Committee of
3847	the House of Representatives and the Ways and Means Committee of
3848	the Senate specifying the funds identified for collection from
3849	the noncustodial parents of children receiving temporary
3850	assistance and the amounts actually collected.
3851	Section 132.  Subsection (3) of section 409.441, Florida
3852	Statutes, is amended to read:
3853	409.441  Runaway youth programs and centers.--
3854	(3)  STATE PLAN FOR THE HANDLING OF RUNAWAY YOUTHS.--
3855	(a)  The department shall develop a state plan for the
3856	handling of runaway youths and for providing services connected
3857	with the runaway problem. The plan shall be submitted to the
3858	Speaker of the House of Representatives, the President of the
3859	Senate, and the Governor no later than February 1, 1984.
3860	(b)  The plan shall include:
3861	1.  Needs assessments for the state and for each district;
3862	2.  Criteria and procedures for handling and referral of
3863	troubled youths and runaway youths using the least restrictive
3864	alternatives available;
3865	3.  Provisions for contacting parents or guardians;
3866	4.  Policy for coordinating relationships between involved
3867	agencies, runaway youth centers, law enforcement agencies, and
3868	the department;
3869	5.  Statewide statistics on client groups;
3870	6.  Funding formulas for runaway youth centers which
3871	provide standard services and receive state funds; and
3872	7.  Standards and program goals for runaway youth centers,
3873	with emphasis on early intervention and aftercare.
3874	Section 133.  Subsection (24) of section 409.906, Florida
3875	Statutes, is amended to read:
3876	409.906  Optional Medicaid services.--Subject to specific
3877	appropriations, the agency may make payments for services which
3878	are optional to the state under Title XIX of the Social Security
3879	Act and are furnished by Medicaid providers to recipients who
3880	are determined to be eligible on the dates on which the services
3881	were provided. Any optional service that is provided shall be
3882	provided only when medically necessary and in accordance with
3883	state and federal law. Optional services rendered by providers
3884	in mobile units to Medicaid recipients may be restricted or
3885	prohibited by the agency. Nothing in this section shall be
3886	construed to prevent or limit the agency from adjusting fees,
3887	reimbursement rates, lengths of stay, number of visits, or
3888	number of services, or making any other adjustments necessary to
3889	comply with the availability of moneys and any limitations or
3890	directions provided for in the General Appropriations Act or
3891	chapter 216. If necessary to safeguard the state's systems of
3892	providing services to elderly and disabled persons and subject
3893	to the notice and review provisions of s. 216.177, the Governor
3894	may direct the Agency for Health Care Administration to amend
3895	the Medicaid state plan to delete the optional Medicaid service
3896	known as "Intermediate Care Facilities for the Developmentally
3897	Disabled." Optional services may include:
3898	(24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The Agency
3899	for Health Care Administration, in consultation with the
3900	Department of Children and Family Services, may establish a
3901	targeted case-management project in those counties identified by
3902	the Department of Children and Family Services and for all
3903	counties with a community-based child welfare project, as
3904	authorized under s. 409.1671, which have been specifically
3905	approved by the department. Results of targeted case management
3906	projects shall be reported to the Social Services Estimating
3907	Conference established under s. 216.136. The covered group of
3908	individuals who are eligible to receive targeted case management
3909	include children who are eligible for Medicaid; who are between
3910	the ages of birth through 21; and who are under protective
3911	supervision or postplacement supervision, under foster-care
3912	supervision, or in shelter care or foster care. The number of
3913	individuals who are eligible to receive targeted case management
3914	shall be limited to the number for whom the Department of
3915	Children and Family Services has available matching funds to
3916	cover the costs. The general revenue funds required to match the
3917	funds for services provided by the community-based child welfare
3918	projects are limited to funds available for services described
3919	under s. 409.1671. The Department of Children and Family
3920	Services may transfer the general revenue matching funds as
3921	billed by the Agency for Health Care Administration.
3922	Section 134.  Subsections (4) and (5) of section 409.9065,
3923	Florida Statutes, are amended to read:
3924	409.9065  Pharmaceutical expense assistance.--
3925	(4)  ADMINISTRATION.--The pharmaceutical expense assistance
3926	program shall be administered by the agency, in collaboration
3927	with the Department of Elderly Affairs and the Department of
3928	Children and Family Services.
3929	(a)  The agency shall, by rule, establish for the
3930	pharmaceutical expense assistance program eligibility
3931	requirements; limits on participation; benefit limitations,
3932	including copayments; a requirement for generic drug
3933	substitution; and other program parameters comparable to those
3934	of the Medicaid program. Individuals eligible to participate in
3935	this program are not subject to the limit of four brand name
3936	drugs per month per recipient as specified in s. 409.912(40)(a).
3937	There shall be no monetary limit on prescription drugs purchased
3938	with discounts of less than 51 percent unless the agency
3939	determines there is a risk of a funding shortfall in the
3940	program. If the agency determines there is a risk of a funding
3941	shortfall, the agency may establish monetary limits on
3942	prescription drugs which shall not be less than $160 worth of
3943	prescription drugs per month.
3944	(b)  By January 1 of each year, the agency shall report to
3945	the Legislature on the operation of the program. The report
3946	shall include information on the number of individuals served,
3947	use rates, and expenditures under the program. The report shall
3948	also address the impact of the program on reducing unmet
3949	pharmaceutical drug needs among the elderly and recommend
3950	programmatic changes.
3951	(5)  NONENTITLEMENT.--The pharmaceutical expense assistance
3952	program established by this section is not an entitlement.
3953	Enrollment levels are limited to those authorized by the
3954	Legislature in the annual General Appropriations Act. If, after
3955	establishing monetary limits as required by subsection paragraph
3956	(4)(a), funds are insufficient to serve all eligible individuals
3957	seeking coverage, the agency may develop a waiting list based on
3958	application dates to use in enrolling individuals in unfilled
3959	enrollment slots.
3960	Section 135.  Section 409.91188, Florida Statutes, is
3961	amended to read:
3962	409.91188  Specialty prepaid health plans for Medicaid
3963	recipients with HIV or AIDS.--The agency for Health Care
3964	Administration is authorized to contract with specialty prepaid
3965	health plans and pay them on a prepaid capitated basis to
3966	provide Medicaid benefits to Medicaid-eligible recipients who
3967	have human immunodeficiency syndrome (HIV) or acquired
3968	immunodeficiency syndrome (AIDS). The agency shall apply for and
3969	is authorized to implement federal waivers or other necessary
3970	federal authorization to implement the prepaid health plans
3971	authorized by this section. The agency shall procure the
3972	specialty prepaid health plans through a competitive
3973	procurement. In awarding a contract to a managed care plan, the
3974	agency shall take into account price, quality, accessibility,
3975	linkages to community-based organizations, and the
3976	comprehensiveness of the benefit package offered by the plan.
3977	The agency may bid the HIV/AIDS specialty plans on a county,
3978	regional, or statewide basis. Qualified plans must be licensed
3979	under chapter 641. The agency shall monitor and evaluate the
3980	implementation of this waiver program if it is approved by the
3981	Federal Government and shall report on its status to the
3982	President of the Senate and the Speaker of the House of
3983	Representatives by February 1, 2001. To improve coordination of
3984	medical care delivery and to increase cost efficiency for the
3985	Medicaid program in treating HIV disease, the agency for Health
3986	Care Administration shall seek all necessary federal waivers to
3987	allow participation in the Medipass HIV disease management
3988	program for Medicare beneficiaries who test positive for HIV
3989	infection and who also qualify for Medicaid benefits such as
3990	prescription medications not covered by Medicare.
3991	Section 136.  Paragraphs (b) and (c) of subsection (4),
3992	subsection (5), paragraph (c) of subsection (21), subsections
3993	(29), (41), and (44), and paragraph (c) of subsection (49) of
3994	section 409.912, Florida Statutes, are amended to read:
3995	409.912  Cost-effective purchasing of health care.--The
3996	agency shall purchase goods and services for Medicaid recipients
3997	in the most cost-effective manner consistent with the delivery
3998	of quality medical care. To ensure that medical services are
3999	effectively utilized, the agency may, in any case, require a
4000	confirmation or second physician's opinion of the correct
4001	diagnosis for purposes of authorizing future services under the
4002	Medicaid program. This section does not restrict access to
4003	emergency services or poststabilization care services as defined
4004	in 42 C.F.R. part 438.114. Such confirmation or second opinion
4005	shall be rendered in a manner approved by the agency. The agency
4006	shall maximize the use of prepaid per capita and prepaid
4007	aggregate fixed-sum basis services when appropriate and other
4008	alternative service delivery and reimbursement methodologies,
4009	including competitive bidding pursuant to s. 287.057, designed
4010	to facilitate the cost-effective purchase of a case-managed
4011	continuum of care. The agency shall also require providers to
4012	minimize the exposure of recipients to the need for acute
4013	inpatient, custodial, and other institutional care and the
4014	inappropriate or unnecessary use of high-cost services. The
4015	agency may mandate prior authorization, drug therapy management,
4016	or disease management participation for certain populations of
4017	Medicaid beneficiaries, certain drug classes, or particular
4018	drugs to prevent fraud, abuse, overuse, and possible dangerous
4019	drug interactions. The Pharmaceutical and Therapeutics Committee
4020	shall make recommendations to the agency on drugs for which
4021	prior authorization is required. The agency shall inform the
4022	Pharmaceutical and Therapeutics Committee of its decisions
4023	regarding drugs subject to prior authorization. The agency is
4024	authorized to limit the entities it contracts with or enrolls as
4025	Medicaid providers by developing a provider network through
4026	provider credentialing. The agency may limit its network based
4027	on the assessment of beneficiary access to care, provider
4028	availability, provider quality standards, time and distance
4029	standards for access to care, the cultural competence of the
4030	provider network, demographic characteristics of Medicaid
4031	beneficiaries, practice and provider-to-beneficiary standards,
4032	appointment wait times, beneficiary use of services, provider
4033	turnover, provider profiling, provider licensure history,
4034	previous program integrity investigations and findings, peer
4035	review, provider Medicaid policy and billing compliance records,
4036	clinical and medical record audits, and other factors. Providers
4037	shall not be entitled to enrollment in the Medicaid provider
4038	network. The agency is authorized to seek federal waivers
4039	necessary to implement this policy.
4040	(4)  The agency may contract with:
4041	(b)  An entity that is providing comprehensive behavioral
4042	health care services to certain Medicaid recipients through a
4043	capitated, prepaid arrangement pursuant to the federal waiver
4044	provided for by s. 409.905(5). Such an entity must be licensed
4045	under chapter 624, chapter 636, or chapter 641 and must possess
4046	the clinical systems and operational competence to manage risk
4047	and provide comprehensive behavioral health care to Medicaid
4048	recipients. As used in this paragraph, the term "comprehensive
4049	behavioral health care services" means covered mental health and
4050	substance abuse treatment services that are available to
4051	Medicaid recipients. The secretary of the Department of Children
4052	and Family Services shall approve provisions of procurements
4053	related to children in the department's care or custody prior to
4054	enrolling such children in a prepaid behavioral health plan. Any
4055	contract awarded under this paragraph must be competitively
4056	procured. In developing the behavioral health care prepaid plan
4057	procurement document, the agency shall ensure that the
4058	procurement document must require requires the contractor to
4059	develop and implement a plan to ensure compliance with s.
4060	394.4574 related to services provided to residents of licensed
4061	assisted living facilities that hold a limited mental health
4062	license. Except as provided in subparagraph 6. 8., the agency
4063	shall seek federal approval to contract with a single entity
4064	meeting these requirements to provide comprehensive behavioral
4065	health care services to all Medicaid recipients not enrolled in
4066	a managed care plan in an AHCA area. Each entity must offer
4067	sufficient choice of providers in its network to ensure
4068	recipient access to care and the opportunity to select a
4069	provider with whom they are satisfied. The network shall include
4070	all public mental health hospitals. To ensure unimpaired access
4071	to behavioral health care services by Medicaid recipients, all
4072	contracts issued pursuant to this paragraph shall require 80
4073	percent of the capitation paid to the managed care plan,
4074	including health maintenance organizations, to be expended for
4075	the provision of behavioral health care services. In the event
4076	the managed care plan expends less than 80 percent of the
4077	capitation paid pursuant to this paragraph for the provision of
4078	behavioral health care services, the difference shall be
4079	returned to the agency. The agency shall provide the managed
4080	care plan with a certification letter indicating the amount of
4081	capitation paid during each calendar year for the provision of
4082	behavioral health care services pursuant to this section. The
4083	agency may reimburse for substance abuse treatment services on a
4084	fee-for-service basis until the agency finds that adequate funds
4085	are available for capitated, prepaid arrangements.
4086	1.  By January 1, 2001, the agency shall modify the
4087	contracts with the entities providing comprehensive inpatient
4088	and outpatient mental health care services to Medicaid
4089	recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
4090	Counties, to include substance abuse treatment services.
4091	2.  By July 1, 2003, the agency and the Department of
4092	Children and Family Services shall execute a written agreement
4093	that requires collaboration and joint development of all policy,
4094	budgets, procurement documents, contracts, and monitoring plans
4095	that have an impact on the state and Medicaid community mental
4096	health and targeted case management programs.
4097	1.3.  Except as provided in subparagraph 6. 8., by July 1,
4098	2006, the agency and the Department of Children and Family
4099	Services shall contract with managed care entities in each AHCA
4100	area except area 6 or arrange to provide comprehensive inpatient
4101	and outpatient mental health and substance abuse services
4102	through capitated prepaid arrangements to all Medicaid
4103	recipients who are eligible to participate in such plans under
4104	federal law and regulation. In AHCA areas where eligible
4105	individuals number less than 150,000, the agency shall contract
4106	with a single managed care plan to provide comprehensive
4107	behavioral health services to all recipients who are not
4108	enrolled in a Medicaid health maintenance organization. The
4109	agency may contract with more than one comprehensive behavioral
4110	health provider to provide care to recipients who are not
4111	enrolled in a Medicaid health maintenance organization in AHCA
4112	areas where the eligible population exceeds 150,000. Contracts
4113	for comprehensive behavioral health providers awarded pursuant
4114	to this section shall be competitively procured. Both for-profit
4115	and not-for-profit corporations shall be eligible to compete.
4116	Managed care plans contracting with the agency under subsection
4117	(3) shall provide and receive payment for the same comprehensive
4118	behavioral health benefits as provided in AHCA rules, including
4119	handbooks incorporated by reference.
4120	4.  By October 1, 2003, the agency and the department shall
4121	submit a plan to the Governor, the President of the Senate, and
4122	the Speaker of the House of Representatives which provides for
4123	the full implementation of capitated prepaid behavioral health
4124	care in all areas of the state.
4125	a.  Implementation shall begin in 2003 in those AHCA areas
4126	of the state where the agency is able to establish sufficient
4127	capitation rates.
4128	2.b.  If the agency determines that the proposed capitation
4129	rate in any area is insufficient to provide appropriate
4130	services, the agency may adjust the capitation rate to ensure
4131	that care will be available. The agency and the department may
4132	use existing general revenue to address any additional required
4133	match but may not over-obligate existing funds on an annualized
4134	basis.
4135	c.  Subject to any limitations provided for in the General
4136	Appropriations Act, the agency, in compliance with appropriate
4137	federal authorization, shall develop policies and procedures
4138	that allow for certification of local and state funds.
4139	3.5.  Children residing in a statewide inpatient
4140	psychiatric program, or in a Department of Juvenile Justice or a
4141	Department of Children and Family Services residential program
4142	approved as a Medicaid behavioral health overlay services
4143	provider shall not be included in a behavioral health care
4144	prepaid health plan or any other Medicaid managed care plan
4145	pursuant to this paragraph.
4146	4.6.  In converting to a prepaid system of delivery, the
4147	agency shall in its procurement document require an entity
4148	providing only comprehensive behavioral health care services to
4149	prevent the displacement of indigent care patients by enrollees
4150	in the Medicaid prepaid health plan providing behavioral health
4151	care services from facilities receiving state funding to provide
4152	indigent behavioral health care, to facilities licensed under
4153	chapter 395 which do not receive state funding for indigent
4154	behavioral health care, or reimburse the unsubsidized facility
4155	for the cost of behavioral health care provided to the displaced
4156	indigent care patient.
4157	5.7.  Traditional community mental health providers under
4158	contract with the Department of Children and Family Services
4159	pursuant to part IV of chapter 394, child welfare providers
4160	under contract with the Department of Children and Family
4161	Services in areas 1 and 6, and inpatient mental health providers
4162	licensed pursuant to chapter 395 must be offered an opportunity
4163	to accept or decline a contract to participate in any provider
4164	network for prepaid behavioral health services.
4165	6.8.  For fiscal year 2004-2005, all Medicaid eligible
4166	children, except children in areas 1 and 6, whose cases are open
4167	for child welfare services in the HomeSafeNet system, shall be
4168	enrolled in MediPass or in Medicaid fee-for-service and all
4169	their behavioral health care services including inpatient,
4170	outpatient psychiatric, community mental health, and case
4171	management shall be reimbursed on a fee-for-service basis.
4172	Beginning July 1, 2005, such children, who are open for child
4173	welfare services in the HomeSafeNet system, shall receive their
4174	behavioral health care services through a specialty prepaid plan
4175	operated by community-based lead agencies either through a
4176	single agency or formal agreements among several agencies. The
4177	specialty prepaid plan must result in savings to the state
4178	comparable to savings achieved in other Medicaid managed care
4179	and prepaid programs. Such plan must provide mechanisms to
4180	maximize state and local revenues. The specialty prepaid plan
4181	shall be developed by the agency and the Department of Children
4182	and Family Services. The agency is authorized to seek any
4183	federal waivers to implement this initiative.
