Senate Bill sb2546
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
By Senator Haridopolos
26-1315-05
1 A bill to be entitled
2 An act relating to obsolete or outdated agency
3 plans, reports, and programs; repealing s.
4 14.25, F.S., relating to the Florida State
5 Commission on Hispanic Affairs; amending s.
6 14.26, F.S.; revising reporting requirements of
7 the Citizen's Assistance Office; repealing s.
8 14.27, F.S., relating to the Florida Commission
9 of African-American Affairs; repealing s.
10 16.58, F.S., relating to the Florida Legal
11 Resource Center; amending s. 17.32, F.S.;
12 revising the recipients of the annual report of
13 trust funds by the Chief Financial Officer;
14 amending s. 17.325, F.S.; deleting a reporting
15 requirement relating to the governmental
16 efficiency hotline; amending s. 20.057, F.S.;
17 deleting a reporting requirement of the
18 Governor relating to interagency agreements to
19 delete duplication of inspections; amending s.
20 20.19, F.S.; deleting provisions relating to
21 planning by the Department of Children and
22 Family Services; deleting provisions relating
23 to planning in service districts of the
24 department; amending s. 20.315, F.S.; revising
25 provisions relating to planning functions of
26 the Florida Corrections Commission; repealing
27 s. 20.316(4)(e), (f), and (g), F.S.; deleting
28 provisions relating to information systems of
29 the Department of Juvenile Justice; amending s.
30 20.43, F.S.; revising provisions relating to
31 planning by the Department of Health; amending
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 s. 39.001, F.S.; revising provisions relating
2 to planning by the Department of Children and
3 Family Services; amending s. 39.3065, F.S.;
4 deleting certain provisions relating to
5 evaluations and reports of child protective
6 investigative services; amending s. 39.4086,
7 F.S.; deleting provisions relating to a report
8 by the State Courts Administrator on a guardian
9 ad litem program for dependent children;
10 repealing s. 39.523(5), F.S.; deleting
11 provisions relating to a report on placement of
12 children in licensed residential group care;
13 amending s. 98.255, F.S.; deleting provisions
14 relating to a report on the effectiveness of
15 voter education programs; repealing s.
16 106.22(10), F.S.; deleting a provision relating
17 to a report by the Division of Elections;
18 amending s. 110.1227, F.S.; revising provisions
19 relating to a report by the board of directors
20 of the Florida Long-Term Care Plan; amending s.
21 120.542, F.S.; deleting provisions relating to
22 reports of petitions filed for variances to
23 agency rules; amending s. 120.60, F.S.;
24 deleting a provision relating to filing of
25 notice and certification of an agency's intent
26 to grant or deny a license; amending s.
27 120.695, F.S.; deleting obsolete provisions
28 relating to agency review of rules; amending s.
29 120.74, F.S.; deleting provisions relating to
30 an agency report of review and revision of
31 rules; amending s. 121.45, F.S.; deleting
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 provisions relating to reports on interstate
2 compacts relating to pension portability;
3 repealing s. 153.952, F.S., relating to
4 legislative findings and intent on privately
5 owned wastewater systems and facilities;
6 amending s. 161.053, F.S.; deleting a provision
7 relating to a report on the coastal
8 construction control line; amending s. 161.161,
9 F.S.; deleting a provision requiring a report
10 on funding for beach erosion control; repealing
11 s. 163.2526, F.S., relating to a review and
12 evaluation of urban infill; amending s.
13 163.3167, F.S.; deleting provisions relating to
14 local government comprehensive plans; amending
15 s. 163.3177, F.S.; revising requirements for
16 comprehensive plans; amending s. 163.3178,
17 F.S.; deleting a duty of the Coastal Resources
18 Interagency Management Committee to submit
19 certain recommendations; repealing s.
20 163.519(12), F.S.; deleting a requirement of a
21 report on neighborhood improvement districts by
22 the Department of Legal Affairs; repealing s.
23 186.007(9), F.S.; deleting provisions relating
24 to a committee to recommend to the Governor
25 changes in the state comprehensive plan;
26 amending s. 186.022, F.S.; deleting a reference
27 to the Criminal and Juvenile Justice
28 Information Systems Council; amending ss.
29 189.4035, 189.412, F.S.; revising requirements
30 relating to dissemination of the official list
31 of special districts; amending s. 194.034,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 F.S.; deleting a requirement that the
2 Department of Revenue be notified of certain
3 value adjustment board decisions; amending s.
4 206.606, F.S.; revising provisions relating to
5 a report on the Florida Boating Improvement
6 Program; amending s. 212.054, F.S.; deleting
7 the requirement of a report on costs of
8 administering the discretionary sales surtax;
9 amending s. 212.08, F.S.; deleting a
10 requirement for a report on the sales tax
11 exemption for machinery and equipment used in
12 semiconductor, defense, or space technology
13 production and research and development;
14 repealing s. 213.0452, F.S., relating to a
15 report on the structure of the Department of
16 Revenue; repealing s. 213.054, F.S., relating
17 to monitoring and reporting on persons claiming
18 tax exemptions; repealing s. 215.5601(5)(f),
19 F.S.; deleting provisions relating to duties of
20 the Governor with respect to the Lawton Chiles
21 Endowment Fund; amending s. 215.70, F.S.;
22 requiring the State Board of Administration to
23 report to the Governor when funds need to be
24 appropriated to honor the full faith and credit
25 of the state; amending s. 216.011, F.S.;
26 redefining the term "long-range program plan";
27 amending s. 216.013, F.S.; revising
28 requirements with respect to long-range program
29 plans; repealing s. 216.103, F.S., relating to
30 agencies receiving federal funds; repealing s.
31 216.172, F.S., relating to meetings of
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 legislative appropriations committees;
2 repealing s. 216.181(10)(c), F.S.; deleting
3 provisions relating to reports of filled and
4 vacant positions and salaries; repealing s.
5 216.1825, F.S., relating to zero-based
6 budgeting; amending s. 252.55, F.S.; revising
7 certain reporting requirements relating to the
8 Civil Air Patrol; amending s. 253.7825, F.S.;
9 deleting provisions relating to the plan for
10 the Cross Florida Greenways State Recreation
11 and Conservation Area; repealing s. 253.7826,
12 F.S., relating to Cross Florida Barge Canal
13 structures; repealing s. 253.7829, F.S.,
14 relating to a management plan for retention or
15 disposition of Cross Florida Barge Canal lands;
16 amending s. 259.037, F.S.; revising provisions
17 relating to a report of the Land Management
18 Uniform Accounting Council; repealing s.
19 265.56, F.S., relating to an annual report by
20 the Department of State; repealing s.
21 267.074(4), F.S.; deleting provisions relating
22 to a plan for the State Historical Marker
23 Program; repealing s. 272.121, F.S., relating
24 to Capitol Center long-range planning;
25 repealing s. 282.102(28), F.S.; deleting a
26 requirement for a report by the State
27 Technology Office; repealing s. 284.50(3),
28 F.S.; deleting a requirement for a report by
29 the Interagency Advisory Council on Loss
30 Prevention and department heads; repealing s.
31 287.045(11), F.S.; deleting a requirement for
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 reports on use of recycled products; amending
2 s. 287.059, F.S.; deleting a requirement for
3 reporting proposed fee schedules for private
4 attorney services for the Attorney General's
5 office; repealing s. 287.16(10), F.S.; deleting
6 a requirement of a report on aircraft use by
7 the Department of Management Services;
8 repealing s. 288.1045(6)(d), F.S.; deleting a
9 requirement for a report by the Office of
10 Tourism, Trade, and Economic Development on the
11 defense contractor tax refund program;
12 repealing s. 288.108(7), F.S.; deleting a
13 requirement for a report by the Office of
14 Tourism, Trade, and Economic Development on
15 high-impact businesses; repealing s. 288.1185,
16 F.S., relating to the Recycling Markets
17 Advisory Committee; amending s. 288.1226, F.S.;
18 deleting a requirement for the Office of
19 Tourism, Trade, and Economic Development to
20 certify operations of the Florida Tourism
21 Industry Marketing Corporation; amending s.
22 288.1229, F.S.; revising duties of the
23 direct-support organization to support
24 sports-related industries and amateur
25 athletics; repealing s. 288.7015(4), F.S.;
26 deleting a requirement for a report by the
27 rules ombudsman in the Executive Office of the
28 Governor; amending s. 288.7771, F.S.; revising
29 a reporting requirement of the Florida Export
30 Finance Corporation; repealing s. 288.8175(8),
31 (10), and (11), F.S.; deleting certain
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 responsibilities of the Department of Education
2 with respect to linkage institutes between
3 postsecondary institutions in this state and
4 foreign countries; repealing s. 288.853(5),
5 F.S.; deleting the requirement of a report on
6 assistance to and commerce with Cuba; amending
7 s. 288.95155, F.S.; revising requirements for a
8 report by Enterprise Florida, Inc., on the
9 Florida Small Business Technology Growth
10 Program; amending s. 288.9604, F.S.; deleting a
11 requirement of a report by the Florida
12 Development Finance Corporation; amending s.
13 288.9610, F.S.; revising provisions relating to
14 annual reporting by the corporation; amending
15 s. 292.04, F.S.; deleting provisions relating
16 to a survey by the Florida Commission on
17 Veterans' Affairs; amending s. 292.05, F.S.;
18 revising requirements relating to a report by
19 the Department of Veterans' Affairs; repealing
20 ss. 296.16, 296.29, F.S., relating to reports
21 by the executive director of the Department of
22 Veterans' Affairs; repealing s. 315.03(12)(c),
23 F.S.; deleting provisions relating to
24 legislative review of a loan program of the
25 Florida Seaport Transportation and Economic
26 Development Council; amending s. 319.324, F.S.;
27 deleting provisions relating to funding a
28 report on odometer fraud prevention and
29 detection; amending s. 322.181, F.S.; revising
30 provisions relating to a study by the
31 Department of Highway Safety and Motor Vehicles
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 on driving by the elderly; repealing s.
2 322.251(7)(c), F.S.; deleting provisions
3 relating to a plan to indemnify persons wanted
4 for passing worthless bank checks; amending s.
5 365.171, F.S.; deleting a provision relating to
6 a schedule for implementing emergency telephone
7 system 911; repealing s. 365.172(6)(d), F.S.;
8 deleting provisions relating to a study by the
9 board of directors of the Wireless 911 Board;
10 repealing s. 366.82(4), F.S.; deleting a
11 provision relating to reports by utilities to
12 the Public Service Commission; amending s.