4184	(c)  A federally qualified health center or an entity owned
4185	by one or more federally qualified health centers or an entity
4186	owned by other migrant and community health centers receiving
4187	non-Medicaid financial support from the Federal Government to
4188	provide health care services on a prepaid or fixed-sum basis to
4189	recipients. Such prepaid health care services entity must be
4190	licensed under parts I and III of chapter 641, but shall be
4191	prohibited from serving Medicaid recipients on a prepaid basis,
4192	until such licensure has been obtained. However, such an entity
4193	is exempt from s. 641.225 if the entity meets the requirements
4194	specified in subsections (16)(17) and (17)(18).
4195	(5)  By October 1, 2003, the agency and the department
4196	shall, to the extent feasible, develop a plan for implementing
4197	new Medicaid procedure codes for emergency and crisis care,
4198	supportive residential services, and other services designed to
4199	maximize the use of Medicaid funds for Medicaid-eligible
4200	recipients. The agency shall include in the agreement developed
4201	pursuant to subsection (4) a provision that ensures that the
4202	match requirements for these new procedure codes are met by
4203	certifying eligible general revenue or local funds that are
4204	currently expended on these services by the department with
4205	contracted alcohol, drug abuse, and mental health providers. The
4206	plan must describe specific procedure codes to be implemented, a
4207	projection of the number of procedures to be delivered during
4208	fiscal year 2003-2004, and a financial analysis that describes
4209	the certified match procedures, and accountability mechanisms,
4210	projects the earnings associated with these procedures, and
4211	describes the sources of state match. This plan may not be
4212	implemented in any part until approved by the Legislative Budget
4213	Commission. If such approval has not occurred by December 31,
4214	2003, the plan shall be submitted for consideration by the 2004
4215	Legislature.
4216	(20)(21)  Any entity contracting with the agency pursuant
4217	to this section to provide health care services to Medicaid
4218	recipients is prohibited from engaging in any of the following
4219	practices or activities:
4220	(c)  Granting or offering of any monetary or other valuable
4221	consideration for enrollment, except as authorized by subsection
4222	(23)(24).
4223	(28)(29)  The agency shall perform enrollments and
4224	disenrollments for Medicaid recipients who are eligible for
4225	MediPass or managed care plans. Notwithstanding the prohibition
4226	contained in paragraph (20)(21)(f), managed care plans may
4227	perform preenrollments of Medicaid recipients under the
4228	supervision of the agency or its agents. For the purposes of
4229	this section, "preenrollment" means the provision of marketing
4230	and educational materials to a Medicaid recipient and assistance
4231	in completing the application forms, but shall not include
4232	actual enrollment into a managed care plan. An application for
4233	enrollment shall not be deemed complete until the agency or its
4234	agent verifies that the recipient made an informed, voluntary
4235	choice. The agency, in cooperation with the Department of
4236	Children and Family Services, may test new marketing initiatives
4237	to inform Medicaid recipients about their managed care options
4238	at selected sites. The agency shall report to the Legislature on
4239	the effectiveness of such initiatives. The agency may contract
4240	with a third party to perform managed care plan and MediPass
4241	enrollment and disenrollment services for Medicaid recipients
4242	and is authorized to adopt rules to implement such services. The
4243	agency may adjust the capitation rate only to cover the costs of
4244	a third-party enrollment and disenrollment contract, and for
4245	agency supervision and management of the managed care plan
4246	enrollment and disenrollment contract.
4247	(40)(41)  The agency shall provide for the development of a
4248	demonstration project by establishment in Miami-Dade County of a
4249	long-term-care facility licensed pursuant to chapter 395 to
4250	improve access to health care for a predominantly minority,
4251	medically underserved, and medically complex population and to
4252	evaluate alternatives to nursing home care and general acute
4253	care for such population. Such project is to be located in a
4254	health care condominium and colocated with licensed facilities
4255	providing a continuum of care. The establishment of this project
4256	is not subject to the provisions of s. 408.036 or s. 408.039.
4257	The agency shall report its findings to the Governor, the
4258	President of the Senate, and the Speaker of the House of
4259	Representatives by January 1, 2003.
4260	(43)(44)  The Agency for Health Care Administration shall
4261	ensure that any Medicaid managed care plan as defined in s.
4262	409.9122(2)(h), whether paid on a capitated basis or a shared
4263	savings basis, is cost-effective. For purposes of this
4264	subsection, the term "cost-effective" means that a network's
4265	per-member, per-month costs to the state, including, but not
4266	limited to, fee-for-service costs, administrative costs, and
4267	case-management fees, must be no greater than the state's costs
4268	associated with contracts for Medicaid services established
4269	under subsection (3), which shall be actuarially adjusted for
4270	case mix, model, and service area. The agency shall conduct
4271	actuarially sound audits adjusted for case mix and model in
4272	order to ensure such cost-effectiveness and shall publish the
4273	audit results on its Internet website and submit the audit
4274	results annually to the Governor, the President of the Senate,
4275	and the Speaker of the House of Representatives no later than
4276	December 31 of each year. Contracts established pursuant to this
4277	subsection which are not cost-effective may not be renewed.
4278	(48)(49)  The agency shall contract with established
4279	minority physician networks that provide services to
4280	historically underserved minority patients. The networks must
4281	provide cost-effective Medicaid services, comply with the
4282	requirements to be a MediPass provider, and provide their
4283	primary care physicians with access to data and other management
4284	tools necessary to assist them in ensuring the appropriate use
4285	of services, including inpatient hospital services and
4286	pharmaceuticals.
4287	(c)  For purposes of this subsection, the term "cost-
4288	effective" means that a network's per-member, per-month costs to
4289	the state, including, but not limited to, fee-for-service costs,
4290	administrative costs, and case-management fees, must be no
4291	greater than the state's costs associated with contracts for
4292	Medicaid services established under subsection (3), which shall
4293	be actuarially adjusted for case mix, model, and service area.
4294	The agency shall conduct actuarially sound audits adjusted for
4295	case mix and model in order to ensure such cost-effectiveness
4296	and shall publish the audit results on its Internet website and
4297	submit the audit results annually to the Governor, the President
4298	of the Senate, and the Speaker of the House of Representatives
4299	no later than December 31. Contracts established pursuant to
4300	this subsection which are not cost-effective may not be renewed.
4301	Section 137.  Paragraph (a) of subsection (4) of section
4302	394.9082, Florida Statutes, is amended to read:
4303	394.9082  Behavioral health service delivery strategies.--
4304	(4)  CONTRACT FOR SERVICES.--
4305	(a)  The Department of Children and Family Services and the
4306	Agency for Health Care Administration may contract for the
4307	provision or management of behavioral health services with a
4308	managing entity in at least two geographic areas. Both the
4309	Department of Children and Family Services and the Agency for
4310	Health Care Administration must contract with the same managing
4311	entity in any distinct geographic area where the strategy
4312	operates. This managing entity shall be accountable at a minimum
4313	for the delivery of behavioral health services specified and
4314	funded by the department and the agency. The geographic area
4315	must be of sufficient size in population and have enough public
4316	funds for behavioral health services to allow for flexibility
4317	and maximum efficiency. Notwithstanding the provisions of s.
4318	409.912(4)(b)1., At least one service delivery strategy must be
4319	in one of the service districts in the catchment area of G.
4320	Pierce Wood Memorial Hospital.
4321	Section 138.  Paragraph (a) of subsection (4) of section
4322	409.9065, Florida Statutes, is amended to read:
4323	409.9065  Pharmaceutical expense assistance.--
4324	(4)  ADMINISTRATION.--The pharmaceutical expense assistance
4325	program shall be administered by the agency, in collaboration
4326	with the Department of Elderly Affairs and the Department of
4327	Children and Family Services.
4328	(a)  The agency shall, by rule, establish for the
4329	pharmaceutical expense assistance program eligibility
4330	requirements; limits on participation; benefit limitations,
4331	including copayments; a requirement for generic drug
4332	substitution; and other program parameters comparable to those
4333	of the Medicaid program. Individuals eligible to participate in
4334	this program are not subject to the limit of four brand name
4335	drugs per month per recipient as specified in s.
4336	409.912(39)(40)(a). There shall be no monetary limit on
4337	prescription drugs purchased with discounts of less than 51
4338	percent unless the agency determines there is a risk of a
4339	funding shortfall in the program. If the agency determines there
4340	is a risk of a funding shortfall, the agency may establish
4341	monetary limits on prescription drugs which shall not be less
4342	than $160 worth of prescription drugs per month.
4343	Section 139.  Subsections (1) and (2) of section 409.91196,
4344	Florida Statutes, are amended to read:
4345	409.91196  Supplemental rebate agreements; confidentiality
4346	of records and meetings.--
4347	(1)  Trade secrets, rebate amount, percent of rebate,
4348	manufacturer's pricing, and supplemental rebates which are
4349	contained in records of the Agency for Health Care
4350	Administration and its agents with respect to supplemental
4351	rebate negotiations and which are prepared pursuant to a
4352	supplemental rebate agreement under s. 409.912(39)(40)(a)7. are
4353	confidential and exempt from s. 119.07 and s. 24(a), Art. I of
4354	the State Constitution.
4355	(2)  Those portions of meetings of the Medicaid
4356	Pharmaceutical and Therapeutics Committee at which trade
4357	secrets, rebate amount, percent of rebate, manufacturer's
4358	pricing, and supplemental rebates are disclosed for discussion
4359	or negotiation of a supplemental rebate agreement under s.
4360	409.912(39)(40)(a)7. are exempt from s. 286.011 and s. 24(b),
4361	Art. I of the State Constitution.
4362	Section 140.  Subsection (4) of section 641.386, Florida
4363	Statutes, is amended to read:
4364	641.386  Agent licensing and appointment required;
4365	exceptions.--
4366	(4)  All agents and health maintenance organizations shall
4367	comply with and be subject to the applicable provisions of ss.
4368	641.309 and 409.912(20)(21), and all companies and entities
4369	appointing agents shall comply with s. 626.451, when marketing
4370	for any health maintenance organization licensed pursuant to
4371	this part, including those organizations under contract with the
4372	Agency for Health Care Administration to provide health care
4373	services to Medicaid recipients or any private entity providing
4374	health care services to Medicaid recipients pursuant to a
4375	prepaid health plan contract with the Agency for Health Care
4376	Administration.
4377	Section 141.  Section 410.0245, Florida Statutes, is
4378	repealed.
4379	Section 142.  Subsection (10) of section 410.604, Florida
4380	Statutes, is amended to read:
4381	410.604  Community care for disabled adults program; powers
4382	and duties of the department.--
4383	(10)  Beginning October 1, 1989, the department shall
4384	biennially evaluate the progress of the community care for
4385	disabled adults program and submit such evaluation to the
4386	Speaker of the House of Representatives and the President of the
4387	Senate.
4388	Section 143.  Section 411.221, Florida Statutes, is
4389	repealed.
4390	Section 144.  Paragraph (d) of subsection (5) of section
4391	411.01, Florida Statutes, as amended by chapter 2004-484, Laws
4392	of Florida, is amended to read:
4393	411.01  School readiness programs; early learning
4394	coalitions.--
4395	(5)  CREATION OF EARLY LEARNING COALITIONS.--
4396	(d)  Implementation.--
4397	1.  An early learning coalition may not implement the
4398	school readiness program until the coalition is authorized
4399	through approval of the coalition's school readiness plan by the
4400	Agency for Workforce Innovation.
4401	2.  Each early learning coalition shall develop a plan for
4402	implementing the school readiness program to meet the
4403	requirements of this section and the performance standards and
4404	outcome measures adopted by the Agency for Workforce Innovation.
4405	The plan must demonstrate how the program will ensure that each
4406	3-year-old and 4-year-old child in a publicly funded school
4407	readiness program receives scheduled activities and instruction
4408	designed to enhance the age-appropriate progress of the children
4409	in attaining the performance standards adopted by the Agency for
4410	Workforce Innovation under subparagraph (4)(d)8. Before
4411	implementing the school readiness program, the early learning
4412	coalition must submit the plan to the Agency for Workforce
4413	Innovation for approval. The Agency for Workforce Innovation may
4414	approve the plan, reject the plan, or approve the plan with
4415	conditions. The Agency for Workforce Innovation shall review
4416	school readiness plans at least annually.
4417	3.  If the Agency for Workforce Innovation determines
4418	during the annual review of school readiness plans, or through
4419	monitoring and performance evaluations conducted under paragraph
4420	(4)(l), that an early learning coalition has not substantially
4421	implemented its plan, has not substantially met the performance
4422	standards and outcome measures adopted by the agency, or has not
4423	effectively administered the school readiness program or
4424	Voluntary Prekindergarten Education Program, the Agency for
4425	Workforce Innovation may dissolve the coalition and temporarily
4426	contract with a qualified entity to continue school readiness
4427	and prekindergarten services in the coalition's county or
4428	multicounty region until the coalition is reestablished through
4429	resubmission of a school readiness plan and approval by the
4430	agency.
4431	4.  The Agency for Workforce Innovation shall adopt
4432	criteria for the approval of school readiness plans. The
4433	criteria must be consistent with the performance standards and
4434	outcome measures adopted by the agency and must require each
4435	approved plan to include the following minimum standards and
4436	provisions:
4437	a.  A sliding fee scale establishing a copayment for
4438	parents based upon their ability to pay, which is the same for
4439	all program providers, to be implemented and reflected in each
4440	program's budget.
4441	b.  A choice of settings and locations in licensed,
4442	registered, religious-exempt, or school-based programs to be
4443	provided to parents.
4444	c.  Instructional staff who have completed the training
4445	course as required in s. 402.305(2)(d)1., as well as staff who
4446	have additional training or credentials as required by the
4447	Agency for Workforce Innovation. The plan must provide a method
4448	for assuring the qualifications of all personnel in all program
4449	settings.
4450	d.  Specific eligibility priorities for children within the
4451	early learning coalition's county or multicounty region in
4452	accordance with subsection (6).
4453	e.  Performance standards and outcome measures adopted by
4454	the Agency for Workforce Innovation.
4455	f.  Payment rates adopted by the early learning coalition
4456	and approved by the Agency for Workforce Innovation. Payment
4457	rates may not have the effect of limiting parental choice or
4458	creating standards or levels of services that have not been
4459	authorized by the Legislature.
4460	g.  Systems support services, including a central agency,
4461	child care resource and referral, eligibility determinations,
4462	training of providers, and parent support and involvement.
4463	h.  Direct enhancement services to families and children.
4464	System support and direct enhancement services shall be in
4465	addition to payments for the placement of children in school
4466	readiness programs.
4467	i.  The business organization of the early learning
4468	coalition, which must include the coalition's articles of
4469	incorporation and bylaws if the coalition is organized as a
4470	corporation. If the coalition is not organized as a corporation
4471	or other business entity, the plan must include the contract
4472	with a fiscal agent. An early learning coalition may contract
4473	with other coalitions to achieve efficiency in multicounty
4474	services, and these contracts may be part of the coalition's
4475	school readiness plan.
4476	j.  Strategies to meet the needs of unique populations,
4477	such as migrant workers.
4478
4479	As part of the school readiness plan, the early learning
4480	coalition may request the Governor to apply for a waiver to
4481	allow the coalition to administer the Head Start Program to
4482	accomplish the purposes of the school readiness program. If a
4483	school readiness plan demonstrates that specific statutory goals
4484	can be achieved more effectively by using procedures that
4485	require modification of existing rules, policies, or procedures,
4486	a request for a waiver to the Agency for Workforce Innovation
4487	may be submitted as part of the plan. Upon review, the Agency
4488	for Workforce Innovation may grant the proposed modification.
4489	5.  Persons with an early childhood teaching certificate
4490	may provide support and supervision to other staff in the school
4491	readiness program.
4492	6.  An early learning coalition may not implement its
4493	school readiness plan until it submits the plan to and receives
4494	approval from the Agency for Workforce Innovation. Once the plan
4495	is approved, the plan and the services provided under the plan
4496	shall be controlled by the early learning coalition. The plan
4497	shall be reviewed and revised as necessary, but at least
4498	biennially. An early learning coalition may not implement the
4499	revisions until the coalition submits the revised plan to and
4500	receives approval from the Agency for Workforce Innovation. If
4501	the Agency for Workforce Innovation rejects a revised plan, the
4502	coalition must continue to operate under its prior approved
4503	plan.
4504	7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
4505	apply to an early learning coalition with an approved school
4506	readiness plan. To facilitate innovative practices and to allow
4507	the regional establishment of school readiness programs, an
4508	early learning coalition may apply to the Governor and Cabinet
4509	for a waiver of, and the Governor and Cabinet may waive, any of
4510	the provisions of ss. 411.223, 411.232, and 1003.54, if the
4511	waiver is necessary for implementation of the coalition's school
4512	readiness plan.
4513	8.  Two or more counties may join for purposes of planning
4514	and implementing a school readiness program.
4515	9.  An early learning coalition may, subject to approval by
4516	the Agency for Workforce Innovation as part of the coalition's
4517	school readiness plan, receive subsidized child care funds for
4518	all children eligible for any federal subsidized child care
4519	program.
4520	10.  An early learning coalition may enter into multiparty
4521	contracts with multicounty service providers in order to meet
4522	the needs of unique populations such as migrant workers.
4523	Section 145.  Paragraph (a) of subsection (3) of section
4524	411.232, Florida Statutes, is amended to read:
4525	411.232  Children's Early Investment Program.--
4526	(3)  ESSENTIAL ELEMENTS.--
4527	(a)  Initially, the program shall be directed to geographic
4528	areas where at-risk young children and their families are in
4529	greatest need because of an unfavorable combination of economic,
4530	social, environmental, and health factors, including, without
4531	limitation, extensive poverty, high crime rate, great incidence
4532	of low birthweight babies, high incidence of alcohol and drug
4533	abuse, and high rates of teenage pregnancy. The selection of a
4534	geographic site shall also consider the incidence of young
4535	children within these at-risk geographic areas who are cocaine
4536	babies, children of single mothers who receive temporary cash
4537	assistance, children of teenage parents, low birthweight babies,
4538	and very young foster children. To receive funding under this
4539	section, an agency, board, council, or provider must
4540	demonstrate:
4541	1.  Its capacity to administer and coordinate the programs
4542	and services in a comprehensive manner and provide a flexible
4543	range of services.;
4544	2.  Its capacity to identify and serve those children least
4545	able to access existing programs and case management services.;
4546	3.  Its capacity to administer and coordinate the programs
4547	and services in an intensive and continuous manner.;
4548	4.  The proximity of its facilities to young children,
4549	parents, and other family members to be served by the program,
4550	or its ability to provide offsite services.;
4551	5.  Its ability to use existing federal, state, and local
4552	governmental programs and services in implementing the
4553	investment program.;
4554	6.  Its ability to coordinate activities and services with
4555	existing public and private, state and local agencies and
4556	programs such as those responsible for health, education, social
4557	support, mental health, child care, respite care, housing,
4558	transportation, alcohol and drug abuse treatment and prevention,
4559	income assistance, employment training and placement, nutrition,
4560	and other relevant services, all the foregoing intended to
4561	assist children and families at risk.;
4562	7.  How its plan will involve project participants and
4563	community representatives in the planning and operation of the
4564	investment program.;
4565	8.  Its ability to participate in the evaluation component
4566	required in this section.; and
4567	9.  Its consistency with the strategic plan pursuant to s.
4568	411.221.
4569	Section 146.  Section 411.242, Florida Statutes, is
4570	repealed.
4571	Section 147.  Subsection (8) of section 413.402, Florida
4572	Statutes, is amended to read:
4573	413.402  Personal care attendant pilot program.--The
4574	Florida Association of Centers for Independent Living shall
4575	develop a pilot program to provide personal care attendants to
4576	persons who are eligible pursuant to subsection (1). The
4577	association shall develop memoranda of understanding with the
4578	Department of Revenue, the Brain and Spinal Cord Injury Program
4579	in the Department of Health, the Florida Medicaid program in the
4580	Agency for Health Care Administration, the Florida Endowment
4581	Foundation for Vocational Rehabilitation, and the Division of
4582	Vocational Rehabilitation of the Department of Education.
4583	(8)  No later than March 1, 2003, the association shall
4584	present to the President of the Senate and to the Speaker of the
4585	House of Representatives the implementation plan for the pilot
4586	program, a timeline for implementation, estimates of the number
4587	of participants to be served, and cost projections for each
4588	component of the pilot program. The pilot program shall be
4589	implemented beginning July 1, 2003, unless there is specific
4590	legislative action to the contrary.
4591	Section 148.  Subsection (3) of section 414.1251, Florida
4592	Statutes, is amended to read:
4593	414.1251  Learnfare program.--
4594	(3)  The department shall develop an electronic data
4595	transfer system to enable the department to collect, report, and
4596	share data accurately and efficiently. In order to ensure
4597	accountability and assess the effectiveness of the Learnfare
4598	program, the department shall compile information including, but
4599	not limited to, the number of students and families reported by
4600	school districts as out of compliance, the number of students
4601	and families sanctioned as a result, and the number of students
4602	and families reinstated after becoming compliant. The
4603	information compiled shall be submitted in the form of an annual
4604	report to the presiding officers of the Legislature by March 1.
4605	Section 149.  Section 414.14, Florida Statutes, is amended
4606	to read:
4607	414.14  Public assistance policy simplification.--To the
4608	extent possible, the department shall align the requirements for
4609	eligibility under this chapter with the food stamp program and
4610	medical assistance eligibility policies and procedures to
4611	simplify the budgeting process and reduce errors. If the
4612	department determines that s. 414.075, relating to resources, or
4613	s. 414.085, relating to income, is inconsistent with related
4614	provisions of federal law which govern the food stamp program or
4615	medical assistance, and that conformance to federal law would
4616	simplify administration of the WAGES Program or reduce errors
4617	without materially increasing the cost of the program to the
4618	state, the secretary of the department may propose a change in
4619	the resource or income requirements of the program by rule. The
4620	secretary shall provide written notice to the President of the
4621	Senate, the Speaker of the House of Representatives, and the
4622	chairpersons of the relevant committees of both houses of the
4623	Legislature summarizing the proposed modifications to be made by
4624	rule and changes necessary to conform state law to federal law.
4625	The proposed rule shall take effect 14 days after written notice
4626	is given unless the President of the Senate or the Speaker of
4627	the House of Representatives advises the secretary that the
4628	proposed rule exceeds the delegated authority of the
4629	Legislature.
4630	Section 150.  Subsection (1) of section 414.36, Florida
4631	Statutes, is amended to read:
4632	414.36  Public assistance overpayment recovery program;
4633	contracts.--
4634	(1)  The department shall develop and implement a plan for
4635	the statewide privatization of activities relating to the
4636	recovery of public assistance overpayment claims. These
4637	activities shall include, at a minimum, voluntary cash
4638	collections functions for recovery of fraudulent and
4639	nonfraudulent benefits paid to recipients of temporary cash
4640	assistance, food stamps, and aid to families with dependent
4641	children.
4642	Section 151.  Subsection (3) of section 414.391, Florida
4643	Statutes, is amended to read:
4644	414.391  Automated fingerprint imaging.--
4645	(3)  The department shall prepare, by April 1998, a plan
4646	for implementation of this program. Implementation shall begin
4647	with a pilot of the program in one or more areas of the state by
4648	November 1, 1998. Pilot evaluation results shall be used to
4649	determine the method of statewide expansion. The priority for
4650	use of the savings derived from reducing fraud through this
4651	program shall be to expand the program to other areas of the
4652	state.
4653	Section 152.  Subsection (6) of section 415.1045, Florida
4654	Statutes, is amended to read:
4655	415.1045  Photographs, videotapes, and medical
4656	examinations; abrogation of privileged communications;
4657	confidential records and documents.--
4658	(6)  WORKING AGREEMENTS.--By March 1, 2004, The department
4659	shall enter into working agreements with the jurisdictionally
4660	responsible county sheriffs' office or local police department
4661	that will be the lead agency when conducting any criminal
4662	investigation arising from an allegation of abuse, neglect, or
4663	exploitation of a vulnerable adult. The working agreement must
4664	specify how the requirements of this chapter will be met. The
4665	Office of Program Policy Analysis and Government Accountability
4666	shall conduct a review of the efficacy of the agreements and
4667	report its findings to the Legislature by March 1, 2005. For the
4668	purposes of such agreement, the jurisdictionally responsible law
4669	enforcement entity is authorized to share Florida criminal
4670	history and local criminal history information that is not
4671	otherwise exempt from s. 119.07(1) with the district personnel.
4672	A law enforcement entity entering into such agreement must
4673	comply with s. 943.0525. Criminal justice information provided
4674	by such law enforcement entity shall be used only for the
4675	purposes specified in the agreement and shall be provided at no
4676	charge. Notwithstanding any other provision of law, the
4677	Department of Law Enforcement shall provide to the department
4678	electronic access to Florida criminal justice information which
4679	is lawfully available and not exempt from s. 119.07(1), only for
4680	the purpose of protective investigations and emergency
4681	placement. As a condition of access to such information, the
4682	department shall be required to execute an appropriate user
4683	agreement addressing the access, use, dissemination, and
4684	destruction of such information and to comply with all
4685	applicable laws and rules of the Department of Law Enforcement.
4686	Section 153.  Subsection (9) of section 420.622, Florida
4687	Statutes, is amended to read:
4688	420.622  State Office on Homelessness; Council on
4689	Homelessness.--
4690	(9)  The council shall, by December 31 of each year,
4691	provide issue to the Governor, the President of the Senate, the
4692	Speaker of the House of Representatives, and the Secretary of
4693	Children and Family Services an evaluation of the executive
4694	director's performance in fulfilling the statutory duties of the
4695	office, a report summarizing the status of homelessness in the
4696	state and the council's recommendations to the office and the
4697	corresponding actions taken by the office, and any
4698	recommendations to the Legislature for reducing proposals to
4699	reduce homelessness in this state.
4700	Section 154.  Subsection (4) of section 420.623, Florida
4701	Statutes, is amended to read:
4702	420.623  Local coalitions for the homeless.--
4703	(4)  ANNUAL REPORTS.--The department shall submit to the
4704	Governor, the Speaker of the House of Representatives, and the
4705	President of the Senate, by June 30, an annual report consisting
4706	of a compilation of data collected by local coalitions, progress
4707	made in the development and implementation of local homeless
4708	assistance continuums of care plans in each district, local
4709	spending plans, programs and resources available at the local
4710	level, and recommendations for programs and funding.
4711	Section 155.  Subsection (9) of section 427.704, Florida
4712	Statutes, is amended to read:
4713	427.704  Powers and duties of the commission.--
4714	(9)  The commission shall prepare provide to the President
4715	of the Senate and to the Speaker of the House of Representatives
4716	an annual report on the operation of the telecommunications
4717	access system that shall be available on the commission's
4718	Internet website. The first report shall be provided no later
4719	than January 1, 1992, and successive reports shall be provided
4720	by January 1 of each year thereafter. Reports shall be prepared
4721	in consultation with the administrator and the advisory
4722	committee appointed pursuant to s. 427.706. The reports shall,
4723	at a minimum, briefly outline the status of developments of the
4724	telecommunications access system, the number of persons served,
4725	the call volume, revenues and expenditures, the allocation of
4726	the revenues and expenditures between provision of specialized
4727	telecommunications devices to individuals and operation of
4728	statewide relay service, other major policy or operational
4729	issues, and proposals for improvements or changes to the
4730	telecommunications access system.
4731	Section 156.  Subsection (2) of section 427.706, Florida
4732	Statutes, is amended to read:
4733	427.706  Advisory committee.--
4734	(2)  The advisory committee shall provide the expertise,
4735	experience, and perspective of persons who are hearing impaired
4736	or speech impaired to the commission and to the administrator
4737	during all phases of the development and operation of the
4738	telecommunications access system. The advisory committee shall
4739	advise the commission and the administrator on any matter
4740	relating to the quality and cost-effectiveness of the
4741	telecommunications relay service and the specialized
4742	telecommunications devices distribution system. The advisory
4743	committee may submit material for inclusion in the annual report
4744	prepared pursuant to s. 427.704 to the President of the Senate
4745	and the Speaker of the House of Representatives.
4746	Section 157.  Subsections (3) through (16) of section
4747	430.04, Florida Statutes, are amended to read:
4748	430.04  Duties and responsibilities of the Department of
4749	Elderly Affairs.--The Department of Elderly Affairs shall:
4750	(3)  Prepare and submit to the Governor, each Cabinet
4751	member, the President of the Senate, the Speaker of the House of
4752	Representatives, the minority leaders of the House and Senate,
4753	and chairpersons of appropriate House and Senate committees a
4754	master plan for policies and programs in the state related to
4755	aging. The plan must identify and assess the needs of the
4756	elderly population in the areas of housing, employment,
4757	education and training, medical care, long-term care, preventive
4758	care, protective services, social services, mental health,
4759	transportation, and long-term care insurance, and other areas
4760	considered appropriate by the department. The plan must assess
4761	the needs of particular subgroups of the population and evaluate
4762	the capacity of existing programs, both public and private and
4763	in state and local agencies, to respond effectively to
4764	identified needs. If the plan recommends the transfer of any
4765	program or service from the Department of Children and Family
4766	Services to another state department, the plan must also include
4767	recommendations that provide for an independent third-party
4768	mechanism, as currently exists in the Florida advocacy councils
4769	established in ss. 402.165 and 402.166, for protecting the
4770	constitutional and human rights of recipients of departmental
4771	services. The plan must include policy goals and program
4772	strategies designed to respond efficiently to current and
4773	projected needs. The plan must also include policy goals and
4774	program strategies to promote intergenerational relationships
4775	and activities. Public hearings and other appropriate processes
4776	shall be utilized by the department to solicit input for the
4777	development and updating of the master plan from parties
4778	including, but not limited to, the following:
4779	(a)  Elderly citizens and their families and caregivers.
4780	(b)  Local-level public and private service providers,
4781	advocacy organizations, and other organizations relating to the
4782	elderly.
4783	(c)  Local governments.
4784	(d)  All state agencies that provide services to the
4785	elderly.
4786	(e)  University centers on aging.
4787	(f)  Area agency on aging and community care for the
4788	elderly lead agencies.
4789	(3)(4)  Serve as an information clearinghouse at the state
4790	level, and assist local-level information and referral resources
4791	as a repository and means for dissemination of information
4792	regarding all federal, state, and local resources for assistance
4793	to the elderly in the areas of, but not limited to, health,
4794	social welfare, long-term care, protective services, consumer
4795	protection, education and training, housing, employment,
4796	recreation, transportation, insurance, and retirement.
4797	(4)(5)  Recommend guidelines for the development of roles
4798	for state agencies that provide services for the aging, review
4799	plans of agencies that provide such services, and relay these
4800	plans to the Governor, each Cabinet member, the President of the
4801	Senate, the Speaker of the House of Representatives, and the
4802	minority leaders of the House and Senate, and chairpersons of
4803	appropriate House and Senate committees.
4804	(5)(6)  Recommend to the Governor, each Cabinet member, the
4805	President of the Senate, the Speaker of the House of
4806	Representatives, and the minority leaders of the House and
4807	Senate, and chairpersons of appropriate House and Senate
4808	committees an organizational framework for the planning,
4809	coordination, implementation, and evaluation of programs related
4810	to aging, with the purpose of expanding and improving programs
4811	and opportunities available to the state's elderly population
4812	and enhancing a continuum of long-term care. This framework must
4813	assure that:
4814	(a)  Performance objectives are established.
4815	(b)  Program reviews are conducted statewide.
4816	(c)  Each major program related to aging is reviewed every
4817	3 years.
4818	(d)  Agency budget requests reflect the results and
4819	recommendations of such program reviews.
4820	(d)(e)  Program decisions reinforce lead to the distinctive
4821	roles established for state agencies that provide aging
4822	services.
4823	(6)(7)  Advise the Governor, each Cabinet member, the
4824	President of the Senate, the Speaker of the House of
4825	Representatives, and the minority leaders of the House and
4826	Senate, and the chairpersons of appropriate House and Senate
4827	committees regarding the need for and location of programs
4828	related to aging.
4829	(7)(8)  Review and coordinate aging research plans of all
4830	state agencies to ensure that the conformance of research
4831	objectives address to issues and needs of the state's elderly
4832	population addressed in the master plan for policies and
4833	programs related to aging. The research activities that must be
4834	reviewed and coordinated by the department include, but are not
4835	limited to, contracts with academic institutions, development of
4836	educational and training curriculums, Alzheimer's disease and
4837	other medical research, studies of long-term care and other
4838	personal assistance needs, and design of adaptive or modified
4839	living environments.
4840	(8)(9)  Review budget requests for programs related to
4841	aging to ensure the most cost-effective use of state funding for
4842	the state's elderly population prior to for compliance with the
4843	master plan for policies and programs related to aging before
4844	submission to the Governor and the Legislature.
4845	(10)  Update the master plan for policies and programs
4846	related to aging every 3 years.
4847	(11)  Review implementation of the master plan for programs
4848	and policies related to aging and annually report to the
4849	Governor, each Cabinet member, the President of the Senate, the
4850	Speaker of the House of Representatives, the minority leaders of
4851	the House and Senate, and the chairpersons of appropriate House
4852	and Senate committees the progress towards implementation of the
4853	plan.
4854	(9)(12)  Request other departments that administer programs
4855	affecting the state's elderly population to amend their plans,
4856	rules, policies, and research objectives as necessary to ensure
4857	that programs and other initiatives are coordinated and maximize
4858	the state's efforts to address the needs of the elderly conform
4859	with the master plan for policies and programs related to aging.
4860	(10)(13)  Hold public meetings regularly throughout the
4861	state for purposes of receiving information and maximizing the
4862	visibility of important issues related to aging and the elderly.
4863	(11)(14)  Conduct policy analysis and program evaluation
4864	studies assigned by the Legislature.
4865	(12)(15)  Assist the Governor, each Cabinet member, the
4866	President of the Senate, the Speaker of the House of
4867	Representatives, and the minority leaders of the House and
4868	Senate, and the chairpersons of appropriate House and Senate
4869	committees in the conduct of their responsibilities in such
4870	capacities as they consider appropriate.
4871	(13)(16)  Call upon appropriate agencies of state
4872	government for such assistance as is needed in the discharge of
4873	its duties. All agencies shall cooperate in assisting the
4874	department in carrying out its responsibilities as prescribed by
4875	this section. However, no provision of law with respect to
4876	confidentiality of information may be violated.
4877	Section 158.  Subsections (3) and (8) of section 430.502,
4878	Florida Statutes, are amended to read:
4879	430.502  Alzheimer's disease; memory disorder clinics and
4880	day care and respite care programs.--
4881	(3)  The Alzheimer's Disease Advisory Committee shall must
4882	evaluate and make recommendations to the department and the
4883	Legislature concerning the need for additional memory disorder
4884	clinics in the state. The first report will be due by December
4885	31, 1995.