13 369.22, F.S.; revising requirements relating to
14 a report by the Department of Environmental
15 Protection on nonindigenous plant control;
16 repealing s. 370.26(8), F.S.; deleting a duty
17 of the Fish and Wildlife Conservation
18 Commission relating to an aquaculture plan;
19 amending s. 372.5712, F.S.; revising provisions
20 relating to a report by the commission on
21 waterfowl permit revenues; amending s.
22 372.5715, F.S.; revising provisions relating to
23 a report by the commission on wild turkey
24 permit revenues; repealing s. 372.673, F.S.,
25 relating to the Florida Panther Technical
26 Advisory Council; repealing s. 372.674, F.S.,
27 relating to environmental education; amending
28 s. 373.0391, F.S.; deleting provisions relating
29 to provision of certain information by water
30 management districts; amending s. 373.046,
31 F.S.; deleting an obsolete provision requiring
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 a report by the secretary of the Department of
2 Environmental Protection; amending s. 373.1963,
3 F.S.; deleting an obsolete provision relating
4 to an agreement between the West Coast Regional
5 Water Supply Authority and the Southwest
6 Florida Water Management District; repealing s.
7 376.121(14), F.S.; deleting a provision
8 relating to a report by the Department of
9 Environmental Protection on damage to natural
10 resources; repealing s. 376.17, F.S., relating
11 to reports of the department to the
12 Legislature; repealing s. 376.30713(5), F.S.;
13 deleting provisions relating to a report on
14 preapproved advanced cleanup; amending s.
15 377.703, F.S.; deleting a requirement for a
16 report from the Public Service Commission on
17 electricity, natural gas, and energy
18 conservation; amending s. 380.06, F.S.;
19 deleting provisions on transmission of
20 revisions relating to statewide guidelines and
21 standards for developments of regional impact;
22 repealing s. 380.0677(3), F.S.; deleting
23 provisions relating to powers of the Green
24 Swamp Land Authority; repealing s. 381.0011(3),
25 F.S.; deleting provisions relating to an
26 inclusion in the Department of Health's
27 strategic plan; repealing s. 381.0066, F.S.,
28 relating to planning for implementation of
29 educational requirements concerning HIV and
30 AIDS; repealing s. 381.731, F.S., relating to
31 strategic planning of the Department of Health;
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 amending s. 381.795, F.S.; deleting provisions
2 relating to studies by the Department of Health
3 on long-term, community-based supports;
4 repealing s. 381.90(7)(a), F.S.; deleting
5 provisions relating to the Health Information
6 Systems Council's duty to develop a strategic
7 plan; amending s. 381.931, F.S.; deleting
8 provisions relating to the duty of the
9 Department of Health to develop a report on
10 Medicaid expenditures; amending s. 383.19,
11 F.S.; revising provisions relating to reports
12 by hospitals contracting to provide perinatal
13 intensive care services; repealing s. 383.21,
14 F.S., relating to perinatal intensive care
15 service program review; amending s. 383.2161,
16 F.S.; revising requirements relating to a
17 report by the Department of Health on maternal
18 and child health; repealing s. 384.25(6), F.S.;
19 deleting provisions relating to a report by the
20 Department of Health on sexually transmissible
21 diseases; repealing s. 394.4573(4), F.S.;
22 deleting the requirement for a report by the
23 Department of Children and Family Services on
24 state mental health facility staffing; amending
25 s. 394.4985, F.S.; deleting provisions relating
26 to plans by department districts; amending s.
27 394.75, F.S.; revising provisions relating to
28 reports by the department on substance abuse
29 and mental health plans; repealing s. 394.82,
30 F.S., relating to funding of expanded community
31 mental health services; amending s. 394.9082,
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 F.S.; deleting obsolete provisions relating to
2 an amendment to the master state plan on
3 behavioral health services and to provision of
4 status reports; repealing s. 394.9083, F.S.,
5 relating to the Behavioral Health Services
6 Integration Workgroup; repealing s.
7 395.807(2)(c), F.S.; deleting requirements for
8 a report on retention of family practice
9 residents; repealing s. 397.321(1) and (20),
10 F.S.; deleting a requirement that the
11 Department of Children and Family Services
12 develop a plan for substance abuse services;
13 repealing s. 397.332(3), F.S.; deleting the
14 requirement for a report by the director of the
15 Office of Drug Control; amending s. 397.333,
16 F.S.; deleting the requirement for a report by
17 the Statewide Drug Policy Advisory Council;
18 repealing s. 397.94(1), F.S.; deleting
19 provisions relating to children's substance
20 abuse services plans by service districts of
21 the Department of Children and Family Services;
22 amending s. 400.0067, F.S.; revising
23 requirements relating to a report by the State
24 Long-Term Care Ombudsman Council; repealing s.
25 400.0075(3), F.S.; deleting a provision
26 relating to such report; amending s. 400.0089,
27 F.S.; revising requirements relating to a
28 report by the Department of Elderly Affairs and
29 transferring responsibility for the report to
30 the council; repealing s. 400.148(2), F.S.;
31 deleting a provision relating to a pilot
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 program of the Agency for Health Care
2 Administration on a quality-of-care contract
3 management program; amending s. 400.407, F.S.;
4 deleting provisions relating to a report by the
5 Department of Elderly Affairs on extended
6 congregate care facilities; repealing s.
7 400.408(1)(i), F.S.; deleting a provision
8 relating to local workgroups of field offices
9 of the Agency for Health Care Administration;
10 amending s. 400.419, F.S.; requiring a
11 specified report to be distributed to the
12 Agency for Persons with Disabilities; amending
13 s. 400.441, F.S.; deleting provisions relating
14 to a report concerning standards for assisted
15 living facilities; amending s. 400.967, F.S.;
16 deleting provisions relating to a report by the
17 Agency for Health Care Administration on
18 intermediate care facilities for
19 developmentally disabled persons; revising
20 agencies that may review the agency's plan;
21 repealing s. 402.3016(3), F.S.; deleting a
22 requirement for a report by the agency on early
23 head start collaboration grants; repealing s.
24 402.40(9), F.S.; deleting a provision relating
25 to submission of certain information related to
26 child welfare training to the Legislature;
27 amending s. 402.73, F.S.; deleting provisions
28 relating to a report by the Department of
29 Children and Family Services on competitive
30 procurement of client services; amending s.
31 403.067, F.S.; deleting provisions requiring a
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 report by the Department of Environmental
2 Protection on water pollution; amending s.
3 403.4131, F.S.; deleting provisions relating to
4 a report on the adopt-a-highway program;
5 repealing s. 403.756, F.S., relating to a
6 report on oil recycling; amending s. 403.7226,
7 F.S.; deleting provisions relating to
8 responsibilities of the Department of
9 Environmental Protection with respect to local
10 hazardous waste management; repealing s.
11 403.7265(2), F.S.; deleting provisions relating
12 to a statewide local hazardous waste management
13 plan; amending s. 403.7895, F.S.; deleting
14 provisions relating to a hazardous waste needs
15 and capacity study; repealing s. 406.02(4)(a),
16 F.S.; deleting a requirement for a report by
17 the Medical Examiners Commission; amending s.
18 408.033, F.S.; revising provisions relating to
19 reports by local health councils; repealing s.
20 408.914(4), F.S.; deleting provisions requiring
21 the Agency for Health Care Administration to
22 submit a plan on comprehensive health and human
23 services eligibility access to the Governor;
24 amending s. 408.915(3)(i), F.S.; deleting
25 provisions requiring periodic reports on the
26 pilot program for such access; repealing s.
27 408.917, F.S., relating to evaluation of the
28 pilot project; amending s. 409.1451, F.S.;
29 revising requirements relating to reports on
30 independent living transition services;
31 repealing s. 409.146, F.S., relating to the
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 children and families client and management
2 information system; repealing s. 409.152, F.S.,
3 relating to service integration and family
4 preservation; repealing s. 409.1679(1) and (2),
5 F.S.; deleting provisions relating to reports
6 concerning residential group care services;
7 amending s. 409.1685, F.S.; revising provisions
8 relating to reports by the Department of
9 Children and Family Services on children in
10 foster care; amending s. 409.178, F.S.;
11 deleting provisions relating to use of child
12 care purchasing pool funds; repealing s.
13 409.221(4)(k), F.S.; deleting provisions
14 relating to reports on consumer-directed care;
15 amending s. 409.25575, F.S.; deleting
16 provisions relating to a report by the
17 Department of Revenue regarding a quality
18 assurance program for privatization of
19 services; amending s. 409.2558, F.S.; deleting
20 provisions relating to the Department of
21 Revenue's solicitation of recommendations
22 related to a rule on undistributable
23 collections; amending s. 409.2567, F.S.;
24 deleting provisions relating to a report by the
25 Department of Revenue on collection of
26 assistance from noncustodial parents; repealing
27 s. 409.441(3), F.S.; deleting provisions
28 relating to the state plan for the handling of
29 runaway youths; amending s. 409.906, F.S.;
30 deleting a requirement for reports of
31 child-welfare-targeted case management
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 projects; amending s. 409.9065, F.S.; deleting
2 a provision relating to a report by the Agency
3 for Health Care Administration on the
4 pharmaceutical expense assistance program;
5 amending s. 409.91188, F.S.; deleting a
6 requirement that the Agency for Health Care
7 Administration monitor and report on a waiver
8 program for specialty prepaid health plans;
9 amending s. 409.912, F.S.; revising provisions
10 relating to duties of the agency with respect
11 to cost-effective purchasing of health care;
12 repealing s. 410.0245, F.S., relating to a
13 study of service needs of the disabled adult
14 population; repealing s. 410.604(10), F.S.;
15 deleting a requirement for the Department of
16 Children and Family Services to evaluate the
17 community care for disabled adults program;
18 repealing s. 411.221, F.S., relating to
19 prevention and early assistance; repealing s.
20 411.242, F.S., relating to the Florida
21 Education Now and Babies Later program;
22 repealing s. 413.402(8), F.S.; deleting a
23 provision relating to a plan by the Association
24 of Centers for Independent Living on a personal
25 care attendant program; repealing s.
26 414.1251(3), F.S.; deleting a provision
27 relating to an electronic data transfer system
28 for the learnfare program; amending s. 414.14,
29 F.S.; deleting a provision relating to a report
30 by the secretary of the Department of Children
31 and Family Services on public assistance policy
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 simplification; repealing s. 414.36(1), F.S.;
2 deleting a provision relating to a plan for
3 privatization of recovery of public assistance
4 overpayment claims; repealing s. 414.391(3),
5 F.S.; deleting provisions relating to a plan
6 for automated fingerprint imaging; amending s.
7 415.1045, F.S.; deleting a requirement for a
8 study by the Office of Program Policy Analysis
9 and Government Accountability on documentation
10 of exploitation, abuse, or neglect; amending s.
11 415.111, F.S.; deleting the requirement for a
12 report by the Department of Children and Family
13 Services on exploitation, abuse, or neglect;
14 amending s. 420.622, F.S.; revising
15 requirements relating to a report by the State
16 Council on Homelessness; repealing s.
17 420.623(4), F.S.; deleting a requirement for a
18 report by the Department of Community Affairs
19 on homelessness; amending s. 427.704, F.S.;
20 revising requirements relating to a report by
21 the Public Service Commission on a
22 telecommunications access system; amending s.
23 427.706, F.S.; revising requirements relating
24 to a report by the advisory committee on
25 telecommunications access; amending s. 430.04,
26 F.S.; revising duties of the Department of
27 Elderly Affairs with respect to certain reports
28 and recommendations; amending s. 430.502, F.S.;
29 revising requirements with respect to reports
30 by the Alzheimer's Disease Advisory Committee;
31 amending s. 430.707, F.S.; deleting provisions
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 relating to a report by the Department of
2 Elderly Affairs on contracts with managed care
3 organizations; amending s. 445.003, F.S.;
4 revising requirements relating to a report by
5 Workforce Florida, Inc., on the Incumbent
6 Worker Training Program; amending s. 445.004,
7 F.S.; deleting provisions relating to
8 appointment of members to Workforce Florida,
9 Inc.; amending s. 445.006, F.S.; deleting
10 provisions relating to a strategic plan for
11 workforce development; repealing s. 445.022(4),
12 F.S.; deleting a requirement for reports by
13 regional workforce boards on retention
14 incentive; repealing s. 445.049(9), F.S.;
15 deleting a requirement for a report by the
16 Digital Divide Council; repealing s. 446.27,
17 F.S., relating to a report by the former
18 Department of Labor and Employment Security;
19 amending s. 446.50, F.S.; deleting provisions
20 relating to a state plan for displaced
21 homemakers; amending s. 446.609, F.S.; deleting
22 provisions relating to measuring success of the
23 Jobs for Florida's Graduates Act; repealing s.
24 455.204, F.S., relating to long-range policy
25 planning in the Department of Business and
26 Professional Regulation; repealing s.
27 455.2226(8), F.S.; deleting a requirement for a
28 report by the Board of Funeral Directors and
29 Embalmers; repealing s. 455.2228(6), F.S.;
30 deleting a requirement for reports by the
31 Barbers' Board and the Board of Cosmetology;
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 amending s. 456.005, F.S.; revising
2 requirements relating to long-range planning by
3 professional boards; amending s. 456.025, F.S.;
4 revising requirements relating to a report to
5 professional boards by the Department of
6 Health; repealing s. 456.031(5), F.S.; deleting
7 provisions relating to reports by professional
8 boards about instruction on domestic violence;
9 repealing s. 456.033(8), F.S.; deleting
10 provisions relating to reports by professional
11 boards about HIV and AIDS; repealing s.
12 456.034(6), F.S.; deleting provisions relating
13 to reports by professional boards about HIV and
14 AIDS; amending s. 517.302, F.S.; deleting a
15 requirement for a report by the Office of
16 Financial Regulation on deposits into the
17 Anti-Fraud Trust Fund; repealing s. 526.3135,
18 F.S., relating to reports by the Division of
19 Standards; repealing s. 531.415(3), F.S.;
20 deleting the requirement of a report by the
21 Department of Agriculture and Consumer Services
22 on fees; repealing s. 553.975, F.S., relating
23 to a report to the Governor and Legislature by
24 the Public Service Commission; repealing s.
25 570.0705(3), F.S.; deleting the requirement of
26 a report by the Commissioner of Agriculture
27 about advisory committees; repealing s.
28 570.0725(5), F.S.; deleting provisions relating
29 to a report by the Department of Agriculture
30 and Consumer Services about supporting food
31 recovery programs; repealing s. 570.235(3),
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 F.S.; deleting a requirement for a report by
2 the pest Exclusion Advisory Committee;
3 repealing s. 570.543(3), F.S.; deleting
4 provisions relating to legislative
5 recommendations of the Florida Consumers'
6 Council; repealing s. 570.952(5), F.S.;
7 deleting provisions relating to a
8 recommendation of the Commissioner of
9 Agriculture concerning the Florida Agriculture
10 Center and Horse Park Authority; amending s.
11 603.204, F.S.; revising requirements relating
12 to the South Florida Tropical Fruit Plan;
13 amending s. 657.351, F.S.; revising duties of
14 the Citizens Property Insurance Corporation
15 relating to insurance risk apportionment plans;
16 amending s. 627.64872, F.S.; deleting
17 provisions relating to an interim report by the
18 board of directors of the Florida Health
19 Insurance Plan; prohibiting the board from
20 acting to implement the plan until certain
21 funds are appropriated; amending s. 644.7021,
22 F.S.; revising provisions relating to reports
23 by the executive director of the Statewide
24 Public Guardianship Office; amending s.
25 744.708, F.S.; revising provisions relating to
26 audits of public guardian offices and to
27 reports concerning those offices; repealing s.
28 765.5215(3), F.S.; deleting a requirement for a
29 report by the Agency for Health Care
30 Administration about organ donation; amending
31 s. 768.295, F.S.; revising duties of the
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Attorney General relating to reports about
2 "SLAPP" lawsuits; amending s. 775.084, F.S.;
3 deleting provisions relating to sentencing of
4 violent career criminals and to reports of
5 judicial actions with respect thereto; amending
6 s. 790.22, F.S.; deleting provisions relating
7 to reports by the Department of Juvenile
8 Justice about certain juvenile offenses that
9 involve weapons; repealing s. 732.7055(9)(b),
10 F.S.; deleting the requirement of a report by
11 the Department of Law Enforcement relating to
12 disposition of liens and forfeited property;
13 repealing s. 943.08(3), F.S.; deleting
14 provisions relating to planning by the Criminal
15 and Juvenile Justice Information Systems
16 Council; repealing s. 943.125(2), F.S.;
17 deleting provisions relating to reports by the
18 Florida Sheriffs Association and the Florida
19 Police Chiefs Association about law enforcement
20 agency accreditation; amending s. 943.68, F.S.;
21 revising requirements relating to reports by
22 the Department of Law Enforcement about
23 transportation and protective services;
24 amending s. 944.023, F.S.; deleting provisions
25 relating to the comprehensive correctional
26 master plan; amending s. 944.801, F.S.;
27 deleting a requirement to deliver to specified
28 officials copies of certain reports about
29 education of state prisoners; repealing s.
30 945.35(10), F.S.; deleting a requirement for a
31 report by the Department of Corrections
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 concerning HIV and AIDS education; repealing s.
2 948.10(8)(d), F.S.; deleting a requirement for
3 a report by the Department of Corrections about
4 placement of ineligible offenders on community
5 control; repealing s. 948.045(9), F.S.;
6 deleting provisions relating to a report by the
7 department about youthful offenders; amending
8 s. 960.045, F.S.; revising requirements
9 relating to reports by the Department of Legal
10 Affairs with respect to victims of crimes;
11 repealing s. 985.02(8)(c), F.S.; deleting the
12 requirement of a study by the Office of Program
13 Policy Analysis and Government Accountability
14 on programs for young females within the
15 Department of Juvenile Justice; amending s.
16 985.08, F.S.; deleting provisions relating to a
17 plan by a multiagency task force on information
18 systems related to delinquency; amending s.
19 985.3045, F.S.; deleting provisions relating to
20 a report by the prevention services program;
21 repealing s. 985.3046, F.S., relating to
22 agencies and entities providing prevention
23 services; repealing s. 985.305(5), F.S.;
24 deleting provisions relating to a report by the
25 Department of Juvenile Justice on early
26 delinquency intervention; amending s. 985.309,
27 F.S.; deleting provisions relating to a report
28 concerning a boot camp for children; amending
29 s. 985.31, F.S.; deleting provisions relating
30 to a report on serious or habitual juvenile
31 offenders; amending s. 985.311, F.S.; deleting
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 provisions relating to a report on intensive
2 residential treatment for offenders under 13
3 years of age; amending s. 985.3155, F.S.;
4 deleting provisions relating to submission of
5 the multiagency plan for vocational education;
6 repealing s. 985.403, F.S., relating to the
7 Task Force on Juvenile Sexual Offenders and
8 their Victims; repealing s. 985.412(7), F.S.;
9 deleting provisions relating to a report by the
10 Department of Corrections on quality assurance
11 in contractual procurements; repealing s.
12 1001.02(3) and (4), F.S.; deleting provisions
13 relating to powers of the State Board of
14 Education relating to assigning limited access
15 status to educational programs and to approving
16 certain baccalaureate degree programs;
17 repealing s. 1001.03(14), F.S.; deleting an
18 obsolete provision relating to recommendation
19 of a uniform classification system for school
20 personnel; repealing s. 1002.34(19), F.S.;
21 deleting provisions relating to an evaluation
22 and report by the Commissioner of Education
23 about charter technical career centers;
24 repealing s. 1003.492(4), F.S.; deleting
25 provisions relating to a study about
26 industry-certified career education programs;
27 repealing s. 1003.61(4), F.S.; deleting
28 provisions relating to evaluation of a pilot
29 attendance project in Manatee County; amending
30 s. 1004.22, F.S.; deleting provisions relating
31 to university reports concerning sponsored
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 research; repealing s. 1004.50(6), F.S.;
2 deleting a requirement for a report by the
3 Governor concerning unmet needs in urban
4 communities; repealing s. 1004.94(2) and (4),
5 F.S.; deleting provisions relating to
6 guidelines for and a report on plans for a
7 state adult literacy program; amending s.
8 1004.95, F.S.; revising requirements relating
9 to implementing provisions for adult literacy
10 centers; repealing s. 1006.0605, F.S., relating
11 to students' summer nutrition; repealing s.
12 1006.67, F.S., relating to a report of campus
13 crime statistics; repealing s. 1007.27(11),
14 F.S.; deleting provisions relating to a review
15 and report about articulated acceleration
16 mechanisms; amending s. 1009.70, F.S.; deleting
17 provisions relating to a report on a minority
18 law school scholarship program; amending s.
19 1011.32, F.S.; requiring the Governor to be
20 given a copy of a report related to the
21 Community College Facility Enhancement
22 Challenge Grant Program; repealing s.
23 1011.4105(5), F.S.; deleting provisions
24 relating to a plan concerning transition to the
25 university accounting system; amending s.
26 1011.62, F.S.; deleting provisions relating to
27 recommendations for implementing the
28 extended-school-year program; repealing s.