4886	(8)  The department will implement the waiver program
4887	specified in subsection (7). The agency and the department shall
4888	ensure that providers are selected that have a history of
4889	successfully serving persons with Alzheimer's disease. The
4890	department and the agency shall develop specialized standards
4891	for providers and services tailored to persons in the early,
4892	middle, and late stages of Alzheimer's disease and designate a
4893	level of care determination process and standard that is most
4894	appropriate to this population. The department and the agency
4895	shall include in the waiver services designed to assist the
4896	caregiver in continuing to provide in-home care. The department
4897	shall implement this waiver program subject to a specific
4898	appropriation or as provided in the General Appropriations Act.
4899	The department and the agency shall submit their program design
4900	to the President of the Senate and the Speaker of the House of
4901	Representatives for consultation during the development process.
4902	Section 159.  Paragraph (a) of subsection (3) and paragraph
4903	(c) of subsection (4) of section 445.003, Florida Statutes, are
4904	amended to read:
4905	445.003  Implementation of the federal Workforce Investment
4906	Act of 1998.--
4907	(3)  FUNDING.--
4908	(a)  Title I, Workforce Investment Act of 1998 funds;
4909	Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
4910	based on the 5-year plan of Workforce Florida, Inc. The plan
4911	shall outline and direct the method used to administer and
4912	coordinate various funds and programs that are operated by
4913	various agencies. The following provisions shall also apply to
4914	these funds:
4915	1.  At least 50 percent of the Title I funds for Adults and
4916	Dislocated Workers that are passed through to regional workforce
4917	boards shall be allocated to Individual Training Accounts unless
4918	a regional workforce board obtains a waiver from Workforce
4919	Florida, Inc. Tuition, fees, and performance-based incentive
4920	awards paid in compliance with Florida's Performance-Based
4921	Incentive Fund Program qualify as an Individual Training Account
4922	expenditure, as do other programs developed by regional
4923	workforce boards in compliance with policies of Workforce
4924	Florida, Inc.
4925	2.  Fifteen percent of Title I funding shall be retained at
4926	the state level and shall be dedicated to state administration
4927	and used to design, develop, induce, and fund innovative
4928	Individual Training Account pilots, demonstrations, and
4929	programs. Of such funds retained at the state level, $2 million
4930	shall be reserved for the Incumbent Worker Training Program,
4931	created under subparagraph 3. Eligible state administration
4932	costs include the costs of: funding for the board and staff of
4933	Workforce Florida, Inc.; operating fiscal, compliance, and
4934	management accountability systems through Workforce Florida,
4935	Inc.; conducting evaluation and research on workforce
4936	development activities; and providing technical and capacity
4937	building assistance to regions at the direction of Workforce
4938	Florida, Inc. Notwithstanding s. 445.004, such administrative
4939	costs shall not exceed 25 percent of these funds. An amount not
4940	to exceed 75 percent of these funds shall be allocated to
4941	Individual Training Accounts and other workforce development
4942	strategies for: the Minority Teacher Education Scholars program,
4943	the Certified Teacher-Aide program, the Self-Employment
4944	Institute, and other training designed and tailored by Workforce
4945	Florida, Inc., including, but not limited to, programs for
4946	incumbent workers, displaced homemakers, nontraditional
4947	employment, empowerment zones, and enterprise zones. Workforce
4948	Florida, Inc., shall design, adopt, and fund Individual Training
4949	Accounts for distressed urban and rural communities.
4950	3.  The Incumbent Worker Training Program is created for
4951	the purpose of providing grant funding for continuing education
4952	and training of incumbent employees at existing Florida
4953	businesses. The program will provide reimbursement grants to
4954	businesses that pay for preapproved, direct, training-related
4955	costs.
4956	a.  The Incumbent Worker Training Program will be
4957	administered by Workforce Florida, Inc. Workforce Florida, Inc.,
4958	at its discretion, may contract with a private business
4959	organization to serve as grant administrator.
4960	b.  To be eligible for the program's grant funding, a
4961	business must have been in operation in Florida for a minimum of
4962	1 year prior to the application for grant funding; have at least
4963	one full-time employee; demonstrate financial viability; and be
4964	current on all state tax obligations. Priority for funding shall
4965	be given to businesses with 25 employees or fewer, businesses in
4966	rural areas, businesses in distressed inner-city areas,
4967	businesses in a qualified targeted industry, businesses whose
4968	grant proposals represent a significant upgrade in employee
4969	skills, or businesses whose grant proposals represent a
4970	significant layoff avoidance strategy.
4971	c.  All costs reimbursed by the program must be preapproved
4972	by Workforce Florida, Inc., or the grant administrator. The
4973	program will not reimburse businesses for trainee wages, the
4974	purchase of capital equipment, or the purchase of any item or
4975	service that may possibly be used outside the training project.
4976	A business approved for a grant may be reimbursed for
4977	preapproved, direct, training-related costs including tuition
4978	and fees; books and classroom materials; and overhead or
4979	indirect costs not to exceed 5 percent of the grant amount.
4980	d.  A business that is selected to receive grant funding
4981	must provide a matching contribution to the training project,
4982	including, but not limited to, wages paid to trainees or the
4983	purchase of capital equipment used in the training project; must
4984	sign an agreement with Workforce Florida, Inc., or the grant
4985	administrator to complete the training project as proposed in
4986	the application; must keep accurate records of the project's
4987	implementation process; and must submit monthly or quarterly
4988	reimbursement requests with required documentation.
4989	e.  All Incumbent Worker Training Program grant projects
4990	shall be performance-based with specific measurable performance
4991	outcomes, including completion of the training project and job
4992	retention. Workforce Florida, Inc., or the grant administrator
4993	shall withhold the final payment to the grantee until a final
4994	grant report is submitted and all performance criteria specified
4995	in the grant contract have been achieved.
4996	f.  Workforce Florida, Inc., may establish guidelines
4997	necessary to implement the Incumbent Worker Training Program.
4998	g.  No more than 10 percent of the Incumbent Worker
4999	Training Program's total appropriation may be used for overhead
5000	or indirect purposes.
5001	h.  Workforce Florida, Inc., shall submit a report to the
5002	Legislature on the financial and general operations of the
5003	Incumbent Worker Training Program as part of its annual report
5004	submitted pursuant to s. 445.004. Such report will be due before
5005	October 1 of any fiscal year for which the program is funded by
5006	the Legislature.
5007	4.  At least 50 percent of Rapid Response funding shall be
5008	dedicated to Intensive Services Accounts and Individual Training
5009	Accounts for dislocated workers and incumbent workers who are at
5010	risk of dislocation. Workforce Florida, Inc., shall also
5011	maintain an Emergency Preparedness Fund from Rapid Response
5012	funds which will immediately issue Intensive Service Accounts
5013	and Individual Training Accounts as well as other federally
5014	authorized assistance to eligible victims of natural or other
5015	disasters. At the direction of the Governor, for events that
5016	qualify under federal law, these Rapid Response funds shall be
5017	released to regional workforce boards for immediate use. Funding
5018	shall also be dedicated to maintain a unit at the state level to
5019	respond to Rapid Response emergencies around the state, to work
5020	with state emergency management officials, and to work with
5021	regional workforce boards. All Rapid Response funds must be
5022	expended based on a plan developed by Workforce Florida, Inc.,
5023	and approved by the Governor.
5024	(4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
5025	MODIFICATIONS.--
5026	(c)  Workforce Florida, Inc., may make modifications to the
5027	state's plan, policies, and procedures to comply with federally
5028	mandated requirements that in its judgment must be complied with
5029	to maintain funding provided pursuant to Pub. L. No. 105-220.
5030	The board shall notify in writing the Governor, the President of
5031	the Senate, and the Speaker of the House of Representatives
5032	within 30 days after any such changes or modifications.
5033	Section 160.  Paragraph (a) of subsection (3) of section
5034	445.004, Florida Statutes, is amended to read:
5035	445.004  Workforce Florida, Inc.; creation; purpose;
5036	membership; duties and powers.--
5037	(3)(a)  Workforce Florida, Inc., shall be governed by a
5038	board of directors, the number of directors to be determined by
5039	the Governor, whose membership and appointment must be
5040	consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
5041	contain one member representing the licensed nonpublic
5042	postsecondary educational institutions authorized as individual
5043	training account providers, one member from the staffing service
5044	industry, at least one member who is a current or former
5045	recipient of welfare transition services as defined in s.
5046	445.002(3) or workforce services as provided in s. 445.009(1),
5047	and five representatives of organized labor who shall be
5048	appointed by the Governor. Notwithstanding s. 114.05(1)(f), the
5049	Governor may appoint remaining members to Workforce Florida,
5050	Inc., from the current Workforce Development Board and the WAGES
5051	Program State Board of Directors, established pursuant to
5052	chapter 96-175, Laws of Florida, to serve on the reconstituted
5053	board. By July 1, 2000, the Workforce Development Board will
5054	provide to the Governor a transition plan to incorporate the
5055	changes required by this act and Pub. L. No. 105-220, specifying
5056	the manner of changes to the board. This plan shall govern the
5057	transition, unless otherwise notified by the Governor. The
5058	importance of minority, gender, and geographic representation
5059	shall be considered when making appointments to the board.
5060	Section 161.  Subsection (1) and paragraph (a) of
5061	subsection (6) of section 445.006, Florida Statutes, are amended
5062	to read:
5063	445.006  Strategic plan for workforce development.--
5064	(1)  Workforce Florida, Inc., in conjunction with state and
5065	local partners in the workforce system, shall develop a
5066	strategic plan for workforce, with the goal of producing skilled
5067	employees for employers in the state. The strategic plan shall
5068	be submitted to the Governor, the President of the Senate, and
5069	the Speaker of the House of Representatives by February 1, 2001.
5070	The strategic plan shall be updated or modified by January 1 of
5071	each year thereafter. The plan must include, but need not be
5072	limited to, strategies for:
5073	(a)  Fulfilling the workforce system goals and strategies
5074	prescribed in s. 445.004;
5075	(b)  Aggregating, integrating, and leveraging workforce
5076	system resources;
5077	(c)  Coordinating the activities of federal, state, and
5078	local workforce system partners;
5079	(d)  Addressing the workforce needs of small businesses;
5080	and
5081	(e)  Fostering the participation of rural communities and
5082	distressed urban cores in the workforce system.
5083	(6)(a)  The strategic plan must include strategies that are
5084	designed to prevent or reduce the need for a person to receive
5085	public assistance. These strategies must include:
5086	1.  A teen pregnancy prevention component that includes,
5087	but is not limited to, a plan for implementing the Florida
5088	Education Now and Babies Later (ENABL) program under s. 411.242
5089	and the Teen Pregnancy Prevention Community Initiative within
5090	each county of the services area in which the teen birth rate is
5091	higher than the state average;
5092	2.  A component that encourages creation of community-based
5093	welfare prevention and reduction initiatives that increase
5094	support provided by noncustodial parents to their welfare-
5095	dependent children and are consistent with program and financial
5096	guidelines developed by Workforce Florida, Inc., and the
5097	Commission on Responsible Fatherhood. These initiatives may
5098	include, but are not limited to, improved paternity
5099	establishment, work activities for noncustodial parents,
5100	programs aimed at decreasing out-of-wedlock pregnancies,
5101	encouraging involvement of fathers with their children including
5102	court-ordered supervised visitation, and increasing child
5103	support payments;
5104	3.  A component that encourages formation and maintenance
5105	of two-parent families through, among other things, court-
5106	ordered supervised visitation;
5107	4.  A component that fosters responsible fatherhood in
5108	families receiving assistance; and
5109	5.  A component that fosters provision of services that
5110	reduce the incidence and effects of domestic violence on women
5111	and children in families receiving assistance.
5112	Section 162.  Subsection (4) of section 445.022, Florida
5113	Statutes, is amended to read:
5114	445.022  Retention Incentive Training Accounts.--To promote
5115	job retention and to enable upward job advancement into higher
5116	skilled, higher paying employment, the board of directors of
5117	Workforce Florida, Inc., and regional workforce boards may
5118	assemble, from postsecondary education institutions, a list of
5119	programs and courses for participants who have become employed
5120	which promote job retention and advancement.
5121	(4)  Regional workforce boards shall report annually to the
5122	Legislature on the measurable retention and advancement success
5123	of each program provider and the effectiveness of RITAs, making
5124	recommendations for any needed changes or modifications.
5125	Section 163.  Subsection (9) of section 445.049, Florida
5126	Statutes, is amended to read:
5127	445.049  Digital Divide Council.--
5128	(9)  ANNUAL REPORT.--By March 1, 2002, the council, through
5129	the State Technology Office, shall report to the Executive
5130	Office of the Governor, the Speaker of the House of
5131	Representatives, and the President of the Senate the results of
5132	the council's monitoring, reviewing, and evaluating such
5133	programs since their inception and the council's recommendations
5134	as to whether such programs should be continued and expanded to
5135	achieve the objectives and goals stated in this section.
5136	Section 164.  Section 446.27, Florida Statutes, is
5137	repealed.
5138	Section 165.  Paragraphs (a) and (c) of subsection (4) of
5139	section 446.50, Florida Statutes, are amended to read:
5140	446.50  Displaced homemakers; multiservice programs; 3-year
5141	plan report to the Legislature; Displaced Homemaker Trust Fund
5142	created.--
5143	(4)  STATE PLAN.--
5144	(a)  The Agency for Workforce Innovation shall develop a
5145	3-year state plan for the displaced homemaker program which
5146	shall be updated annually and submitted to the President of the
5147	Senate and the Speaker of the House of Representative by January
5148	1. The plan must address, at a minimum, the need for programs
5149	specifically designed to serve displaced homemakers, any
5150	necessary service components for such programs in addition to
5151	those enumerated in this section, goals of the displaced
5152	homemaker program with an analysis of the extent to which those
5153	goals are being met, and recommendations for ways to address any
5154	unmet program goals. Any request for funds for program expansion
5155	must be based on the state plan.
5156	(c)  The 3-year state plan must be submitted to the
5157	President of the Senate, the Speaker of the House of
5158	Representatives, and the Governor on or before January 1, 2001,
5159	and annual updates of the plan must be submitted by January 1 of
5160	each subsequent year.
5161	Section 166.  Section 455.204, Florida Statutes, is
5162	repealed.
5163	Section 167.  Subsection (8) of section 455.2226, Florida
5164	Statutes, is amended to read:
5165	455.2226  Funeral directors and embalmers; instruction on
5166	HIV and AIDS.--
5167	(8)  The board shall report to the Legislature by March 1
5168	of each year as to the implementation and compliance with the
5169	requirements of this section.
5170	Section 168.  Subsections (4) and (6) of section 455.2228,
5171	Florida Statutes, are amended to read:
5172	455.2228  Barbers and cosmetologists; instruction on HIV
5173	and AIDS.--
5174	(4)  As of December 31, 1992, The board, or the department
5175	where there is no board, shall require, as a condition of
5176	granting a license under any of the chapters or parts thereof
5177	specified in subsection (1), that an applicant making initial
5178	application for licensure complete an educational course
5179	acceptable to the board, or the department where there is no
5180	board, on human immunodeficiency virus and acquired immune
5181	deficiency syndrome. An applicant who has not taken a course at
5182	the time of licensure shall, upon an affidavit showing good
5183	cause, be allowed 6 months to complete this requirement.
5184	(6)  The board, or the department where there is no board,
5185	shall report to the Legislature by March 1 of each year as to
5186	the implementation and compliance with the requirements of this
5187	section.
5188	Section 169.  Section 456.005, Florida Statutes, is amended
5189	to read:
5190	456.005  Long-range policy planning; plans, reports, and
5191	recommendations.--To facilitate efficient and cost-effective
5192	regulation, the department and the board, where appropriate,
5193	shall develop and implement a long-range policy planning and
5194	monitoring process to include recommendations specific to each
5195	profession. Such process shall include estimates of revenues,
5196	expenditures, cash balances, and performance statistics for each
5197	profession. The period covered shall not be less than 5 years.
5198	The department, with input from the boards and licensees, shall
5199	develop and adopt the long-range plan and must obtain the
5200	approval of the secretary. The department shall monitor
5201	compliance with the approved long-range plan and, with input
5202	from the boards and licensees, shall annually update the plans
5203	for approval by the secretary. The department shall provide
5204	concise management reports to the boards quarterly. As part of
5205	the review process, the department shall evaluate:
5206	(1)  Whether the department, including the boards and the
5207	various functions performed by the department, is operating
5208	efficiently and effectively and if there is a need for a board
5209	or council to assist in cost-effective regulation.
5210	(2)  How and why the various professions are regulated.
5211	(3)  Whether there is a need to continue regulation, and to
5212	what degree.
5213	(4)  Whether or not consumer protection is adequate, and
5214	how it can be improved.
5215	(5)  Whether there is consistency between the various
5216	practice acts.
5217	(6)  Whether unlicensed activity is adequately enforced.
5218
5219	Such plans should include conclusions and recommendations on
5220	these and other issues as appropriate. Such plans shall be
5221	provided to the Governor and the Legislature by November 1 of
5222	each year.
5223	Section 170.  Subsection (9) of section 456.025, Florida
5224	Statutes, is amended to read:
5225	456.025  Fees; receipts; disposition.--
5226	(9)  The department shall provide a condensed management
5227	report of revenues and expenditures budgets, finances,
5228	performance measures statistics, and recommendations to each
5229	board at least once a quarter. The department shall identify and
5230	include in such presentations any changes, or projected changes,
5231	made to the board's budget since the last presentation.