29 1012.05(2)(l), F.S.; deleting provisions
30 relating to a plan concerning teacher
31 recruitment and retention; amending s. 1012.42,
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 F.S.; deleting provisions relating to a plan of
2 assistance for teachers teaching out-of-field;
3 repealing s. 1013.03(13), F.S.; deleting an
4 obsolete provision relating to the Department
5 of Education's duty to review school
6 construction requirements; amending s. 1013.11,
7 F.S.; deleting provisions relating to
8 transmittal of a report on physical plant
9 safety; amending ss. 259.041, 259.101, 370.12,
10 372.672, 403.7264, 409.91196, 411.01, 411.232,
11 641.386, 1008.30, 1011.82, F.S., conforming
12 cross-references to changes made by the act;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 14.25, Florida Statutes, is
18 repealed.
19 Section 2. Subsection (3) of section 14.26, Florida
20 Statutes, is amended to read:
21 14.26 Citizen's Assistance Office.--
22 (3) The Citizen's Assistance Office shall report make
23 quarterly reports to the Governor on, which shall include:
24 (a) The number of complaints and investigations and
25 complaints made during the preceding quarter and the
26 disposition of such investigations.
27 (b) Recommendations in the form of suggested
28 legislation or suggested procedures for the alleviation of
29 problems disclosed by investigations.
30
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (b)(c) A report including statistics which reflect The
2 types of complaints made and an assessment as to the cause of
3 the complaints.
4 (c) Recommendations for the alleviation of the cause
5 of complaints disclosed by investigations.
6 (d) Such other information as the Executive Office of
7 the Governor shall require.
8 Section 3. Section 14.27, Florida Statutes, is
9 repealed.
10 Section 4. Section 16.58, Florida Statutes, is
11 repealed.
12 Section 5. Subsection (1) of section 17.32, Florida
13 Statutes, is amended to read:
14 17.32 Annual report of trust funds; duties of Chief
15 Financial Officer.--
16 (1) On February 1 of each year, the Chief Financial
17 Officer shall present to the Governor and the Legislature
18 President of the Senate and the Speaker of the House of
19 Representatives a report listing all trust funds as defined in
20 s. 215.32. The report shall contain the following data
21 elements for each fund for the preceding fiscal year:
22 (a) The fund code.
23 (b) The title.
24 (c) The fund type according to generally accepted
25 accounting principles.
26 (d) The statutory authority.
27 (e) The beginning cash balance.
28 (f) Direct revenues.
29 (g) Nonoperating revenues.
30 (h) Operating disbursements.
31 (i) Nonoperating disbursements.
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (j) The ending cash balance.
2 (k) The department and budget entity in which the fund
3 is located.
4 Section 6. Subsection (1) of section 17.325, Florida
5 Statutes, is amended to read:
6 17.325 Governmental efficiency hotline; duties of
7 Chief Financial Officer.--
8 (1) The Chief Financial Officer shall establish and
9 operate a statewide toll-free telephone hotline to receive
10 information or suggestions from the citizens of this state on
11 how to improve the operation of government, increase
12 governmental efficiency, and eliminate waste in government.
13 The Chief Financial Officer shall report each month to the
14 appropriations committee of the House of Representatives and
15 of the Senate the information or suggestions received through
16 the hotline and the evaluations and determinations made by the
17 affected agency, as provided in subsection (3), with respect
18 to such information or suggestions.
19 Section 7. Section 20.057, Florida Statutes, is
20 amended to read:
21 20.057 Interagency agreements to delete duplication of
22 inspections.--
23 (1) The Governor shall direct any department, the head
24 of which is an officer or board appointed by and serving at
25 the pleasure of the Governor, to enter into an interagency
26 agreement that will eliminate duplication of inspections among
27 the departments that inspect the same type of facility or
28 structure. Parties to the agreement may include departments
29 which are headed by a Cabinet officer, the Governor and
30 Cabinet, or a collegial body. The agreement shall:
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (a) Authorize agents of one department to conduct
2 inspections required to be performed by another department.
3 (b) Specify that agents of the department conducting
4 the inspection have all powers relative to the inspection as
5 the agents of the department on whose behalf the inspection is
6 being conducted.
7 (c) Require that agents of the department conducting
8 the inspection have sufficient knowledge of statutory and
9 administrative inspection requirements to conduct a proper
10 inspection.
11 (d) Specify that the departments which have entered
12 into the agreement may neither charge nor accept any funds
13 with respect to duties performed under the agreement which are
14 in excess of the direct costs of conducting such inspections.
15 (2) Before taking effect, an agreement entered into
16 under this section must be approved by the Governor.
17 Inspections conducted under an agreement shall be deemed
18 sufficient for enforcement purposes pursuant to the agreement
19 or as otherwise provided by law.
20 (2) No later than 60 days prior to the beginning of
21 the regular session, the Governor shall make an annual report
22 to the President of the Senate and the Speaker of the House of
23 Representatives regarding interagency agreements. The report
24 shall identify each interagency agreement entered into under
25 this section, and, for each agreement, shall describe the
26 duplication eliminated, provide data that measures the
27 effectiveness of inspections conducted under the interagency
28 agreement, and estimate the cost savings that have resulted
29 from the agreement. The report shall also describe obstacles
30 encountered by any department in attempting to develop an
31 interagency agreement and in performing duties resulting from
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 an interagency agreement and shall recommend appropriate
2 remedial legislative action.
3 Section 8. Subsection (1) and paragraph (c) of
4 subsection (5) of section 20.19, Florida Statutes, are amended
5 to read:
6 20.19 Department of Children and Family
7 Services.--There is created a Department of Children and
8 Family Services.
9 (1) MISSION AND PURPOSE.--
10 (a) The mission of the Department of Children and
11 Family Services is to protect vulnerable children and adults,
12 strengthen families, and support individuals and families in
13 achieving personal and economic self-sufficiency work in
14 partnership with local communities to ensure the safety,
15 well-being, and self-sufficiency of the people served.
16 (b) The department shall develop a strategic plan for
17 fulfilling its mission and establish a set of measurable
18 goals, objectives, performance standards, and quality
19 assurance requirements to ensure that the department is
20 accountable to the people of Florida.
21 (c) To the extent allowed by law and within specific
22 appropriations, the department shall deliver services by
23 contract through private providers.
24 (5) SERVICE DISTRICTS.--
25 (c) Each fiscal year the secretary shall, in
26 consultation with the relevant employee representatives,
27 develop projections of the number of child abuse and neglect
28 cases and shall include in the department's legislative budget
29 request a specific appropriation for funds and positions for
30 the next fiscal year in order to provide an adequate number of
31 full-time equivalent:
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 1. Child protection investigation workers so that
2 caseloads do not exceed the Child Welfare League Standards by
3 more than two cases; and
4 2. Child protection case workers so that caseloads do
5 not exceed the Child Welfare League Standards by more than two
6 cases.
7 Section 9. Paragraph (b) of subsection (6) of section
8 20.315, Florida Statutes, is amended to read:
9 20.315 Department of Corrections.--There is created a
10 Department of Corrections.
11 (6) FLORIDA CORRECTIONS COMMISSION.--
12 (b) The primary functions of the commission are to:
13 1. Recommend major correctional policies for the
14 Governor's approval, and assure that approved policies and any
15 revisions thereto are properly executed.
16 2. Periodically review the status of the state
17 correctional system and recommend improvements therein to the
18 Governor and the Legislature.
19 3. Annually perform an in-depth review of
20 community-based intermediate sanctions and recommend to the
21 Governor and the Legislature intergovernmental approaches
22 through the Community Corrections Partnership Act for planning
23 and implementing such sanctions and programs.
24 4. Perform an in-depth evaluation of the department's
25 annual budget request of the Department of Corrections,
26 long-range program plans and performance standards the
27 comprehensive correctional master plan, and the tentative
28 construction program for compliance with all applicable laws
29 and established departmental policies. The commission may not
30 consider individual construction projects, but shall consider
31
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 methods of accomplishing the department's goals in the most
2 effective, efficient, and businesslike manner.
3 5. Routinely monitor the financial status of the
4 Department of Corrections to assure that the department is
5 managing revenue and any applicable bond proceeds responsibly
6 and in accordance with law and established policy.
7 6. Evaluate, at least quarterly, the efficiency,
8 productivity, and management of the Department of Corrections,
9 using performance and production standards developed by the
10 department under former subsection (18).
11 7. Provide public education on corrections and
12 criminal justice issues.
13 8. Report to the President of the Senate, the Speaker
14 of the House of Representatives, and the Governor by November
15 1 of each year.
16 9. Resolve disputes between the Department of
17 Corrections and the contractors for the private correctional
18 facilities entered into under chapter 957 when a contractor
19 proposes to waive a rule, policy, or procedure concerning
20 operation standards.
21 Section 10. Paragraphs (e), (f), and (g) of subsection
22 (4) of section 20.316, Florida Statutes, are repealed.
23 Section 11. Paragraph (l) of subsection (1) of section
24 20.43, Florida Statutes, is amended to read:
25 20.43 Department of Health.--There is created a
26 Department of Health.
27 (1) The purpose of the Department of Health is to
28 promote and protect the health of all residents and visitors
29 in the state through organized state and community efforts,
30 including cooperative agreements with counties. The
31 department shall:
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (l) Include in the department's long-range program
2 strategic plan developed under s. 186.021 an assessment of
3 current health programs, systems, and costs; projections of
4 future problems and opportunities; and recommended changes
5 that are needed in the health care system to improve the
6 public health.
7 Section 12. Subsections (7) and (8) of section 39.001,
8 Florida Statutes, are amended to read:
9 39.001 Purposes and intent; personnel standards and
10 screening.--
11 (7) PLAN FOR COMPREHENSIVE APPROACH.--
12 (a) The department shall develop a state plan for the
13 prevention of abuse, abandonment, and neglect of children and
14 shall submit the plan to the Speaker of the House of
15 Representatives, the President of the Senate, and the Governor
16 and the Legislature no later than June 30, 2006 January 1,
17 1983.
18 1. The Departments Department of Education, and the
19 Division of Children's Medical Services Prevention and
20 Intervention of the Department of Health, Law Enforcement, and
21 Juvenile Justice, along with the Agency for Workforce
22 Innovation and the Agency for Persons with Disabilities, shall
23 participate and fully cooperate in the development of the
24 state plan at both the state and local levels. National and
25 state-level advocacy groups, especially as identified in
26 federal prevention initiatives or requirements, shall also be
27 provided an opportunity to participate.
28 2. Furthermore, Appropriate local agencies and
29 organizations shall be provided an opportunity to participate
30 at the local level in the development of the state plan at the
31 local level. Appropriate local groups and organizations shall
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 include, but not be limited to, community alliances as
2 described in s. 20.19; community-based care lead agencies as
3 described in s. 409.1671; community mental health centers;
4 guardian ad litem programs for children and other court system
5 entities under the circuit court; the school boards of the
6 local school districts; the Florida local advocacy councils;
7 private or public organizations or programs with recognized
8 expertise in working with children who are sexually abused,
9 physically abused, emotionally abused, abandoned, or neglected
10 and with expertise in working with the families of such
11 children; private or public programs or organizations with
12 expertise in maternal and infant health care;
13 multidisciplinary child protection teams; child day care
14 centers; and law enforcement agencies, and the circuit courts,
15 when guardian ad litem programs are not available in the local
16 area. The state plan to be provided to the Legislature and
17 the Governor shall include, as a minimum, the information
18 required of the various groups in paragraph (b).
19 (b) The development of the comprehensive state plan
20 shall be accomplished in the following manner:
21 1. The department shall establish an interprogram task
22 force comprised of a designee from each of the department's
23 programs listed in s. 20.19. Representatives from the agencies
24 listed in subparagraph (a)1. the Program Director for Family
25 Safety, or a designee, a representative from the Child Care
26 Services Program Office, a representative from the Family
27 Safety Program Office, a representative from the Mental Health
28 Program Office, a representative from the Substance Abuse
29 Program Office, a representative from the Developmental
30 Disabilities Program Office, and a representative from the
31 Division of Children's Medical Services Prevention and
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Intervention of the Department of Health. Representatives of
2 the Department of Law Enforcement and of the Department of
3 Education shall serve as ex officio members of the
4 interprogram task force. The interprogram task force is shall
5 be responsible for:
6 1.a. Developing a plan of action for better
7 coordination and integration of the goals, activities, and
8 funding pertaining to the prevention of child abuse,
9 abandonment, and neglect conducted by the department in order
10 to maximize staff and resources at the state level. The plan
11 of action shall be included in the state plan.
12 2.b. Providing a schedule and basic format for to be
13 utilized by the districts in the preparation of local plans of
14 action in order to provide for uniformity in the development
15 of local district plans and to provide for greater ease in
16 compiling information for the state plan.
17 3.c. Providing the districts with technical assistance
18 in the development of local plans of action, if requested.
19 4.d. Examining the local plans to determine if all the
20 requirements of the local plans have been met and, if they
21 have not, working with local entities to obtain the needed
22 information informing the districts of the deficiencies and
23 requesting the additional information needed.
24 5.e. Preparing the comprehensive state plan for
25 submission to the Legislature and the Governor. Such
26 preparation shall include the collapsing of information
27 obtained from the local plans, the cooperative plans with the
28 Department of Education, and the plan of action for
29 coordination and integration of departmental activities into
30 one comprehensive plan. The comprehensive plan shall include a
31 section reflecting general conditions and needs, an analysis
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 of variations based on population or geographic areas,
2 identified problems, and recommendations for change. In
3 essence, the plan shall provide an analysis and summary of
4 each element of the local plans to provide a statewide
5 perspective. The plan shall also include each separate local
6 plan of action.
7 6.f. Working with the appropriate specified state
8 agency in fulfilling the requirements of paragraphs (d), (e),
9 and (f) subparagraphs 2., 3., 4., and 5.
10 (c) The comprehensive state plan shall be in the
11 following elements:
12 1. A section reflecting general conditions and needs;
13 2. An analysis of variations based on population or
14 geographic areas;
15 3. Performance expectations and gaps;
16 4. Recommendations for performance improvement;
17 5. Resource and funding strategies related to unmet
18 needs;
19 6. A summary or crosswalk of the planning and
20 performance requirements from relevant federal funding sources
21 for the prevention of child abuse and neglect; and
22 7. Each separate plan identified in paragraphs (d),
23 (e), and (f).
24 2. The department, the Department of Education, and
25 the Department of Health shall work together in developing
26 ways to inform and instruct parents of school children and
27 appropriate district school personnel in all school districts
28 in the detection of child abuse, abandonment, and neglect and
29 in the proper action that should be taken in a suspected case
30 of child abuse, abandonment, or neglect, and in caring for a
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 child's needs after a report is made. The plan for
2 accomplishing this end shall be included in the state plan.
3 (d)3. The department and appropriate task force
4 members, the Department of Law Enforcement, and the Department
5 of Health shall work together in developing a plan for
6 informing and instructing ways to inform and instruct
7 appropriate professionals local law enforcement personnel in
8 the detection of child abuse, abandonment, and neglect; and in
9 the proper action that should be taken in a suspected case of
10 child abuse, abandonment, or neglect; and in supporting
11 subsequent action by the department or other responsible party
12 for child protection. Appropriate professionals include, but
13 are not limited to, the reporters listed in s. 39.201(1)(b).
14 (e)4. Within existing appropriations, The department
15 shall work with other appropriate public and private agencies
16 to develop a plan for educating emphasize efforts to educate
17 the general public about the problem of and ways to detect
18 child abuse, abandonment, and neglect and in the proper action
19 that should be taken in a suspected case of child abuse,
20 abandonment, or neglect. The plan for accomplishing this end
21 shall be included in the state plan.
22 5. The department, the Department of Education, and
23 the Department of Health shall work together on the
24 enhancement or adaptation of curriculum materials to assist
25 instructional personnel in providing instruction through a
26 multidisciplinary approach on the identification,
27 intervention, and prevention of child abuse, abandonment, and
28 neglect. The curriculum materials shall be geared toward a
29 sequential program of instruction at the four progressional
30 levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging
31 all school districts to utilize the curriculum are to be
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 included in the comprehensive state plan for the prevention of
2 child abuse, abandonment, and neglect.
3 (f)6. Each district of The department shall facilitate
4 the development of local plans develop a plan for their local
5 its specific geographical area. Plans The plan developed at
6 the local district level shall be used by submitted to the
7 interprogram task force for utilization in preparing the state
8 comprehensive plan. The district local plan of action shall be
9 prepared with the involvement and assistance of the local
10 agencies and organizations listed in paragraph (a), as well as
11 representatives from those departmental district offices
12 participating in the treatment and prevention of child abuse,
13 abandonment, and neglect. In order to accomplish this, the
14 district administrator in each district shall establish a task
15 force on the prevention of child abuse, abandonment, and
16 neglect. The district administrator shall appoint the members
17 of the task force in accordance with the membership
18 requirements of this section. In addition, the district
19 administrator shall ensure that each subdistrict is
20 represented on the task force; and, if the district does not
21 have subdistricts, the district administrator shall ensure
22 that both urban and rural areas are represented on the task
23 force. The task force shall develop a written statement
24 clearly identifying its operating procedures, purpose, overall
25 responsibilities, and method of meeting responsibilities.
26 (g) Each local plan The district plan of action to be
27 prepared by the task force shall include, but shall not be
28 limited to:
29 1.a. Documentation of the incidence magnitude of the
30 problems of child abuse, including sexual abuse, physical
31 abuse, and emotional abuse, and child abandonment, and neglect
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 in its geographical area. Documentation shall include, at a
2 minimum, a summary of information derived from the
3 department's official data source, Home Safenet.
4 2.b. A description of programs and services currently
5 serving abused, abandoned, and neglected children and their
6 families and a description of programs for the prevention of
7 child abuse, abandonment, and neglect, including information
8 on the impact, cost-effectiveness, and sources of funding of
9 such programs and services.
10 3.c. A description of local models for a continuum of
11 programs and services necessary for a comprehensive approach
12 to the prevention of all types of child abuse, abandonment,
13 and neglect as well as a brief description of such programs
14 and services.
15 4.d. A description, documentation, and priority
16 ranking of local unmet needs related to child abuse,
17 abandonment, and neglect prevention based upon the current
18 programs and a model continuum of programs and services.
19 5.e. A plan for steps to be taken in meeting
20 identified needs, including the coordination and integration
21 of services to avoid unnecessary duplication and cost, and for
22 alternative funding strategies for meeting needs through the
23 reallocation of existing resources, utilization of volunteers,
24 contracting with local universities for services, and local
25 government or private agency funding.
26 6.f. A description of barriers to the accomplishment
27 of a comprehensive approach to the prevention of child abuse,
28 abandonment, and neglect.
29 7.g. Recommendations for actions changes that can be
30 accomplished only at the state program level or by legislative
31 action.
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (8) FUNDING AND SUBSEQUENT PLANS.--
2 (a) The department's long-range program plans and
3 legislative budget requests All budget requests submitted by
4 the department, the Department of Health, the Department of
5 Education, or any other agency to the Legislature for funding
6 of efforts for the prevention of child abuse, abandonment, and
7 neglect shall be based on and consistent with the most recent
8 state comprehensive plan and updates developed pursuant to
9 this section.
10 (b) The department at the state and district levels
11 and the other agencies listed in paragraph (7)(a) shall review
12 and update the plan annually readdress the plan and make
13 necessary revisions every 5 years, at a minimum. Such updates
14 revisions shall be submitted to the Governor and the
15 Legislature Speaker of the House of Representatives and the
16 President of the Senate no later than June 30 of each year
17 divisible by 5. Annual review and updates shall include
18 progress and performance reporting. An annual progress report
19 shall be submitted to update the plan in the years between the
20 5-year intervals. In order to avoid duplication of effort,
21 these required plans may be made a part of or merged with
22 other plans required by either the state or Federal
23 Government, so long as the portions of the other state or
24 Federal Government plan that constitute the state plan for the
25 prevention of child abuse, abandonment, and neglect are
26 clearly identified as such and are provided to the Speaker of
27 the House of Representatives and the President of the Senate
28 as required above.
29 Section 13. Paragraph (d) of subsection (3) of section
30 39.3065, Florida Statutes, is repealed.
31
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 14. Paragraph (h) of subsection (2) of section
2 39.4086, Florida Statutes, is amended to read:
3 39.4086 Pilot program for attorneys ad litem for
4 dependent children.--
5 (2) RESPONSIBILITIES.--
6 (h) The Statewide Guardian Ad Litem Office of the
7 State Courts Administrator shall conduct research and gather
8 statistical information to evaluate the establishment,
9 operation, and impact of the pilot program in meeting the
10 legal needs of dependent children. In assessing the effects of
11 the pilot program, including achievement of outcomes
12 identified under paragraph (b), the evaluation must include a
13 comparison of children within the Ninth Judicial Circuit who
14 are appointed an attorney ad litem with those who are not. The
15 office shall submit a report to the Legislature and the
16 Governor by October 1, 2001, and by October 1, 2002, regarding
17 its findings. The office shall submit a final report by
18 October 1, 2003, which must include an evaluation of the pilot
19 program; findings on the feasibility of a statewide program;
20 and recommendations, if any, for locating, establishing, and
21 operating a statewide program.