5232	Section 171.  Subsection (5) of section 456.031, Florida
5233	Statutes, is amended to read:
5234	456.031  Requirement for instruction on domestic
5235	violence.--
5236	(5)  Each board shall report to the President of the
5237	Senate, the Speaker of the House of Representatives, and the
5238	chairs of the appropriate substantive committees of the
5239	Legislature by March 1 of each year as to the implementation of
5240	and compliance with the requirements of this section.
5241	Section 172.  Subsection (8) of section 456.033, Florida
5242	Statutes, is amended to read:
5243	456.033  Requirement for instruction for certain licensees
5244	on HIV and AIDS.--
5245	(8)  The board shall report to the Legislature by March 1
5246	of each year as to the implementation and compliance with the
5247	requirements of this section.
5248	Section 173.  Subsection (6) of section 456.034, Florida
5249	Statutes, is amended to read:
5250	456.034  Athletic trainers and massage therapists;
5251	requirement for instruction on HIV and AIDS.--
5252	(6)  The board, or the department where there is no board,
5253	shall report to the Legislature by March 1 of each year as to
5254	the implementation and compliance with the requirements of this
5255	section.
5256	Section 174.  Subsections (3) and (4) of section 517.302,
5257	Florida Statutes, are amended to read:
5258	517.302  Criminal penalties; alternative fine; Anti-Fraud
5259	Trust Fund; time limitation for criminal prosecution.--
5260	(3)  In lieu of a fine otherwise authorized by law, a
5261	person who has been convicted of or who has pleaded guilty or no
5262	contest to having engaged in conduct in violation of the
5263	provisions of this chapter may be sentenced to pay a fine that
5264	does not exceed the greater of three times the gross value
5265	gained or three times the gross loss caused by such conduct,
5266	plus court costs and the costs of investigation and prosecution
5267	reasonably incurred.
5268	(4)(a)  There is created within the office a trust fund to
5269	be known as the Anti-Fraud Trust Fund. Any amounts assessed as
5270	costs of investigation and prosecution under this subsection
5271	shall be deposited in the trust fund. Funds deposited in such
5272	trust fund shall be used, when authorized by appropriation, for
5273	investigation and prosecution of administrative, civil, and
5274	criminal actions arising under the provisions of this chapter.
5275	Funds may also be used to improve the public's awareness and
5276	understanding of prudent investing.
5277	(b)  The office shall report to the Executive Office of the
5278	Governor annually by November 15, the amounts deposited into the
5279	Anti-Fraud Trust Fund during the previous fiscal year. The
5280	Executive Office of the Governor shall distribute these reports
5281	to the President of the Senate and the Speaker of the House of
5282	Representatives.
5283	(5)(4)  Criminal prosecution for offenses under this
5284	chapter is subject to the time limitations of s. 775.15.
5285	Section 175.  Section 526.3135, Florida Statutes, is
5286	repealed.
5287	Section 176.  Subsection (3) of section 531.415, Florida
5288	Statutes, is amended to read:
5289	531.415  Fees.--
5290	(3)  The department shall notify the Legislature when the
5291	fees provided in this section are no longer sufficient to cover
5292	the direct and indirect costs of tests and calibrations
5293	described in this section.
5294	Section 177.  Section 553.975, Florida Statutes, is
5295	repealed.
5296	Section 178.  Subsection (3) of section 570.0705, Florida
5297	Statutes, is amended to read:
5298	570.0705  Advisory committees.--From time to time the
5299	commissioner may appoint any advisory committee to assist the
5300	department with its duties and responsibilities.
5301	(3)  On January 1 of each year the commissioner shall
5302	submit to the President of the Senate, the Speaker of the House
5303	of Representatives, and the minority leaders of the Senate and
5304	the House of Representatives a list of each advisory committee
5305	established in the department.
5306	Section 179.  Subsection (5) of section 570.0725, Florida
5307	Statutes, is amended to read:
5308	570.0725  Food recovery; legislative intent; department
5309	functions.--
5310	(5)  The department shall account for the direct and
5311	indirect costs associated with supporting food recovery programs
5312	throughout the state. It shall submit a report to the President
5313	of the Senate and the Speaker of the House of Representatives by
5314	November 1, for the previous fiscal year, when state funds are
5315	spent for this purpose. The report must include, but need not be
5316	limited to, the identity of organizations receiving funds, the
5317	amount of funds disbursed to these organizations, other uses of
5318	food recovery funds, and estimates of the amount of fresh
5319	produce recovered.
5320	Section 180.  Subsection (3) of section 570.235, Florida
5321	Statutes, is amended to read:
5322	570.235  Pest Exclusion Advisory Committee.--
5323	(3)  The committee shall issue a report of its findings to
5324	the Commissioner of Agriculture, the Governor, the Speaker of
5325	the House of Representatives, and the President of the Senate by
5326	January 1, 2001.
5327	Section 181.  Subsection (3) of section 570.543, Florida
5328	Statutes, is amended to read:
5329	570.543  Florida Consumers' Council.--The Florida
5330	Consumers' Council in the department is created to advise and
5331	assist the department in carrying out its duties.
5332	(3)  RECOMMENDATIONS.--The council shall transmit a written
5333	summary of its legislative recommendations to the President of
5334	the Senate and the Speaker of the House of Representatives at
5335	least 60 days prior to the regular legislative session.
5336	Recommendations regarding legislation which has been filed shall
5337	be submitted within 30 days after the commencement of a
5338	legislative session.
5339	Section 182.  Subsection (5) of section 570.952, Florida
5340	Statutes, is amended to read:
5341	570.952  Florida Agriculture Center and Horse Park
5342	Authority.--
5343	(5)  The commissioner shall submit information annually to
5344	the Speaker of the House of Representatives and the President of
5345	the Senate reporting the activities of the Florida Agriculture
5346	Center and Horse Park Authority and the progress of the Florida
5347	Agriculture Center and Horse Park, including, but not limited
5348	to, pertinent planning, budgeting, and operational information
5349	concerning the authority.
5350	Section 183.  Section 603.204, Florida Statutes, is amended
5351	to read:
5352	603.204  South Florida Tropical Fruit Plan.--
5353	(1)  The Commissioner of Agriculture, in consultation with
5354	the Tropical Fruit Advisory Council, shall develop and update,
5355	at least 90 days prior to the 1991 legislative session, submit
5356	to the President of the Senate, the Speaker of the House of
5357	Representatives, and the chairs of appropriate Senate and House
5358	of Representatives committees, a South Florida Tropical Fruit
5359	Plan, which shall identify problems and constraints of the
5360	tropical fruit industry, propose possible solutions to such
5361	problems, and develop planning mechanisms for orderly growth of
5362	the industry, including:
5363	(1)(a)  Criteria for tropical fruit research, service, and
5364	management priorities.
5365	(2)(b)  Additional Proposed legislation which may be
5366	required.
5367	(3)(c)  Plans relating to other tropical fruit programs and
5368	related disciplines in the State University System.
5369	(4)(d)  Potential tropical fruit products in terms of
5370	market and needs for development.
5371	(5)(e)  Evaluation of production and fresh fruit policy
5372	alternatives, including, but not limited to, setting minimum
5373	grades and standards, promotion and advertising, development of
5374	production and marketing strategies, and setting minimum
5375	standards on types and quality of nursery plants.
5376	(6)(f)  Evaluation of policy alternatives for processed
5377	tropical fruit products, including, but not limited to, setting
5378	minimum quality standards and development of production and
5379	marketing strategies.
5380	(7)(g)  Research and service priorities for further
5381	development of the tropical fruit industry.
5382	(8)(h)  Identification of state agencies and public and
5383	private institutions concerned with research, education,
5384	extension, services, planning, promotion, and marketing
5385	functions related to tropical fruit development, and delineation
5386	of contributions and responsibilities. The recommendations in
5387	the South Florida Tropical Fruit plan relating to education or
5388	research shall be submitted to the Institute of Food and
5389	Agricultural Sciences. The recommendations relating to
5390	regulation or marketing shall be submitted to the Department of
5391	Agriculture and Consumer Services.
5392	(9)(i)  Business planning, investment potential, financial
5393	risks, and economics of production and utilization.
5394	(2)  A revision and update of the South Florida Tropical
5395	Fruit Plan shall be submitted biennially, and a progress report
5396	and budget request shall be submitted annually, to the officials
5397	specified in subsection (1).
5398	Section 184.  Paragraph (d) of subsection (6) of section
5399	627.351, Florida Statutes, is amended to read:
5400	627.351  Insurance risk apportionment plans.--
5401	(6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
5402	(d)1.  It is the intent of the Legislature that the rates
5403	for coverage provided by the corporation be actuarially sound
5404	and not competitive with approved rates charged in the admitted
5405	voluntary market, so that the corporation functions as a
5406	residual market mechanism to provide insurance only when the
5407	insurance cannot be procured in the voluntary market. Rates
5408	shall include an appropriate catastrophe loading factor that
5409	reflects the actual catastrophic exposure of the corporation.
5410	2.  For each county, the average rates of the corporation
5411	for each line of business for personal lines residential
5412	policies excluding rates for wind-only policies shall be no
5413	lower than the average rates charged by the insurer that had the
5414	highest average rate in that county among the 20 insurers with
5415	the greatest total direct written premium in the state for that
5416	line of business in the preceding year, except that with respect
5417	to mobile home coverages, the average rates of the corporation
5418	shall be no lower than the average rates charged by the insurer
5419	that had the highest average rate in that county among the 5
5420	insurers with the greatest total written premium for mobile home
5421	owner's policies in the state in the preceding year.
5422	3.  Rates for personal lines residential wind-only policies
5423	must be actuarially sound and not competitive with approved
5424	rates charged by authorized insurers. However, for personal
5425	lines residential wind-only policies issued or renewed between
5426	July 1, 2002, and June 30, 2003, the maximum premium increase
5427	must be no greater than 10 percent of the Florida Windstorm
5428	Underwriting Association premium for that policy in effect on
5429	June 30, 2002, as adjusted for coverage changes and seasonal
5430	occupancy surcharges. For personal lines residential wind-only
5431	policies issued or renewed between July 1, 2003, and June 30,
5432	2004, the corporation shall use its existing filed and approved
5433	wind-only rating and classification plans, provided, however,
5434	that the maximum premium increase must be no greater than 20
5435	percent of the premium for that policy in effect on June 30,
5436	2003, as adjusted for coverage changes and seasonal occupancy
5437	surcharges. Corporation rate manuals shall include a rate
5438	surcharge for seasonal occupancy. To ensure that personal lines
5439	residential wind-only rates effective on or after July 1, 2004,
5440	are not competitive with approved rates charged by authorized
5441	insurers, the corporation, in conjunction with the office, shall
5442	develop a wind-only ratemaking methodology, which methodology
5443	shall be contained in a rate filing made by the corporation with
5444	the office by January 1, 2004. If the office thereafter
5445	determines that the wind-only rates or rating factors filed by
5446	the corporation fail to comply with the wind-only ratemaking
5447	methodology provided for in this subsection, it shall so notify
5448	the corporation and require the corporation to amend its rates
5449	or rating factors to come into compliance within 90 days of
5450	notice from the office. The office shall report to the Speaker
5451	of the House of Representatives and the President of the Senate
5452	on the provisions of the wind-only ratemaking methodology by
5453	January 31, 2004.
5454	4.  Rates for commercial lines coverage shall not be
5455	subject to the requirements of subparagraph 2., but shall be
5456	subject to all other requirements of this paragraph and s.
5457	627.062.
5458	5.  Nothing in this paragraph shall require or allow the
5459	corporation to adopt a rate that is inadequate under s. 627.062.
5460	6.  The corporation shall certify to the office at least
5461	twice annually that its personal lines rates comply with the
5462	requirements of subparagraphs 1. and 2. If any adjustment in the
5463	rates or rating factors of the corporation is necessary to
5464	ensure such compliance, the corporation shall make and implement
5465	such adjustments and file its revised rates and rating factors
5466	with the office. If the office thereafter determines that the
5467	revised rates and rating factors fail to comply with the
5468	provisions of subparagraphs 1. and 2., it shall notify the
5469	corporation and require the corporation to amend its rates or
5470	rating factors in conjunction with its next rate filing. The
5471	office must notify the corporation by electronic means of any
5472	rate filing it approves for any insurer among the insurers
5473	referred to in subparagraph 2.
5474	7.  In addition to the rates otherwise determined pursuant
5475	to this paragraph, the corporation shall impose and collect an
5476	amount equal to the premium tax provided for in s. 624.509 to
5477	augment the financial resources of the corporation.
5478	8.a.  To assist the corporation in developing additional
5479	ratemaking methods to assure compliance with subparagraphs 1.
5480	and 4., the corporation shall appoint a rate methodology panel
5481	consisting of one person recommended by the Florida Association
5482	of Insurance Agents, one person recommended by the Professional
5483	Insurance Agents of Florida, one person recommended by the
5484	Florida Association of Insurance and Financial Advisors, one
5485	person recommended by the insurer with the highest voluntary
5486	market share of residential property insurance business in the
5487	state, one person recommended by the insurer with the second-
5488	highest voluntary market share of residential property insurance
5489	business in the state, one person recommended by an insurer
5490	writing commercial residential property insurance in this state,
5491	one person recommended by the Office of Insurance Regulation,
5492	and one board member designated by the board chairman, who shall
5493	serve as chairman of the panel.
5494	b.  By January 1, 2004, the rate methodology panel shall
5495	provide a report to the corporation of its findings and
5496	recommendations for the use of additional ratemaking methods and
5497	procedures, including the use of a rate equalization surcharge
5498	in an amount sufficient to assure that the total cost of
5499	coverage for policyholders or applicants to the corporation is
5500	sufficient to comply with subparagraph 1.
5501	c.  Within 30 days after such report, the corporation shall
5502	present to the President of the Senate, the Speaker of the House
5503	of Representatives, the minority party leaders of each house of
5504	the Legislature, and the chairs of the standing committees of
5505	each house of the Legislature having jurisdiction of insurance
5506	issues, a plan for implementing the additional ratemaking
5507	methods and an outline of any legislation needed to facilitate
5508	use of the new methods.
5509	d.  The plan must include a provision that producer
5510	commissions paid by the corporation shall not be calculated in
5511	such a manner as to include any rate equalization surcharge.
5512	However, without regard to the plan to be developed or its
5513	implementation, producer commissions paid by the corporation for
5514	each account, other than the quota share primary program, shall
5515	remain fixed as to percentage, effective rate, calculation, and
5516	payment method until January 1, 2004.
5517	8.9.  By January 1, 2004, the corporation shall develop a
5518	notice to policyholders or applicants that the rates of Citizens
5519	Property Insurance Corporation are intended to be higher than
5520	the rates of any admitted carrier and providing other
5521	information the corporation deems necessary to assist consumers
5522	in finding other voluntary admitted insurers willing to insure
5523	their property.
5524	Section 185.  Subsection (6) of section 627.64872, Florida
5525	Statutes, is amended to read:
5526	627.64872  Florida Health Insurance Plan.--
5527	(6)  INTERIM REPORT; ANNUAL REPORT.--
5528	(a)  By no later than December 1, 2004, the board shall
5529	report to the Governor, the President of the Senate, and the
5530	Speaker of the House of Representatives the results of an
5531	actuarial study conducted by the board to determine, including,
5532	but not limited to:
5533	1.  The impact the creation of the plan will have on the
5534	small group insurance market and the individual market on
5535	premiums paid by insureds. This shall include an estimate of the
5536	total anticipated aggregate savings for all small employers in
5537	the state.
5538	2.  The number of individuals the pool could reasonably
5539	cover at various funding levels, specifically, the number of
5540	people the pool may cover at each of those funding levels.
5541	3.  A recommendation as to the best source of funding for
5542	the anticipated deficits of the pool.
5543	4.  The effect on the individual and small group market by
5544	including in the Florida Health Insurance Plan persons eligible
5545	for coverage under s. 627.6487, as well as the cost of including
5546	these individuals.
5547
5548	The board shall take no action to implement the Florida Health
5549	Insurance Plan, other than the completion of the actuarial study
5550	authorized in this paragraph, until funds are appropriated for
5551	startup cost and any projected deficits.
5552	(b)  No later than December 1, 2005, and annually
5553	thereafter, the board shall submit to the Governor, the
5554	President of the Senate, the Speaker of the House of
5555	Representatives, and the substantive legislative committees of
5556	the Legislature a report which includes an independent actuarial
5557	study to determine, including, but not be limited to:
5558	(a)1.  The impact the creation of the plan has on the small
5559	group and individual insurance market, specifically on the
5560	premiums paid by insureds. This shall include an estimate of the
5561	total anticipated aggregate savings for all small employers in
5562	the state.
5563	(b)2.  The actual number of individuals covered at the
5564	current funding and benefit level, the projected number of
5565	individuals that may seek coverage in the forthcoming fiscal
5566	year, and the projected funding needed to cover anticipated
5567	increase or decrease in plan participation.
5568	(c)3.  A recommendation as to the best source of funding
5569	for the anticipated deficits of the pool.
5570	(d)4.  A summarization of the activities of the plan in the
5571	preceding calendar year, including the net written and earned
5572	premiums, plan enrollment, the expense of administration, and
5573	the paid and incurred losses.
5574	(e)5.  A review of the operation of the plan as to whether
5575	the plan has met the intent of this section.
5576
5577	The board shall take no action to implement the Florida Health
5578	Insurance Plan, other than the completion of the actuarial study
5579	authorized in this subsection, until funds are appropriated for
5580	startup costs and any projected deficits.