22 Section 15. Subsection (5) of section 39.523, Florida
23 Statutes, is repealed.
24 Section 16. Subsections (1) and (3) of section 98.255,
25 Florida Statutes, are amended to read:
26 98.255 Voter education programs.--
27 (1) By March 1, 2002, The Department of State shall
28 adopt rules prescribing minimum standards for nonpartisan
29 voter education. In developing the rules, the department shall
30 review current voter education programs within each county of
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 the state. The standards shall address, but are not limited
2 to, the following subjects:
3 (a) Voter registration;
4 (b) Balloting procedures, absentee and polling place;
5 (c) Voter rights and responsibilities;
6 (d) Distribution of sample ballots; and
7 (e) Public service announcements.
8 (3)(a) By December 15 of each general election year,
9 each supervisor of elections shall report to the Department of
10 State a detailed description of the voter education programs
11 implemented and any other information that may be useful in
12 evaluating the effectiveness of voter education efforts.
13 (b) The Department of State, upon receipt of such
14 information, shall prepare a public report on the
15 effectiveness of voter education programs and shall submit the
16 report to the Governor, the President of the Senate, and the
17 Speaker of the House of Representatives by January 31 of each
18 year following a general election.
19 (c) The Department of State shall reexamine the rules
20 adopted pursuant to subsection (1) and consider the findings
21 in these reports the report as a basis for adopting modified
22 rules that incorporate successful voter education programs and
23 techniques, as necessary.
24 Section 17. Subsection (10) of section 106.22, Florida
25 Statutes, is repealed.
26 Section 18. Paragraph (a) of subsection (7) of section
27 110.1227, Florida Statutes, is amended to read:
28 110.1227 Florida Employee Long-Term-Care Plan Act.--
29 (7) The board of directors of the Florida
30 Long-Term-Care Plan shall:
31
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (a) Upon implementation, prepare an annual report of
2 the plan, with the assistance of an actuarial consultant, to
3 be submitted to the Speaker of the House of Representatives,
4 the President of the Senate, the Governor, and the Legislature
5 the Minority Leaders of the Senate and the House of
6 Representatives.
7 Section 19. Subsection (9) of section 120.542, Florida
8 Statutes, is amended to read:
9 120.542 Variances and waivers.--
10 (9) Each agency shall maintain a record of the type
11 and disposition of each petition, including temporary or
12 emergency variances and waivers, filed pursuant to this
13 section. On October 1 of each year, each agency shall file a
14 report with the Governor, the President of the Senate, and the
15 Speaker of the House of Representatives listing the number of
16 petitions filed requesting variances to each agency rule, the
17 number of petitions filed requesting waivers to each agency
18 rule, and the disposition of all petitions. Temporary or
19 emergency variances and waivers, and the reasons for granting
20 or denying temporary or emergency variances and waivers, shall
21 be identified separately from other waivers and variances.
22 Section 20. Subsection (3) of section 120.60, Florida
23 Statutes, is amended to read:
24 120.60 Licensing.--
25 (3) Each applicant shall be given written notice
26 either personally or by mail that the agency intends to grant
27 or deny, or has granted or denied, the application for
28 license. The notice must state with particularity the grounds
29 or basis for the issuance or denial of the license, except
30 when issuance is a ministerial act. Unless waived, a copy of
31 the notice shall be delivered or mailed to each party's
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 attorney of record and to each person who has requested notice
2 of agency action. Each notice shall inform the recipient of
3 the basis for the agency decision, shall inform the recipient
4 of any administrative hearing pursuant to ss. 120.569 and
5 120.57 or judicial review pursuant to s. 120.68 which may be
6 available, shall indicate the procedure which must be
7 followed, and shall state the applicable time limits. The
8 issuing agency shall certify the date the notice was mailed or
9 delivered, and the notice and the certification shall be filed
10 with the agency clerk.
11 Section 21. Subsection (2) of section 120.695, Florida
12 Statutes, is amended to read:
13 120.695 Notice of noncompliance.--
14 (2)(a) Each agency shall issue a notice of
15 noncompliance as a first response to a minor violation of a
16 rule. A "notice of noncompliance" is a notification by the
17 agency charged with enforcing the rule issued to the person or
18 business subject to the rule. A notice of noncompliance may
19 not be accompanied with a fine or other disciplinary penalty.
20 It must identify the specific rule that is being violated,
21 provide information on how to comply with the rule, and
22 specify a reasonable time for the violator to comply with the
23 rule. A rule is agency action that regulates a business,
24 occupation, or profession, or regulates a person operating a
25 business, occupation, or profession, and that, if not complied
26 with, may result in a disciplinary penalty.
27 (a)(b) Each agency shall review all of its rules and
28 designate those rules for which a violation would be a minor
29 violation and for which a notice of noncompliance must be the
30 first enforcement action taken against a person or business
31 subject to regulation. A violation of a rule is a minor
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 violation if it does not result in economic or physical harm
2 to a person or adversely affect the public health, safety, or
3 welfare or create a significant threat of such harm. If an
4 agency under the direction of a cabinet officer mails to each
5 licensee a notice of the designated rules at the time of
6 licensure and at least annually thereafter, the provisions of
7 paragraph (a) may be exercised at the discretion of the
8 agency. Such notice shall include a subject-matter index of
9 the rules and information on how the rules may be obtained.
10 (c) The agency's review and designation must be
11 completed by December 1, 1995; each agency under the direction
12 of the Governor shall make a report to the Governor, and each
13 agency under the joint direction of the Governor and Cabinet
14 shall report to the Governor and Cabinet by January 1, 1996,
15 on which of its rules have been designated as rules the
16 violation of which would be a minor violation.
17 (b)(d) The Governor or the Governor and Cabinet, as
18 appropriate pursuant to paragraph (c), may evaluate the rule
19 review and designation effects of each agency and may apply a
20 different designation than that applied by the agency.
21 (3)(e) This section does not apply to the regulation
22 of law enforcement personnel or teachers.
23 (4)(f) Rule designation pursuant to this section is
24 not subject to challenge under this chapter.
25 Section 22. Section 120.74, Florida Statutes, is
26 amended to read:
27 120.74 Agency review, revision, and report.--
28 (1) Each agency shall review and revise its rules as
29 often as necessary to ensure that its rules are correct and
30 comply with statutory requirements.
31
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (2) Additionally, each agency shall perform a formal
2 review of its rules every 2 years. In the review, each agency
3 must:
4 (a) Identify and correct deficiencies in its rules;
5 (b) Clarify and simplify its rules;
6 (c) Delete obsolete or unnecessary rules;
7 (d) Delete rules that are redundant of statutes;
8 (e) Seek to improve efficiency, reduce paperwork, or
9 decrease costs to government and the private sector; and
10 (f) Contact agencies that have concurrent or
11 overlapping jurisdiction to determine whether their rules can
12 be coordinated to promote efficiency, reduce paperwork, or
13 decrease costs to government and the private sector.
14 (2) Beginning October 1, 1997, and by October 1 of
15 every other year thereafter, the head of each agency shall
16 file a report with the President of the Senate and the Speaker
17 of the House of Representatives, with a copy to each
18 appropriate standing committee of the Legislature, which
19 certifies that the agency has complied with the requirements
20 of this subsection. The report must specify any changes made
21 to its rules as a result of the review and, when appropriate,
22 recommend statutory changes that will promote efficiency,
23 reduce paperwork, or decrease costs to government and the
24 private sector.
25 Section 23. Subsection (3) of section 121.45, Florida
26 Statutes, is amended to read:
27 121.45 Interstate compacts relating to pension
28 portability.--
29 (3) ESTABLISHMENT OF COMPACTS.--
30 (a) The Department of Management Services is
31 authorized and directed to survey other state retirement
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 systems to determine if such retirement systems are interested
2 in developing an interstate compact with Florida.
3 (b) If any such state is interested in pursuing the
4 matter, the department shall confer with the other state, and
5 the consulting actuaries of both states, and shall present its
6 findings to the committees having jurisdiction over retirement
7 matters in the Legislature, and to representatives of affected
8 certified bargaining units, in order to determine the
9 feasibility of developing a portability compact, what groups
10 should be covered, and the goals and priorities which should
11 guide such development.
12 (c) Upon a determination that such a compact is
13 feasible and upon request of the Legislature, the department,
14 together with its consulting actuaries, shall, in accordance
15 with said goals and priorities, develop a proposal under which
16 retirement credit may be transferred to or from Florida in an
17 actuarially sound manner which shall be presented to the
18 Governor and the Legislature for consideration.
19 (d) Once a proposal has been developed, the department
20 shall contract with its consulting actuaries to conduct an
21 actuarial study of the proposal to determine the cost to the
22 Florida Retirement System Trust Fund and the State of Florida.
23 (e) After the actuarial study has been completed, the
24 department shall present its findings and the actuarial study
25 to the Legislature for consideration. If either house of the
26 Legislature elects to enter into such a compact, it shall be
27 introduced in the form of a proposed committee bill to the
28 full Legislature during the same or next regular session.
29 Section 24. Section 153.952, Florida Statutes, is
30 repealed.
31
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 25. Subsections (3) through (22) of section
2 161.053, Florida Statutes, are amended to read:
3 161.053 Coastal construction and excavation;
4 regulation on county basis.--
5 (3) It is the intent of the Legislature that any
6 coastal construction control line that has not been updated
7 since June 30, 1980, shall be considered a critical priority
8 for reestablishment by the department. In keeping with this
9 intent, the department shall notify the Legislature if all
10 such lines cannot be reestablished by December 31, 1997, so
11 that the Legislature may subsequently consider interim lines
12 of jurisdiction for the remaining counties.
13 (3)(4) Any coastal county or coastal municipality may
14 establish coastal construction zoning and building codes in
15 lieu of the provisions of this section, provided such zones
16 and codes are approved by the department as being adequate to
17 preserve and protect the beaches and coastal barrier dunes
18 adjacent to such beaches which are under the jurisdiction of
19 the department from imprudent construction that will
20 jeopardize the stability of the beach-dune system, accelerate
21 erosion, provide inadequate protection to upland structures,
22 endanger adjacent properties, or interfere with public beach
23 access. Exceptions to locally established coastal
24 construction zoning and building codes shall not be granted
25 unless previously approved by the department. It is the
26 intent of this subsection to provide for local administration
27 of established coastal construction control lines through
28 approved zoning and building codes where desired by local
29 interests and where such local interests have, in the judgment
30 of the department, sufficient funds and personnel to
31 adequately administer the program. Should the department
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 determine at any time that the program is inadequately
2 administered, the department shall have authority to revoke
3 the authority granted to the county or municipality.
4 (4)(5) Except in those areas where local zoning and
5 building codes have been established pursuant to subsection
6 (3) (4), a permit to alter, excavate, or construct on property
7 seaward of established coastal construction control lines may
8 be granted by the department as follows:
9 (a) The department may authorize an excavation or
10 erection of a structure at any coastal location as described
11 in subsection (1) upon receipt of an application from a
12 property and/or riparian owner and upon the consideration of
13 facts and circumstances, including:
14 1. Adequate engineering data concerning shoreline
15 stability and storm tides related to shoreline topography;
16 2. Design features of the proposed structures or
17 activities; and
18 3. Potential impacts of the location of such
19 structures or activities, including potential cumulative
20 effects of any proposed structures or activities upon such
21 beach-dune system, which, in the opinion of the department,
22 clearly justify such a permit.
23 (b) If in the immediate contiguous or adjacent area a
24 number of existing structures have established a reasonably
25 continuous and uniform construction line closer to the line of
26 mean high water than the foregoing, and if the existing
27 structures have not been unduly affected by erosion, a
28 proposed structure may, at the discretion of the department,
29 be permitted along such line on written authorization from the
30 department if such structure is also approved by the
31 department. However, the department shall not contravene
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 setback requirements or zoning or building codes established
2 by a county or municipality which are equal to, or more strict
3 than, those requirements provided herein. This paragraph does
4 not prohibit the department from requiring structures to meet
5 design and siting criteria established in paragraph (a) or in
6 subsection (1) or subsection (2).
7 (c) The department may condition the nature, timing,
8 and sequence of construction of permitted activities to
9 provide protection to nesting sea turtles and hatchlings and
10 their habitat, pursuant to s. 370.12, and to native
11 salt-resistant vegetation and endangered plant communities.
12 (d) The department may require such engineer
13 certifications as necessary to assure the adequacy of the
14 design and construction of permitted projects.
15 (e) The department shall limit the construction of
16 structures which interfere with public access along the beach.
17 However, the department may require, as a condition to
18 granting permits, the provision of alternative access when
19 interference with public access along the beach is
20 unavoidable. The width of such alternate access may not be
21 required to exceed the width of the access that will be
22 obstructed as a result of the permit being granted.
23 (f) The department may, as a condition to the granting
24 of a permit under this section, require mitigation, financial,
25 or other assurances acceptable to the department as may be
26 necessary to assure performance of conditions of a permit or
27 enter into contractual agreements to best assure compliance
28 with any permit conditions. The department may also require
29 notice of the permit conditions required and the contractual
30 agreements entered into pursuant to the provisions of this
31
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 subsection to be filed in the public records of the county in
2 which the permitted activity is located.
3 (5)(a)(6)(a) As used in this subsection:
4 1. "Frontal dune" means the first natural or manmade
5 mound or bluff of sand which is located landward of the beach
6 and which has sufficient vegetation, height, continuity, and
7 configuration to offer protective value.
8 2. "Seasonal high-water line" means the line formed by
9 the intersection of the rising shore and the elevation of 150
10 percent of the local mean tidal range above local mean high
11 water.
12 (b) After October 1, 1985, and notwithstanding any
13 other provision of this part, the department, or a local
14 government to which the department has delegated permitting
15 authority pursuant to subsections (3) (4) and (15) (16), shall
16 not issue any permit for any structure, other than a coastal
17 or shore protection structure, minor structure, or pier,
18 meeting the requirements of this part, or other than intake
19 and discharge structures for a facility sited pursuant to part
20 II of chapter 403, which is proposed for a location which,
21 based on the department's projections of erosion in the area,
22 will be seaward of the seasonal high-water line within 30
23 years after the date of application for such permit. The
24 procedures for determining such erosion shall be established
25 by rule. In determining the area which will be seaward of the
26 seasonal high-water line in 30 years, the department shall not
27 include any areas landward of a coastal construction control
28 line.
29 (c) Where the application of paragraph (b) would
30 preclude the construction of a structure, the department may
31
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 issue a permit for a single-family dwelling for the parcel so
2 long as:
3 1. The parcel for which the single-family dwelling is
4 proposed was platted or subdivided by metes and bounds before
5 the effective date of this section;
6 2. The owner of the parcel for which the single-family
7 dwelling is proposed does not own another parcel immediately
8 adjacent to and landward of the parcel for which the dwelling
9 is proposed;
10 3. The proposed single-family dwelling is located
11 landward of the frontal dune structure; and
12 4. The proposed single-family dwelling will be as far
13 landward on its parcel as is practicable without being located
14 seaward of or on the frontal dune.
15 (d) In determining the land areas which will be below
16 the seasonal high-water line within 30 years after the permit
17 application date, the department shall consider the impact on
18 the erosion rates of an existing beach nourishment or
19 restoration project or of a beach nourishment or restoration
20 project for which all funding arrangements have been made and
21 all permits have been issued at the time the application is
22 submitted. The department shall consider each year there is
23 sand seaward of the erosion control line that no erosion took
24 place that year. However, the seaward extent of the beach
25 nourishment or restoration project beyond the erosion control
26 line shall not be considered in determining the applicable
27 erosion rates. Nothing in this subsection shall prohibit the
28 department from requiring structures to meet criteria
29 established in subsection (1), subsection (2), or subsection
30 (4) (5) or to be further landward than required by this
31
50
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 subsection based on the criteria established in subsection
2 (1), subsection (2), or subsection (4) (5).
3 (e) The department shall annually report to the
4 Legislature the status of this program, including any changes
5 to the previously adopted procedures for determining erosion
6 projections.
7 (6)(7) Any coastal structure erected, or excavation
8 created, in violation of the provisions of this section is
9 hereby declared to be a public nuisance; and such structure
10 shall be forthwith removed or such excavation shall be
11 forthwith refilled after written notice by the department
12 directing such removal or filling. In the event the structure
13 is not removed or the excavation refilled within a reasonable
14 time as directed, the department may remove such structure or
15 fill such excavation at its own expense; and the costs thereof
16 shall become a lien upon the property of the upland owner upon
17 which such unauthorized structure or excavation is located.
18 (7)(8) Any person, firm, corporation, or agent thereof
19 who violates this section is guilty of a misdemeanor of the
20 first degree, punishable as provided in s. 775.082 or s.
21 775.083; except that a person driving any vehicle on, over, or
22 across any sand dune and damaging or causing to be damaged
23 such sand dune or the vegetation growing thereon in violation
24 of this section is guilty of a misdemeanor of the second
25 degree, punishable as provided in s. 775.082 or s. 775.083. A
26 person, firm, corporation, or agent thereof shall be deemed
27 guilty of a separate offense for each day during any portion
28 of which any violation of this section is committed or
29 continued.
30 (8)(9) The provisions of this section do not apply to
31 structures intended for shore protection purposes which are
51
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 regulated by s. 161.041 or to structures existing or under
2 construction prior to the establishment of the coastal
3 construction control line as provided herein, provided such
4 structures may not be materially altered except as provided in
5 subsection (4) (5). Except for structures that have been
6 materially altered, structures determined to be under
7 construction at the time of the establishment or
8 reestablishment of the coastal construction control line shall
9 be exempt from the provisions of this section. However, unless
10 such an exemption has been judicially confirmed to exist prior
11 to April 10, 1992, the exemption shall last only for a period
12 of 3 years from either the date of the determination of the
13 exemption or April 10, 1992, whichever occurs later. The
14 department may extend the exemption period for structures that
15 require longer periods for completion of their construction,
16 provided that construction during the initial exemption period
17 has been continuous. For purposes of this subsection,
18 "continuous" means following a reasonable sequence of
19 construction without significant or unreasonable periods of
20 work stoppage.
21 (9)(10) The department may by regulation exempt
22 specifically described portions of the coastline from the
23 provisions of this section when in its judgment such portions
24 of coastline because of their nature are not subject to
25 erosion of a substantially damaging effect to the public.
26 (10)(11) Pending the establishment of coastal
27 construction control lines as provided herein, the provisions
28 of s. 161.052 shall remain in force. However, upon the
29 establishment of coastal construction control lines, or the
30 establishment of coastal construction zoning and building
31
52
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 codes as provided in subsection (3) (4), the provisions of s.
2 161.052 shall be superseded by the provisions of this section.
3 (11)(a)(12)(a) The coastal construction control
4 requirements defined in subsection (1) and the requirements of
5 the erosion projections pursuant to subsection (5) (6) do not
6 apply to any modification, maintenance, or repair to any
7 existing structure within the limits of the existing
8 foundation which does not require, involve, or include any
9 additions to, or repair or modification of, the existing
10 foundation of that structure. Specifically excluded from this
11 exemption are seawalls or other rigid coastal or shore
12 protection structures and any additions or enclosures added,
13 constructed, or installed below the first dwelling floor or
14 lowest deck of the existing structure.
15 (b) Activities seaward of the coastal construction
16 control line which are determined by the department not to
17 cause a measurable interference with the natural functioning
18 of the coastal system are exempt from the requirements in
19 subsection (4) (5).
20 (c) The department may establish exemptions from the
21 requirements of this section for minor activities determined
22 by the department not to have adverse impacts on the coastal
23 system. Examples of such activities include, but are not
24 limited to:
25 1. Boat moorings;
26 2. Maintenance of existing beach/dune vegetation;
27 3. The burial of seaweed, dead fish, whales, or other
28 marine animals on the unvegetated beach;
29 4. The removal of piers or other derelict structures
30 from the unvegetated beach or seaward of mean high water;
31
53
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 5. Temporary emergency vehicular access, provided any
2 impacted area is immediately restored;
3 6. The removal of any existing structures or debris
4 from the upland, provided there is no excavation or
5 disturbance to the existing topography or beach/dune
6 vegetation;
7 7. Construction of any new roof overhang extending no
8 more than 4 feet beyond the confines of the existing
9 foundation during modification, renovation, or reconstruction
10 of a habitable structure within the confines of the existing
11 foundation of that structure which does not include any
12 additions to or modification of the existing foundation of
13 that structure;
14 8. Minor and temporary excavation for the purpose of
15 repairs to existing subgrade residential service utilities
16 (e.g., water and sewer lines, septic tanks and drainfields,
17 electrical and telephone cables, and gas lines), provided that
18 there is minimal disturbance and that grade is restored with
19 fill compatible in both coloration and grain size to the
20 onsite material and any damaged or destroyed vegetation is
21 restored using similar vegetation; and
22 9. Any other minor construction with impacts similar
23 to the above activities.