5581	Section 186.  Subsection (2) of section 744.7021, Florida
5582	Statutes, is amended to read:
5583	744.7021  Statewide Public Guardianship Office.--There is
5584	hereby created the Statewide Public Guardianship Office within
5585	the Department of Elderly Affairs.
5586	(2)  The executive director shall, within available
5587	resources, have oversight responsibilities for all public
5588	guardians.
5589	(a)  The executive director shall review the current public
5590	guardian programs in Florida and other states.
5591	(b)  The executive director, in consultation with local
5592	guardianship offices, shall develop statewide performance
5593	measures and standards.
5594	(c)  The executive director shall review the various
5595	methods of funding guardianship programs, the kinds of services
5596	being provided by such programs, and the demographics of the
5597	wards. In addition, the executive director shall review and make
5598	recommendations regarding the feasibility of recovering a
5599	portion or all of the costs of providing public guardianship
5600	services from the assets or income of the wards.
5601	(d)  By January 1, 2004, and by January 1 of each year
5602	thereafter, the executive director shall provide a status report
5603	and provide further recommendations to the secretary that
5604	address the need for public guardianship services and related
5605	issues.
5606	(d)(e)  The executive director may provide assistance to
5607	local governments or entities in pursuing grant opportunities.
5608	The executive director shall evaluate review and make
5609	recommendations in the annual report on the availability and
5610	efficacy of seeking Medicaid matching funds. The executive
5611	director shall diligently seek ways to use existing programs and
5612	services to meet the needs of public wards.
5613	(e)(f)  The executive director, in consultation with the
5614	Florida Guardianship Foundation, shall develop a guardianship
5615	training program curriculum that may be offered to all guardians
5616	whether public or private.
5617	(f)  The executive director shall provide an annual status
5618	report to the secretary that includes policy and legislative
5619	recommendations relating to the provision of public
5620	guardianship.
5621	Section 187.  Subsections (5) and (7) of section 744.708,
5622	Florida Statutes, are amended to read:
5623	744.708  Reports and standards.--
5624	(5)  An independent audit of each public guardian office by
5625	a qualified certified public accountant shall be conducted by an
5626	independent certified public accountant licensed under chapter
5627	473 performed at least every 2 years. The audit should include
5628	an investigation into the practices of the office for managing
5629	the person and property of the wards. A copy of the report shall
5630	be submitted to the Statewide Public Guardianship Office. In
5631	addition, the office of public guardian shall be subject to
5632	audits or examinations by the Auditor General and the Office of
5633	Program Policy Analysis and Government Accountability pursuant
5634	to law.
5635	(7)  The ratio for professional staff to wards shall be 1
5636	professional to 40 wards. The Statewide Public Guardianship
5637	Office may increase or decrease the ratio after consultation
5638	with the local public guardian and the chief judge of the
5639	circuit court. The basis of the decision to increase or decrease
5640	the prescribed ratio shall be reported in the annual report to
5641	the Governor, the President of the Senate, the Speaker of the
5642	House of Representatives, and the Chief Justice of the Supreme
5643	Court.
5644	Section 188.  Subsection (3) of section 765.5215, Florida
5645	Statutes, is amended to read:
5646	765.5215  Education program relating to anatomical
5647	gifts.--The Agency for Health Care Administration, subject to
5648	the concurrence of the Department of Highway Safety and Motor
5649	Vehicles, shall develop a continuing program to educate and
5650	inform medical professionals, law enforcement agencies and
5651	officers, high school children, state and local government
5652	employees, and the public regarding the laws of this state
5653	relating to anatomical gifts and the need for anatomical gifts.
5654	(3)  The Agency for Health Care Administration shall, no
5655	later than March 1 of each year, submit a report to the
5656	Legislature containing statistical data on the effectiveness of
5657	the program in procuring donor organs and the effect of the
5658	program on state spending for health care.
5659	Section 189.  Subsection (6) of section 768.295, Florida
5660	Statutes, is amended to read:
5661	768.295  Strategic Lawsuits Against Public Participation
5662	(SLAPP) suits by governmental entities prohibited.--
5663	(6)  In any case filed by a governmental entity which is
5664	found by a court to be in violation of this section, the
5665	governmental entity shall report such finding and provide a copy
5666	of the court's order to the Attorney General no later than 30
5667	days after such order is final. The Attorney General shall
5668	maintain a record of such court orders report any violation of
5669	this section by a governmental entity to the Cabinet, the
5670	President of the Senate, and the Speaker of the House of
5671	Representatives. A copy of such report shall be provided to the
5672	affected governmental entity.
5673	Section 190.  Paragraphs (a) and (c) of subsection (3) of
5674	section 775.084, Florida Statutes, are amended to read:
5675	775.084  Violent career criminals; habitual felony
5676	offenders and habitual violent felony offenders; three-time
5677	violent felony offenders; definitions; procedure; enhanced
5678	penalties or mandatory minimum prison terms.--
5679	(3)(a)  In a separate proceeding, the court shall determine
5680	if the defendant is a habitual felony offender or a habitual
5681	violent felony offender. The procedure shall be as follows:
5682	1.  The court shall obtain and consider a presentence
5683	investigation prior to the imposition of a sentence as a
5684	habitual felony offender or a habitual violent felony offender.
5685	2.  Written notice shall be served on the defendant and the
5686	defendant's attorney a sufficient time prior to the entry of a
5687	plea or prior to the imposition of sentence in order to allow
5688	the preparation of a submission on behalf of the defendant.
5689	3.  Except as provided in subparagraph 1., all evidence
5690	presented shall be presented in open court with full rights of
5691	confrontation, cross-examination, and representation by counsel.
5692	4.  Each of the findings required as the basis for such
5693	sentence shall be found to exist by a preponderance of the
5694	evidence and shall be appealable to the extent normally
5695	applicable to similar findings.
5696	5.  For the purpose of identification of a habitual felony
5697	offender or a habitual violent felony offender, the court shall
5698	fingerprint the defendant pursuant to s. 921.241.
5699	6.  For an offense committed on or after October 1, 1995,
5700	if the state attorney pursues a habitual felony offender
5701	sanction or a habitual violent felony offender sanction against
5702	the defendant and the court, in a separate proceeding pursuant
5703	to this paragraph, determines that the defendant meets the
5704	criteria under subsection (1) for imposing such sanction, the
5705	court must sentence the defendant as a habitual felony offender
5706	or a habitual violent felony offender, subject to imprisonment
5707	pursuant to this section unless the court finds that such
5708	sentence is not necessary for the protection of the public. If
5709	the court finds that it is not necessary for the protection of
5710	the public to sentence the defendant as a habitual felony
5711	offender or a habitual violent felony offender, the court shall
5712	provide written reasons; a written transcript of orally stated
5713	reasons is permissible, if filed by the court within 7 days
5714	after the date of sentencing. Each month, the court shall submit
5715	to the Office of Economic and Demographic Research of the
5716	Legislature the written reasons or transcripts in each case in
5717	which the court determines not to sentence a defendant as a
5718	habitual felony offender or a habitual violent felony offender
5719	as provided in this subparagraph.
5720	(c)  In a separate proceeding, the court shall determine
5721	whether the defendant is a violent career criminal with respect
5722	to a primary offense committed on or after October 1, 1995. The
5723	procedure shall be as follows:
5724	1.  Written notice shall be served on the defendant and the
5725	defendant's attorney a sufficient time prior to the entry of a
5726	plea or prior to the imposition of sentence in order to allow
5727	the preparation of a submission on behalf of the defendant.
5728	2.  All evidence presented shall be presented in open court
5729	with full rights of confrontation, cross-examination, and
5730	representation by counsel.
5731	3.  Each of the findings required as the basis for such
5732	sentence shall be found to exist by a preponderance of the
5733	evidence and shall be appealable only as provided in paragraph
5734	(d).
5735	4.  For the purpose of identification, the court shall
5736	fingerprint the defendant pursuant to s. 921.241.
5737	5.  For an offense committed on or after October 1, 1995,
5738	if the state attorney pursues a violent career criminal sanction
5739	against the defendant and the court, in a separate proceeding
5740	pursuant to this paragraph, determines that the defendant meets
5741	the criteria under subsection (1) for imposing such sanction,
5742	the court must sentence the defendant as a violent career
5743	criminal, subject to imprisonment pursuant to this section
5744	unless the court finds that such sentence is not necessary for
5745	the protection of the public. If the court finds that it is not
5746	necessary for the protection of the public to sentence the
5747	defendant as a violent career criminal, the court shall provide
5748	written reasons; a written transcript of orally stated reasons
5749	is permissible, if filed by the court within 7 days after the
5750	date of sentencing. Each month, the court shall submit to the
5751	Office of Economic and Demographic Research of the Legislature
5752	the written reasons or transcripts in each case in which the
5753	court determines not to sentence a defendant as a violent career
5754	criminal as provided in this subparagraph.
5755	Section 191.  Subsection (8) of section 790.22, Florida
5756	Statutes, is amended to read:
5757	790.22  Use of BB guns, air or gas-operated guns, or
5758	electric weapons or devices by minor under 16; limitation;
5759	possession of firearms by minor under 18 prohibited;
5760	penalties.--
5761	(8)  Notwithstanding s. 985.213 or s. 985.215(1), if a
5762	minor under 18 years of age is charged with an offense that
5763	involves the use or possession of a firearm, as defined in s.
5764	790.001, including a violation of subsection (3), or is charged
5765	for any offense during the commission of which the minor
5766	possessed a firearm, the minor shall be detained in secure
5767	detention, unless the state attorney authorizes the release of
5768	the minor, and shall be given a hearing within 24 hours after
5769	being taken into custody. At the hearing, the court may order
5770	that the minor continue to be held in secure detention in
5771	accordance with the applicable time periods specified in s.
5772	985.215(5), if the court finds that the minor meets the criteria
5773	specified in s. 985.215(2), or if the court finds by clear and
5774	convincing evidence that the minor is a clear and present danger
5775	to himself or herself or the community. The Department of
5776	Juvenile Justice shall prepare a form for all minors charged
5777	under this subsection that states the period of detention and
5778	the relevant demographic information, including, but not limited
5779	to, the sex, age, and race of the minor; whether or not the
5780	minor was represented by private counsel or a public defender;
5781	the current offense; and the minor's complete prior record,
5782	including any pending cases. The form shall be provided to the
5783	judge to be considered when determining whether the minor should
5784	be continued in secure detention under this subsection. An order
5785	placing a minor in secure detention because the minor is a clear
5786	and present danger to himself or herself or the community must
5787	be in writing, must specify the need for detention and the
5788	benefits derived by the minor or the community by placing the
5789	minor in secure detention, and must include a copy of the form
5790	provided by the department. The Department of Juvenile Justice
5791	must send the form, including a copy of any order, without
5792	client-identifying information, to the Office of Economic and
5793	Demographic Research.
5794	Section 192.  Paragraph (b) of subsection (9) of section
5795	932.7055, Florida Statutes, is amended to read:
5796	932.7055  Disposition of liens and forfeited property.--
5797	(9)
5798	(b)  The Department of Law Enforcement shall submit an
5799	annual report to the criminal justice committees of the House of
5800	Representatives and of the Senate compiling the information and
5801	data related in the semiannual reports submitted by the law
5802	enforcement agencies. The annual report shall also contain a
5803	list of law enforcement agencies which have failed to meet the
5804	reporting requirements and a summary of any action which has
5805	been taken against the noncomplying agency by the Office of the
5806	Chief Financial Officer.
5807	Section 193.  Subsection (2) of section 943.125, Florida
5808	Statutes, is amended to read:
5809	943.125  Law enforcement agency accreditation.--
5810	(2)  FEASIBILITY AND STATUS REPORT.--The Florida Sheriffs
5811	Association and the Florida Police Chiefs Association, either
5812	jointly or separately, shall report to the Speaker of the House
5813	of Representatives and the President of the Senate regarding the
5814	feasibility of a law enforcement agency accreditation program
5815	and the status of the efforts of the Florida Sheriffs
5816	Association and the Florida Police Chiefs Association to develop
5817	a law enforcement agency accreditation program as provided in
5818	this section.
5819	Section 194.  Subsection (9) of section 943.68, Florida
5820	Statutes, is amended to read:
5821	943.68  Transportation and protective services.--
5822	(9)  The department shall submit reports annually on July
5823	15 and January 15 of each year to the President of the Senate,
5824	Speaker of the House of Representatives, Governor, and members
5825	of the Cabinet, detailing all transportation and protective
5826	services provided under subsections (1), (5), and (6) within the
5827	preceding fiscal year 6 months. Each report shall include a
5828	detailed accounting of the cost of such transportation and
5829	protective services, including the names of persons provided
5830	such services and the nature of state business performed.
5831	Section 195.  Section 944.023, Florida Statutes, is amended
5832	to read:
5833	944.023  Definitions; capacity factors Comprehensive
5834	correctional master plan.--
5835	(1)  As used in this section and s. 944.0231, the term:
5836	(a)  "Criminal Justice Estimating Conference" means the
5837	Criminal Justice Estimating Conference referred to in s.
5838	216.136(5).
5839	(b)  "Total capacity" of the state correctional system
5840	means the total design capacity of all institutions and
5841	facilities in the state correctional system, which may include
5842	those facilities authorized and funded under chapter 957,
5843	increased by one-half, with the following exceptions:
5844	1.  Medical and mental health beds must remain at design
5845	capacity.
5846	2.  Community-based contracted beds must remain at design
5847	capacity.
5848	3.  The one-inmate-per-cell requirement at Florida State
5849	Prison and other maximum security facilities must be maintained
5850	pursuant to paragraph (3)(7)(a).
5851	4.  Community correctional centers and drug treatment
5852	centers must be increased by one-third.
5853	5.  A housing unit may not exceed its maximum capacity
5854	pursuant to paragraphs (3)(7)(a) and (b).
5855	6.  A number of beds equal to 5 percent of total capacity
5856	shall be deducted for management beds at institutions.
5857	(c)  "State correctional system" means the correctional
5858	system as defined in s. 944.02.
5859	(2)  The department shall develop a comprehensive
5860	correctional master plan. The master plan shall project the
5861	needs for the state correctional system for the coming 5-year
5862	period and shall be updated annually and submitted to the
5863	Governor's office and the Legislature at the same time the
5864	department submits its legislative budget request as provided in
5865	chapter 216.
5866	(3)  The purposes of the comprehensive correctional master
5867	plan shall be:
5868	(a)  To ensure that the penalties of the criminal justice
5869	system are completely and effectively administered to the
5870	convicted criminals and, to the maximum extent possible, that
5871	the criminal is provided opportunities for self-improvement and
5872	returned to freedom as a productive member of society.
5873	(b)  To the extent possible, to protect the public safety
5874	and the law-abiding citizens of this state and to carry out the
5875	laws protecting the rights of the victims of convicted
5876	criminals.
5877	(c)  To develop and maintain a humane system of punishment
5878	providing prison inmates with proper housing, nourishment, and
5879	medical attention.
5880	(d)  To provide fair and adequate compensation and benefits
5881	to the employees of the state correctional system.
5882	(e)  To the extent possible, to maximize the effective and
5883	efficient use of the principles used in private business.
5884	(f)  To provide that convicted criminals not be
5885	incarcerated for any longer period of time or in any more secure
5886	facility than is necessary to ensure adequate sanctions,
5887	rehabilitation of offenders, and protection of public safety.
5888	(4)  The comprehensive correctional master plan shall use
5889	the estimates of the Criminal Justice Estimating Conference and
5890	shall include:
5891	(a)  A plan for the decentralization of reception and
5892	classification facilities for the implementation of a systemwide
5893	diagnosis-and-evaluation capability for adult offenders. The
5894	plan shall provide for a system of psychological testing and
5895	evaluation as well as medical screening through department
5896	resources or with other public or private agencies through a
5897	purchase-of-services agreement.
5898	(b)  A plan developed by the department for the
5899	comprehensive vocational and educational training of, and
5900	treatment programs for, offenders and their evaluation within
5901	each institution, program, or facility of the department, based
5902	upon the identified needs of the offender and the requirements
5903	of the employment market.
5904	(c)  A plan contracting with local facilities and programs
5905	as short-term confinement resources of the department for
5906	offenders who are sentenced to 3 years or less, or who are
5907	within 3 years or less of their anticipated release date, and
5908	integration of detention services which have community-based
5909	programs. The plan shall designate such facilities and programs
5910	by region of the state and identify, by county, the capability
5911	for local incarceration.
5912	(d)  A detailed analysis of methods to implement
5913	diversified alternatives to institutionalization when such
5914	alternatives can be safely employed. The analysis shall include
5915	an assessment of current pretrial intervention, probation, and
5916	community control alternatives and their cost-effectiveness with
5917	regard to restitution to victims, reimbursements for cost of
5918	supervision, and subsequent violations resulting in commitments
5919	to the department. Such analysis shall also include an
5920	assessment of current use of electronic surveillance of
5921	offenders and projected potential for diverting additional
5922	categories of offenders from incarceration within the
5923	department.
5924	(e)  A detailed analysis of current incarceration rates of
5925	both the state and county correctional systems with the
5926	calculation by the department of the current and projected
5927	ratios of inmates in the correctional system, as defined in s.
5928	945.01, to the general population of the state which will serve
5929	as a basis for projecting construction needs.
5930	(f)  A plan for community-based facilities and programs for
5931	the reintegration of offenders into society whereby inmates who
5932	are being released shall receive assistance. Such assistance may
5933	be through work-release, transition assistance, release
5934	assistance stipend, contract release, postrelease special
5935	services, temporary housing, or job placement programs.
5936	(g)  A plan reflecting parity of pay or comparable economic
5937	benefits for correctional officers with that of law enforcement
5938	officers in this state, and an assessment of projected impacts
5939	on turnover rates within the department.
5940	(h)  A plan containing habitability criteria which defines
5941	when beds are available and functional for use by inmates, and
5942	containing factors which define when institutions and facilities
5943	may be added to the inventory of the state correctional system.
5944	(5)  The comprehensive correctional master plan shall
5945	project by year the total operating and capital outlay costs
5946	necessary for constructing a sufficient number of prison beds to
5947	avoid a deficiency in prison beds. Included in the master plan
5948	which projects operating and capital outlay costs shall be a
5949	siting plan which shall assess, rank, and designate appropriate
5950	sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
5951	include an assessment of the department's current capability for
5952	providing the degree of security necessary to ensure public
5953	safety and should reflect the levels of security needed for the
5954	forecasted admissions of various types of offenders based upon
5955	sentence lengths and severity of offenses. The plan shall also
5956	provide construction options for targeting violent and habitual
5957	offenders for incarceration while providing specific
5958	alternatives for the various categories of lesser offenders.
5959	(2)(6)  Institutions within the state correctional system
5960	shall have the following design capacity factors:
5961	(a)  Rooms and prison cells between 40 square feet and 90
5962	square feet, inclusive: one inmate per room or prison cell.
5963	(b)  Dormitory-style rooms and other rooms exceeding 90
5964	square feet: one inmate per 55 square feet.
5965	(c)  At institutions with rooms or cells, except to the
5966	extent that separate confinement cells have been constructed, a
5967	number of rooms or prison cells equal to 3 percent of total
5968	design capacity must be deducted from design capacity and set
5969	aside for confinement purposes.
5970	(d)  Bed count calculations used to determine design
5971	capacity shall only include beds which are functional and
5972	available for use by inmates.
5973	(3)(7)  Institutions within the state correctional system
5974	shall have the following maximum capacity factors:
5975	(a)  Rooms and prison cells between 40 square feet and 60
5976	square feet, inclusive: one inmate per room or cell. If the room
5977	or prison cell is between 60 square feet and 90 square feet,
5978	inclusive, two inmates are allowed in each room, except that one
5979	inmate per room or prison cell is allowed at Florida State
5980	Prison or any other maximum security institution or facility
5981	which may be constructed.
5982	(b)  Dormitory-style rooms and other rooms exceeding 90
5983	square feet: one inmate per 37.5 square feet. Double-bunking is
5984	generally allowed only along the outer walls of a dormitory.
5985	(c)  At institutions with rooms or cells, except to the
5986	extent that separate confinement cells have been constructed, a
5987	number of rooms or prison cells equal to 3 percent of total
5988	maximum capacity are not available for maximum capacity, and
5989	must be set aside for confinement purposes, thereby reducing
5990	maximum capacity by 6 percent since these rooms would otherwise
5991	house two inmates.
5992	(d)  A number of beds equal to 5 percent of total maximum
5993	capacity must be deducted for management at institutions.
5994	Section 196.  Paragraph (f) of subsection (3) of section
5995	944.801, Florida Statutes, is amended to read:
5996	944.801  Education for state prisoners.--
5997	(3)  The responsibilities of the Correctional Education
5998	Program shall be to:
5999	(f)  Report annual activities to the Secretary of
6000	Corrections, the Commissioner of Education, the Governor, and
6001	the Legislature.
6002	Section 197.  Subsection (10) of section 945.35, Florida
6003	Statutes, is amended to read:
6004	945.35  Requirement for education on human immunodeficiency
6005	virus, acquired immune deficiency syndrome, and other
6006	communicable diseases.--
6007	(10)  The department shall report to the Legislature by
6008	March 1 each year as to the implementation of this program and
6009	the participation by inmates and staff.
6010	Section 198.  Subsection (9) of section 958.045, Florida
6011	Statutes, is amended to read:
6012	958.045  Youthful offender basic training program.--
6013	(9)  Upon commencement of the community residential
6014	program, the department shall submit annual reports to the
6015	Governor, the President of the Senate, and the Speaker of the
6016	House of Representatives detailing the extent of implementation
6017	of the basic training program and the community residential
6018	program, and outlining future goals and any recommendation the
6019	department has for future legislative action.
6020	Section 199.  Paragraph (c) of subsection (1) of section
6021	960.045, Florida Statutes, is amended to read:
6022	960.045  Department of Legal Affairs; powers and
6023	duties.--It shall be the duty of the department to assist
6024	persons who are victims of crime.
6025	(1)  The department shall:
6026	(c)  Prepare an annual Render, prior to January 1 of each
6027	year, to the presiding officers of the Senate and House of
6028	Representatives a written report of the activities of the Crime
6029	Victims' Services Office that shall be available on the
6030	department's website.
6031	Section 200.  Paragraph (c) of subsection (8) of section
6032	985.02, Florida Statutes, is amended to read
6033	985.02  Legislative intent for the juvenile justice
6034	system.--
6035	(8)  GENDER-SPECIFIC PROGRAMMING.--
6036	(c)  The Office of Program Policy Analysis and Government
6037	Accountability shall conduct an analysis of programs for young
6038	females within the Department of Juvenile Justice. The analysis
6039	shall address the nature of young female offenders in this
6040	state, the percentage of young females who are incarcerated in
6041	the juvenile justice system for status offenses and violations
6042	of probation, and whether these young females could be better
6043	served in less costly community-based programs. In addition, the
6044	review shall analyze whether existing juvenile justice programs
6045	are designed to meet the gender-specific needs of young females
6046	and an analysis of the true cost of providing gender-specific
6047	services to young females.
6048	Section 201.  Subsections (3), (4), and (5) of section
6049	985.08, Florida Statutes, are amended to read:
6050	985.08  Information systems.--
6051	(3)  In order to assist in the integration of the
6052	information to be shared, the sharing of information obtained,
6053	the joint planning on diversion and early intervention
6054	strategies for juveniles at risk of becoming serious habitual
6055	juvenile offenders, and the intervention strategies for serious
6056	habitual juvenile offenders, a multiagency task force should be
6057	organized and utilized by the law enforcement agency or county
6058	in conjunction with the initiation of the information system
6059	described in subsections (1) and (2). The multiagency task force
6060	shall be composed of representatives of those agencies and
6061	persons providing information for the central identification
6062	file and the multiagency information sheet.
6063	(4)  This multiagency task force shall develop a plan for
6064	the information system that includes measures which identify and
6065	address any disproportionate representation of ethnic or racial
6066	minorities in the information systems and shall develop
6067	strategies that address the protection of individual
6068	constitutional rights.
6069	(3)(5)  Any law enforcement agency, or county that which
6070	implements a juvenile offender information system and the
6071	multiagency task force which maintain the information system
6072	must annually provide any information gathered during the
6073	previous year to the delinquency and gang prevention council of
6074	the judicial circuit in which the county is located. This
6075	information shall include the number, types, and patterns of
6076	delinquency tracked by the juvenile offender information system.
6077	Section 202.  Subsections (2) and (3) of section 985.3045,
6078	Florida Statutes, are amended to read:
6079	985.3045  Prevention service program; monitoring; report;
6080	uniform performance measures.--
6081	(2)  No later than January 31, 2001, the prevention service
6082	program shall submit a report to the Governor, the Speaker of
6083	the House, and the President of the Senate concerning the
6084	implementation of a statewide multiagency plan to coordinate the
6085	efforts of all state-funded programs, grants, appropriations, or
6086	activities that are designed to prevent juvenile crime,
6087	delinquency, gang membership, or status offense behaviors and
6088	all state-funded programs, grants, appropriations, or activities
6089	that are designed to prevent a child from becoming a "child in
6090	need of services," as defined in chapter 984. The report shall
6091	include a proposal for a statewide coordinated multiagency
6092	juvenile delinquency prevention policy. In preparing the report,
6093	the department shall coordinate with and receive input from each
6094	state agency or entity that receives or uses state
6095	appropriations to fund programs, grants, appropriations, or
6096	activities that are designed to prevent juvenile crime,
6097	delinquency, gang membership, status offense, or that are
6098	designed to prevent a child from becoming a "child in need of
6099	services," as defined in chapter 984. The report shall identify
6100	whether legislation will be needed to effect a statewide plan to
6101	coordinate the efforts of all state-funded programs, grants,
6102	appropriations, or activities that are designed to prevent
6103	juvenile crime, delinquency, gang membership, or status offense
6104	behaviors and all state-funded programs, grants, appropriations,
6105	or activities that are designed to prevent a child from becoming
6106	a "child in need of services," as defined in chapter 984. The
6107	report shall consider the potential impact of requiring such
6108	state-funded efforts to target at least one of the following
6109	strategies designed to prevent youth from entering or reentering
6110	the juvenile justice system and track the associated outcome
6111	data:
6112	(a)  Encouraging youth to attend school, which may include
6113	special assistance and tutoring to address deficiencies in
6114	academic performance; outcome data to reveal the number of days
6115	youth attended school while participating in the program.
6116	(b)  Engaging youth in productive and wholesome activities
6117	during nonschool hours that build positive character or instill
6118	positive values, or that enhance educational experiences;
6119	outcome data to reveal the number of youth who are arrested
6120	during nonschool hours while participating in the program.
6121	(c)  Encouraging youth to avoid the use of violence;
6122	outcome data to reveal the number of youth who are arrested for
6123	crimes involving violence while participating in the program.
6124	(d)  Assisting youth to acquire skills needed to find
6125	meaningful employment, which may include assistance in finding a
6126	suitable employer for the youth; outcome data to reveal the
6127	number of youth who obtain and maintain employment for at least
6128	180 days.
6129
6130	The department is encouraged to identify additional strategies
6131	which may be relevant to preventing youth from becoming children
6132	in need of services and to preventing juvenile crime,
6133	delinquency, gang membership and status offense behaviors. The
6134	report shall consider the feasibility of developing uniform
6135	performance measures and methodology for collecting such outcome
6136	data to be utilized by all state-funded programs, grants,
6137	appropriations, or activities that are designed to prevent
6138	juvenile crime, delinquency, gang membership, or status offense
6139	behaviors and all state-funded programs, grants, appropriations,
6140	or activities that are designed to prevent a child from becoming
6141	a "child in need of services," as defined in chapter 984. The
6142	prevention service program is encouraged to identify other
6143	issues that may be of critical importance to preventing a child
6144	from becoming a child in need of services, as defined in chapter
6145	984, or to preventing juvenile crime, delinquency, gang
6146	membership, or status offense behaviors.
6147	(2)(3)  The department shall expend funds related to the
6148	prevention of juvenile delinquency in a manner consistent with
6149	the policies expressed in ss. 984.02 and 985.02. The department
6150	shall expend said funds in a manner that maximizes public
6151	accountability and ensures the documentation of outcomes.
6152	(a)  All entities that receive or use state moneys to fund
6153	juvenile delinquency prevention services through contracts or
6154	grants with the department shall design the programs providing
6155	such services to further one or more of the following
6156	strategies: specified in paragraphs (2)(a)-(d).
6157	1.  Encouraging youth to attend school, which may include
6158	special assistance and tutoring to address deficiencies in
6159	academic performance and collecting outcome data to reveal the
6160	number of days youth attended school while participating in the
6161	program.
6162	2.  Engaging youth in productive and wholesome activities
6163	during nonschool hours that build positive character or instill
6164	positive values or that enhance educational experiences and
6165	collecting outcome data to reveal the number of youths who are
6166	arrested during nonschool hours while participating in the
6167	program.
6168	3.  Encouraging youth to avoid the use of violence and
6169	collecting outcome data to reveal the number of youths who are
6170	arrested for crimes involving violence while participating in
6171	the program.
6172	4.  Assisting youth to acquire skills needed to find
6173	meaningful employment, which may include assistance in finding a
6174	suitable employer for the youth and collecting outcome data to
6175	reveal the number of youths who obtain and maintain employment
6176	for at least 180 days.
6177	(b)  The department shall develop an outcome measure for
6178	each program strategy specified in paragraph (a) paragraphs
6179	(2)(a)-(d) that logically relates to the risk factor addressed
6180	by the strategy.
6181	(c)  All entities that receive or use state moneys to fund
6182	the juvenile delinquency prevention services through contracts
6183	or grants with the department shall, as a condition of receipt
6184	of state funds, provide the department with personal demographic
6185	information concerning all participants in the service
6186	sufficient to allow the department to verify criminal or
6187	delinquent history information, school attendance or academic
6188	information, employment information, or other requested
6189	performance information.
6190	Section 203.  Section 985.3046, Florida Statutes, is
6191	repealed.
6192	Section 204.  Subsection (5) of section 985.305, Florida
6193	Statutes, is amended to read:
6194	985.305  Early delinquency intervention program;
6195	criteria.--
6196	(5)  Not later than 18 months after the initiation of an
6197	early delinquency intervention program, the department shall
6198	prepare and submit a progress report to the chairs of the
6199	appropriate House and Senate fiscal committees and the
6200	appropriate House and Senate substantive committees on the
6201	development and implementation of the program, including:
6202	(a)  Factors determining placement of a child in the
6203	program.
6204	(b)  Services provided in each component of the program.
6205	(c)  Costs associated with each component of the program.
6206	(d)  Problems or difficulties encountered in the
6207	implementation and operation of the program.
6208	Section 205.  Subsection (1) of section 985.3155, Florida
6209	Statutes, is amended to read:
6210	985.3155  Multiagency plan for vocational education.--
6211	(1)  The Department of Juvenile Justice and the Department
6212	of Education shall, in consultation with the statewide Workforce
6213	Development Youth Council, school districts, providers, and
6214	others, jointly develop a multiagency plan for vocational
6215	education that establishes the curriculum, goals, and outcome
6216	measures for vocational programs in juvenile commitment
6217	facilities. The plan must include:
6218	(a)  Provisions for maximizing appropriate state and
6219	federal funding sources, including funds under the Workforce
6220	Investment Act and the Perkins Act;
6221	(b)  The responsibilities of both departments and all other
6222	appropriate entities; and
6223	(c)  A detailed implementation schedule.
6224
6225	The plan must be submitted to the Governor, the President of the
6226	Senate, and the Speaker of the House of Representatives by May
6227	1, 2001.
6228	Section 206.  Section 985.403, Florida Statutes, is
6229	repealed.
6230	Section 207.  Subsection (7) of section 985.412, Florida
6231	Statutes, is amended to read:
6232	985.412  Quality assurance and cost-effectiveness.--
6233	(7)  No later than November 1, 2001, the department shall
6234	submit a proposal to the Legislature concerning funding
6235	incentives and disincentives for the department and for
6236	providers under contract with the department. The
6237	recommendations for funding incentives and disincentives shall
6238	be based upon both quality assurance performance and cost-
6239	effectiveness performance. The proposal should strive to achieve
6240	consistency in incentives and disincentives for both department-
6241	operated and contractor-provided programs. The department may
6242	include recommendations for the use of liquidated damages in the
6243	proposal; however, the department is not presently authorized to
6244	contract for liquidated damages in non-hardware-secure
6245	facilities until January 1, 2002.
6246	Section 208.  Subsections (3) and (4) of section 1003.492,
6247	Florida Statutes, are amended to read:
6248	1003.492  Industry-certified career education programs.--
6249	(3)  The Department of Education shall study student
6250	performance in industry-certified career education programs. The
6251	department shall identify districts that currently operate
6252	industry-certified career education programs. The study shall
6253	examine the performance of participating students over time.
6254	Performance factors shall include, but not be limited to,
6255	graduation rates, retention rates, additional educational
6256	attainment, employment records, earnings, and industry
6257	satisfaction. The results of this study shall be submitted to
6258	the President of the Senate and the Speaker of the House of
6259	Representatives by December 31, 2004.
6260	(4)  The Department of Education shall conduct a study to
6261	determine if a cost factor should be applied to industry-
6262	certified career education programs and review the need for
6263	startup funding for the programs. The study shall be completed
6264	by December 31, 2004, and shall be submitted to the President of
6265	the Senate and the Speaker of the House of Representatives.
6266	Section 209.  Subsection (4) of section 1003.61, Florida
6267	Statutes, is amended to read:
6268	1003.61  Pilot attendance project.--It is the purpose of
6269	this section to require the Manatee County District School Board
6270	to implement a pilot project that raises the compulsory age of
6271	attendance for children from the age of 16 years to the age of
6272	18 years. The pilot project applies to each child who has not
6273	attained the age of 16 years by September 30 of the school year
6274	in which a school board policy is adopted.
6275	(4)  The district school board must evaluate the effect of
6276	its adopted policy raising the compulsory age of attendance on
6277	school attendance and on the school district's dropout rate, as
6278	well as on the costs associated with the pilot project. The
6279	school district shall report its findings to the President of
6280	the Senate, the Speaker of the House of Representatives, the
6281	minority leader of each house of the Legislature, the Governor,
6282	and the Commissioner of Education not later than August 1
6283	following each year that the pilot project is in operation.
6284	Section 210.  Subsection (6) of section 1004.50, Florida
6285	Statutes, is amended to read:
6286	1004.50  Institute on Urban Policy and Commerce.--
6287	(6)  The Governor shall submit an annual report to the
6288	Legislature on the unmet needs in the state's urban communities.
6289	Section 211.  Section 1006.0605, Florida Statutes, is
6290	repealed.
6291	Section 212.  Subsection (11) of section 1007.27, Florida
6292	Statutes, is amended to read:
6293	1007.27  Articulated acceleration mechanisms.--
6294	(11)(a)  The State Board of Education shall conduct a
6295	review of the extent to which the acceleration mechanisms
6296	authorized by this section are currently utilized by school
6297	districts and public postsecondary educational institutions and
6298	shall submit a report to the Governor and the Legislature by
6299	December 31, 2003.
6300	(b)  The report must include a summary of ongoing
6301	activities and a plan to increase and enhance the use of
6302	acceleration mechanisms as a way to shorten the length of time
6303	as well as the funding required for a student, including a
6304	student with a documented disability, to obtain a postsecondary
6305	degree.
6306	(c)  The review and plan shall address, but are not limited
6307	to, the following issues:
6308	1.  The manner in which students, including students with
6309	documented disabilities, are advised regarding the availability
6310	of acceleration mechanism options.
6311	2.  The availability of acceleration mechanism options to
6312	eligible students, including students with documented
6313	disabilities, who wish to participate.
6314	3.  The grading practices, including weighting of courses,
6315	of school districts and public postsecondary educational
6316	institutions with regard to credit earned through acceleration
6317	mechanisms.
6318	4.  The extent to which credit earned through an
6319	acceleration mechanism is used to meet the general education
6320	requirements of a public postsecondary educational institution.
6321	5.  The extent to which the secondary instruction
6322	associated with acceleration mechanism options could be offered
6323	at sites other than public K through 12 school sites to assist
6324	in meeting class size reduction needs.
6325	6.  The manner in which funding for instruction associated
6326	with acceleration mechanism options is provided.
6327	7.  The feasibility of providing students, including
6328	students with documented disabilities, the option of choosing
6329	Advanced Placement credit or College Level Examination Program
6330	(CLEP) credit as an alternative to dual enrollment credit upon
6331	completion of a dual enrollment course.
6332	Section 213.  Subsection (8) of section 1009.70, Florida
6333	Statutes, is amended to read:
6334	1009.70  Florida Education Fund.--
6335	(8)  There is created a legal education component of the
6336	Florida Education Fund to provide the opportunity for minorities
6337	to attain representation within the legal profession
6338	proportionate to their representation within the general
6339	population. The legal education component of the Florida
6340	Education Fund includes a law school program and a pre-law
6341	program.
6342	(a)  The law school scholarship program of the Florida
6343	Education Fund is to be administered by the Board of Directors
6344	of the Florida Education Fund for the purpose of increasing by
6345	200 the number of minority students enrolled in law schools in
6346	this state. Implementation of this program is to be phased in
6347	over a 3-year period.
6348	1.  The board of directors shall provide financial,
6349	academic, and other support to students selected for
6350	participation in this program from funds appropriated by the
6351	Legislature.
6352	2.  Student selection must be made in accordance with rules
6353	adopted by the board of directors for that purpose and must be
6354	based, at least in part, on an assessment of potential for
6355	success, merit, and financial need.
6356	3.  Support must be made available to students who enroll
6357	in private, as well as public, law schools in this state which
6358	are accredited by the American Bar Association.
6359	4.  Scholarships must be paid directly to the participating
6360	students.
6361	5.  Students who participate in this program must agree in
6362	writing to sit for The Florida Bar examination and, upon
6363	successful admission to The Florida Bar, to either practice law
6364	in the state for a period of time equal to the amount of time
6365	for which the student received aid, up to 3 years, or repay the
6366	amount of aid received.
6367	6.  Annually, the board of directors shall compile a report
6368	that includes a description of the selection process, an
6369	analysis of the academic progress of all scholarship recipients,
6370	and an analysis of expenditures. This report must be submitted
6371	to the President of the Senate, the Speaker of the House of
6372	Representatives, and the Governor.
6373	(b)  The minority pre-law scholarship loan program of the
6374	Florida Education Fund is to be administered by the Board of
6375	Directors of the Florida Education Fund for the purpose of
6376	increasing the opportunity of minority students to prepare for
6377	law school.
6378	1.  From funds appropriated by the Legislature, the board
6379	of directors shall provide for student fees, room, board, books,
6380	supplies, and academic and other support to selected minority
6381	undergraduate students matriculating at eligible public and
6382	independent colleges and universities in Florida.
6383	2.  Student selection must be made in accordance with rules
6384	adopted by the board of directors for that purpose and must be
6385	based, at least in part, on an assessment of potential for
6386	success, merit, and financial need.
6387	3.  To be eligible, a student must make a written agreement
6388	to enter or be accepted to enter a law school in this state
6389	within 2 years after graduation or repay the scholarship loan
6390	amount plus interest at the prevailing rate.
6391	4.  Recipients who fail to gain admission to a law school
6392	within the specified period of time, may, upon admission to law
6393	school, be eligible to have their loans canceled.
6394	5.  Minority pre-law scholarship loans shall be provided to
6395	34 minority students per year for up to 4 years each, for a
6396	total of 136 scholarship loans. To continue receipt of
6397	scholarship loans, recipients must maintain a 2.75 grade point
6398	average for the freshman year and a 3.25 grade point average
6399	thereafter. Participants must also take specialized courses to
6400	enhance competencies in English and logic.
6401	6.  The board of directors shall maintain records on all
6402	scholarship loan recipients. Participating institutions shall
6403	submit academic progress reports to the board of directors
6404	following each academic term. Annually, the board of directors
6405	shall compile a report that includes a description of the
6406	selection process, an analysis of the academic progress of all
6407	scholarship loan recipients, and an analysis of expenditures.
6408	This report must be submitted to the President of the Senate,
6409	the Speaker of the House of Representatives, and the Governor.
6410	Section 214.  Subsection (8) of section 1011.32, Florida
6411	Statutes, is amended to read:
6412	1011.32  Community College Facility Enhancement Challenge
6413	Grant Program.--
6414	(8)  By September 1 of each year, the State Board of
6415	Education shall transmit to the Governor and Legislature a list
6416	of projects which meet all eligibility requirements to
6417	participate in the Community College Facility Enhancement
6418	Challenge Grant Program and a budget request which includes the
6419	recommended schedule necessary to complete each project.
6420	Section 215.  Paragraph (p) of subsection (1) of section
6421	1011.62, Florida Statutes, is amended to read:
6422	1011.62  Funds for operation of schools.--If the annual
6423	allocation from the Florida Education Finance Program to each
6424	district for operation of schools is not determined in the
6425	annual appropriations act or the substantive bill implementing
6426	the annual appropriations act, it shall be determined as
6427	follows:
6428	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
6429	OPERATION.--The following procedure shall be followed in
6430	determining the annual allocation to each district for
6431	operation:
6432	(p)  Extended-school-year program.--It is the intent of the
6433	Legislature that students be provided additional instruction by
6434	extending the school year to 210 days or more. Districts may
6435	apply to the Commissioner of Education for funds to be used in
6436	planning and implementing an extended-school-year program. The
6437	Department of Education shall recommend to the Legislature the
6438	policies necessary for full implementation of an extended school
6439	year.
6440	Section 216.  Subsection (1) of section 1012.42, Florida
6441	Statutes, is amended to read:
6442	1012.42  Teacher teaching out-of-field.--
6443	(1)  ASSISTANCE.--Each district school board shall adopt
6444	and implement a plan to assist any teacher teaching
6445	out-of-field, and priority consideration in professional
6446	development activities shall be given to teachers who are
6447	teaching out-of-field. The district school board shall require
6448	that such teachers participate in a certification or staff
6449	development program designed to provide the teacher with the
6450	competencies required for the assigned duties. The board-
6451	approved assistance plan must include duties of administrative
6452	personnel and other instructional personnel to provide students
6453	with instructional services. Each district school board shall
6454	contact its regional workforce board, created pursuant to s.
6455	445.007, to identify resources that may assist teachers who are
6456	teaching out-of-field and who are pursuing certification.
6457	Section 217.  Subsection (13) of section 1013.03, Florida
6458	Statutes, is amended to read:
6459	1013.03  Functions of the department.--The functions of the
6460	Department of Education as it pertains to educational facilities
6461	shall include, but not be limited to, the following:
6462	(13)  By October 1, 2003, review all rules related to
6463	school construction to identify requirements that are outdated,
6464	obsolete, unnecessary, or otherwise could be amended in order to
6465	provide additional flexibility to school districts to comply
6466	with the constitutional class size maximums described in s.
6467	1003.03(1) and make recommendations concerning such rules to the
6468	State Board of Education. The State Board of Education shall act
6469	on such recommendations by December 31, 2003.
6470	Section 218.  Subsection (2) of section 20.165, Florida
6471	Statutes, is amended to read:
6472	20.165  Department of Business and Professional
6473	Regulation.--There is created a Department of Business and
6474	Professional Regulation.
6475	(2)  The following divisions of the Department of Business
6476	and Professional Regulation are established:
6477	(a)  Division of Administration.
6478	(b)  Division of Alcoholic Beverages and Tobacco.
6479	(c)  Division of Certified Public Accounting.
6480	1.  The director of the division shall be appointed by the
6481	secretary of the department, subject to approval by a majority
6482	of the Board of Accountancy.
6483	2.  The offices of the division shall be located in
6484	Gainesville.
6485	(d)  Division of Florida Land Sales, Condominiums, and
6486	Mobile Homes.
6487	(e)  Division of Hotels and Restaurants.
6488	(f)  Division of Pari-mutuel Wagering.
6489	(g)  Division of Professions and Regulation.
6490	(h)  Division of Real Estate.
6491	1.  The director of the division shall be appointed by the
6492	secretary of the department, subject to approval by a majority
6493	of the Florida Real Estate Commission.
6494	2.  The offices of the division shall be located in
6495	Orlando.
6496	(i)  Division of Service Operations Regulation.
6497	(j)  Division of Technology, Licensure, and Testing.
6498	Section 219.  Effective October 1, 2005, paragraph (a) of
6499	subsection (4) of section 20.165, Florida Statutes, as amended
6500	by section 135 of chapter 2004-301, Laws of Florida, is amended
6501	to read:
6502	20.165  Department of Business and Professional
6503	Regulation.--There is created a Department of Business and
6504	Professional Regulation.
6505	(4)(a)  The following boards are established within the
6506	Division of Professions and Regulation:
6507	1.  Board of Architecture and Interior Design, created
6508	under part I of chapter 481.
6509	2.  Florida Board of Auctioneers, created under part VI of
6510	chapter 468.
6511	3.  Barbers' Board, created under chapter 476.
6512	4.  Florida Building Code Administrators and Inspectors
6513	Board, created under part XII of chapter 468.
6514	5.  Construction Industry Licensing Board, created under
6515	part I of chapter 489.
6516	6.  Board of Cosmetology, created under chapter 477.
6517	7.  Electrical Contractors' Licensing Board, created under
6518	part II of chapter 489.
6519	8.  Board of Employee Leasing Companies, created under part
6520	XI of chapter 468.
6521	9.  Board of Landscape Architecture, created under part II
6522	of chapter 481.
6523	10.  Board of Pilot Commissioners, created under chapter
6524	310.
6525	11.  Board of Professional Engineers, created under chapter
6526	471.
6527	12.  Board of Professional Geologists, created under
6528	chapter 492.
6529	13.  Board of Professional Surveyors and Mappers, created
6530	under chapter 472.
6531	14.  Board of Veterinary Medicine, created under chapter
6532	474.
6533	Section 220.  Subsection (1) of section 309.01, Florida
6534	Statutes, is amended to read:
6535	309.01  Deposit of material in tidewater regulated.--
6536	(1)  It is not lawful for any person to discharge or cause
6537	to be discharged or deposit or cause to be deposited, in the
6538	tide or salt waters of any bay, port, harbor, or river of this
6539	state, any ballast or material of any kind other than clear
6540	stone or rock, free from gravel or pebbles, which said clear
6541	stone or rock shall be deposited or discharged only in the
6542	construction of enclosures in connection with wharves, piers,
6543	quays, jetties, or in the construction of permanent bulkheads
6544	connecting the solid and permanent portion of wharves. It is
6545	lawful to construct three characters of bulkheads for retention
6546	of material in solid wharves. First, clear stone or rock
6547	enclosures, or bulkheads, may be built upon all sides to a
6548	height not less than 21/2 feet above high watermark; and after
6549	the enclosures have been made so solid, tight, and permanent as
6550	to prevent any sand, mud, gravel, or other material that may be
6551	discharged or deposited in them from drifting or escaping
6552	through such enclosures, any kind of ballast may be discharged
6553	or deposited within the enclosures. The enclosures may be
6554	constructed of wood, stone, and rock combined, the stone and
6555	rocks to be placed on the outside of the wood to a height not
6556	less at any point than 21/2 feet above high watermark. Second, a
6557	bulkhead may be built by a permanent wharf consisting of
6558	thoroughly creosoted piles not less than 12 inches in diameter
6559	at the butt end, to be driven close together and to be capped
6560	with timber not less than 10 or 14 inches drift, bolted to each
6561	pile, and one or more longitudinal stringers to be placed on the
6562	outside of the bulkhead and securely anchored by means of iron
6563	rods to piles driven within the bulkheads, clear rock to be on
6564	the inside of the bulkhead, to a height of not less than 21/2
6565	feet above high water; and after this is done, ballast or other
6566	material may be deposited within the permanent enclosure so
6567	constructed. Third, a bulkhead may be constructed to consist of
6568	creosoted piles, as described herein, driven not exceeding 4
6569	feet apart from center to center, inside of which two or more
6570	longitudinal stringers may be placed and securely bolted to the
6571	piles. Inside of these longitudinal pieces, two thicknesses of
6572	creosoted sheet piling are to be driven, each course of the
6573	sheet piling to make a joint with the other so as to form an
6574	impenetrable wharf; and within this permanent bulkhead so
6575	constructed, any ballast or other material may be deposited. No
6576	such enclosure, pier, quay, or jetty shall be begun until the
6577	point whereat it is to be built shall have been connected by a
6578	substantial wharf with a shore or with a permanent wharf; except
6579	that the owners of wharves may at any time, with the consent of
6580	the Board of Pilot Commissioners of the Division of Professions
6581	of the Department of Business and Professional Regulation, build
6582	wharves of clear stone or rock, or creosoted walls as
6583	hereinafter provided, on each side of their wharves from the
6584	shore to a point at which the water is not more than 15 feet
6585	deep, and when such walls have attained a height of 21/2 feet
6586	above high watermark and have been securely closed at the
6587	deepwater end by stone or creosoted walls of the same height,
6588	any kind of ballast may be deposited in them. Nothing contained
6589	in this section shall interfere with any rights or privileges
6590	now enjoyed by riparian owners. While this section empowers
6591	those who desire to construct the several characters of wharves,
6592	piers, quays, jetties, and bulkheads provided for and described
6593	herein, nothing in this section shall be so construed as to
6594	require any person not desiring to construct a permanent wharf
6595	by filling up with ballast, stone, or other material to
6596	construct under the specifications contained herein; and nothing
6597	in this chapter shall be so construed as to prevent any person
6598	from constructing any wharf or placing any pilings, logs, or
6599	lumber in any waters where the person would have heretofore had
6600	the right so to do.
6601	Section 221.  Subsection (1) of section 310.011, Florida
6602	Statutes, is amended to read:
6603	310.011  Board of Pilot Commissioners.--
6604	(1)  A board is established within the Division of
6605	Professions and Regulation of the Department of Business and
6606	Professional Regulation to be known as the Board of Pilot
6607	Commissioners. The board shall be composed of 10 members, to be
6608	appointed by the Governor, 5 of whom shall be licensed state
6609	pilots actively practicing their profession. The board shall
6610	perform such duties and possess and exercise such powers
6611	relative to the protection of the waters, harbors, and ports of
6612	this state as are prescribed and conferred on it in this
6613	chapter.
6614	Section 222.  Subsections (1) and (6) of section 455.01,
6615	Florida Statutes, are amended to read:
6616	455.01  Definitions.--As used in this chapter, the term:
6617	(1)  "Board" means any board or commission, or other
6618	statutorily created entity to the extent such entity is
6619	authorized to exercise regulatory or rulemaking functions,
6620	within the department, including the Florida Real Estate
6621	Commission; except that, for ss. 455.201-455.245, "board" means
6622	only a board, or other statutorily created entity to the extent
6623	such entity is authorized to exercise regulatory or rulemaking
6624	functions, within the Division of Certified Public Accounting,
6625	the Division of Professions and Regulation, or the Division of
6626	Real Estate.
6627	(6)  "Profession" means any activity, occupation,
6628	profession, or vocation regulated by the department in the
6629	Divisions of Certified Public Accounting, Professions and
6630	Regulation, and Real Estate, and Regulation.
6631	Section 223.  Paragraph (a) of subsection (1) of section
6632	455.217, Florida Statutes, is amended to read:
6633	455.217  Examinations.--This section shall be read in
6634	conjunction with the appropriate practice act associated with
6635	each regulated profession under this chapter.
6636	(1)  The Division of Service Operations Technology,
6637	Licensure, and Testing of the Department of Business and
6638	Professional Regulation shall provide, contract, or approve
6639	services for the development, preparation, administration,
6640	scoring, score reporting, and evaluation of all examinations.
6641	The division shall seek the advice of the appropriate board in
6642	providing such services.
6643	(a)  The department, acting in conjunction with the
6644	Division of Service Operations Technology, Licensure, and
6645	Testing and the Division of Real Estate, as appropriate, shall
6646	ensure that examinations adequately and reliably measure an
6647	applicant's ability to practice the profession regulated by the
6648	department. After an examination developed or approved by the
6649	department has been administered, the board or department may
6650	reject any question which does not reliably measure the general
6651	areas of competency specified in the rules of the board or
6652	department, when there is no board. The department shall use
6653	professional testing services for the development, preparation,
6654	and evaluation of examinations, when such services are available
6655	and approved by the board.
6656	Section 224.  Except as otherwise provided herein, this act
6657	shall take effect upon becoming a law.

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