24 (12)(a)(13)(a) Notwithstanding the coastal
25 construction control requirements defined in subsection (1) or
26 the erosion projection determined pursuant to subsection (5)
27 (6), the department may, at its discretion, issue a permit for
28 the repair or rebuilding within the confines of the original
29 foundation of a major structure pursuant to the provisions of
30 subsection (4) (5). Alternatively, the department may also, at
31 its discretion, issue a permit for a more landward relocation
54
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 or rebuilding of a damaged or existing structure if such
2 relocation or rebuilding would not cause further harm to the
3 beach-dune system, and if, in the case of rebuilding, such
4 rebuilding complies with the provisions of subsection (4) (5),
5 and otherwise complies with the provisions of this subsection.
6 (b) Under no circumstances shall the department permit
7 such repairs or rebuilding that expand the capacity of the
8 original structure seaward of the 30-year erosion projection
9 established pursuant to subsection (5) (6).
10 (c) In reviewing applications for relocation or
11 rebuilding, the department shall specifically consider changes
12 in shoreline conditions, the availability of other relocation
13 or rebuilding options, and the design adequacy of the project
14 sought to be rebuilt.
15 (d) Permits issued under this subsection shall not be
16 considered precedential as to the issuance of subsequent
17 permits.
18 (13)(14) Concurrent with the establishment of a
19 coastal construction control line and the ongoing
20 administration of this chapter, the secretary of the
21 department shall make recommendations to the Board of Trustees
22 of the Internal Improvement Trust Fund concerning the purchase
23 of the fee or any lesser interest in any lands seaward of the
24 control line pursuant to the state's Save Our Coast,
25 Conservation and Recreation Lands, or Outdoor Recreation Land
26 acquisition programs; and, with respect to those control lines
27 established pursuant to this section prior to June 14, 1978,
28 the secretary may make such recommendations.
29 (14)(15) A coastal county or municipality fronting on
30 the Gulf of Mexico, the Atlantic Ocean, or the Straits of
31 Florida shall advise the department within 5 days after
55
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 receipt of any permit application for construction or other
2 activities proposed to be located seaward of the line
3 established by the department pursuant to the provisions of
4 this section. Within 5 days after receipt of such application,
5 the county or municipality shall notify the applicant of the
6 requirements for state permits.
7 (15)(16) In keeping with the intent of subsection (3)
8 (4), and at the discretion of the department, authority for
9 permitting certain types of activities which have been defined
10 by the department may be delegated by the department to a
11 coastal county or coastal municipality. Such partial
12 delegation shall be narrowly construed to those particular
13 activities specifically named in the delegation and agreed to
14 by the affected county or municipality, and the delegation may
15 be revoked by the department at any time if it is determined
16 that the delegation is improperly or inadequately
17 administered.
18 (16)(17) The department may, at the request of a
19 property owner, contract with such property owner for an
20 agreement, or modify an existing contractual agreement
21 regulating development activities landward of a coastal
22 construction control line, provided that nothing within the
23 contractual agreement shall be inconsistent with the design
24 and siting provisions of this section. In no case shall the
25 contractual agreement bind either party for a period longer
26 than 5 years from its date of execution. Prior to beginning
27 any construction activity covered by the agreement, the
28 property owner shall obtain the necessary authorization
29 required by the agreement. The agreement shall not authorize
30 construction for:
31
56
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (a) Major habitable structures which would require
2 construction beyond the expiration of the agreement, unless
3 such construction is above the completed foundation; or
4 (b) Nonhabitable major structures or minor structures,
5 unless such construction was authorized at the same time as
6 the habitable major structure.
7 (17)(18) The department is authorized to grant
8 areawide permits to local governments, other governmental
9 agencies, and utility companies for special classes of
10 activities in areas under their general jurisdiction or
11 responsibility, so long as these activities, due to the type,
12 size, or temporary nature of the activity, will not cause
13 measurable interference with the natural functioning of the
14 beach dune system or with marine turtles or their nesting
15 sites. Such activities shall include, but not be limited to:
16 road repairs, not including new construction; utility repairs
17 and replacements, or other minor activities necessary to
18 provide utility services; beach cleaning; and emergency
19 response. The department may adopt rules to establish criteria
20 and guidelines for use by permit applicants. The department
21 shall require notice provisions appropriate to the type and
22 nature of the activities for which areawide permits are
23 sought.
24 (18)(19) The department is authorized to grant general
25 permits for projects, including dune walkovers, decks, fences,
26 landscaping, sidewalks, driveways, pool resurfacing, minor
27 pool repairs, and other nonhabitable structures, so long as
28 these projects, due to the type, size, or temporary nature of
29 the project, will not cause a measurable interference with the
30 natural functioning of the beach dune system or with marine
31 turtles or their nesting sites. In no event shall multifamily
57
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 habitable structures qualify for general permits. However,
2 single-family habitable structures which do not advance the
3 line of existing construction and satisfy all siting and
4 design requirements of this section may be eligible for a
5 general permit pursuant to this subsection. The department may
6 adopt rules to establish criteria and guidelines for use by
7 permit applicants.
8 (a) Persons wishing to use the general permits set
9 forth in this subsection shall, at least 30 days before
10 beginning any work, notify the department in writing on forms
11 adopted by the department. The notice shall include a
12 description of the proposed project and supporting documents
13 depicting the proposed project, its location, and other
14 pertinent information as required by rule, to demonstrate that
15 the proposed project qualifies for the requested general
16 permit. Persons who undertake projects without proof of
17 notice to the department, but whose projects would otherwise
18 qualify for general permits, shall be considered as being
19 undertaken without a permit and shall be subject to
20 enforcement pursuant to s. 161.121.
21 (b) Persons wishing to use a general permit must
22 provide notice as required by the applicable local building
23 code where the project will be located. If a building code
24 requires no notice, any person wishing to use a general permit
25 must, at a minimum, post on the property at least 5 days prior
26 to the commencement of construction a sign no smaller than 88
27 square inches, with letters no smaller than one-quarter inch,
28 describing the project.
29 (19)(a)(20)(a) The department may suspend or revoke
30 the use of a general or areawide permit for good cause,
31 including: submission of false or inaccurate information in
58
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 the notification for use of a general or areawide permit;
2 violation of law, department orders, or rules relating to
3 permit conditions; deviation from the specified activity or
4 project indicated or the conditions for undertaking the
5 activity or project; refusal of lawful inspection; or any
6 other act on the permittee's part in using the general or
7 areawide permit which results or may result in harm or injury
8 to human health or welfare, or which causes harm or injury to
9 animal, plant, or aquatic life or to property.
10 (b) The department shall have access to the permitted
11 activity or project at reasonable times to inspect and
12 determine compliance with the permit and department rules.
13 (20)(21) The department is authorized to adopt rules
14 related to the following provisions of this section:
15 establishment of coastal construction control lines;
16 activities seaward of the coastal construction control line;
17 exemptions; property owner agreements; delegation of the
18 program; permitting programs; and violations and penalties.
19 (21)(22) In accordance with ss. 553.73 and 553.79, and
20 upon the effective date of the Florida Building Code, the
21 provisions of this section which pertain to and govern the
22 design, construction, erection, alteration, modification,
23 repair, and demolition of public and private buildings,
24 structures, and facilities shall be incorporated into the
25 Florida Building Code. The Florida Building Commission shall
26 have the authority to adopt rules pursuant to ss. 120.536 and
27 120.54 in order to implement those provisions. This subsection
28 does not limit or abrogate the right and authority of the
29 department to require permits or to adopt and enforce
30 environmental standards, including but not limited to,
31 standards for ensuring the protection of the beach-dune
59
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 system, proposed or existing structures, adjacent properties,
2 marine turtles, native salt-resistant vegetation, endangered
3 plant communities, and the preservation of public beach
4 access.
5 Section 26. Subsection (2) of section 161.161, Florida
6 Statutes, is amended to read:
7 161.161 Procedure for approval of projects.--
8 (2) Annually Upon approval of the beach management
9 plan, the secretary shall present to the Legislature President
10 of the Senate, the Speaker of the House of Representatives,
11 and the chairs of the legislative appropriations committees
12 recommendations for funding of beach erosion control projects
13 prioritized according to the. Such recommendations shall be
14 presented to such members of the Legislature in the priority
15 order specified in the plan and established pursuant to
16 criteria established contained in s. 161.101(14).
17 Section 27. Section 163.2526, Florida Statutes, is
18 repealed.
19 Section 28. Subsection (2) of section 163.3167,
20 Florida Statutes, is amended to read:
21 163.3167 Scope of act.--
22 (2) Each local government shall prepare a
23 comprehensive plan of the type and in the manner set out in
24 this act or shall prepare amendments to its existing
25 comprehensive plan to conform it to the requirements of this
26 part in the manner set out in this part. Each local
27 government, in accordance with the procedures in s. 163.3184,
28 shall submit its complete proposed comprehensive plan or its
29 complete comprehensive plan as proposed to be amended to the
30 state land planning agency by the date specified in the rule
31 adopted by the state land planning agency pursuant to this
60
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 subsection. The state land planning agency shall, prior to
2 October 1, 1987, adopt a schedule of local governments
3 required to submit complete proposed comprehensive plans or
4 comprehensive plans as proposed to be amended. Such schedule
5 shall specify the exact date of submission for each local
6 government, shall establish equal, staggered submission dates,
7 and shall be consistent with the following time periods:
8 (a) Beginning on July 1, 1988, and on or before July
9 1, 1990, each county that is required to include a coastal
10 management element in its comprehensive plan and each
11 municipality in such a county; and
12 (b) Beginning on July 1, 1989, and on or before July
13 1, 1991, all other counties or municipalities.
14
15 Nothing herein shall preclude the state land planning agency
16 from permitting by rule a county together with each
17 municipality in the county from submitting a proposed
18 comprehensive plan earlier than the dates established in
19 paragraphs (a) and (b). Any county or municipality that fails
20 to meet the schedule set for submission of its proposed
21 comprehensive plan by more than 90 days shall be subject to
22 the sanctions described in s. 163.3184(11)(a) imposed by the
23 Administration Commission. Notwithstanding the time periods
24 established in this subsection, the state land planning agency
25 may establish later deadlines for the submission of proposed
26 comprehensive plans or comprehensive plans as proposed to be
27 amended for a county or municipality which has all or a part
28 of a designated area of critical state concern within its
29 boundaries; however, such deadlines shall not be extended to a
30 date later than July 1, 1991, or the time of de-designation,
31 whichever is earlier.
61
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 29. Paragraph (h) of subsection (6) and
2 paragraph (k) of subsection (10) of section 163.3177, Florida
3 Statutes, are amended to read:
4 163.3177 Required and optional elements of
5 comprehensive plan; studies and surveys.--
6 (6) In addition to the requirements of subsections
7 (1)-(5), the comprehensive plan shall include the following
8 elements:
9 (h)1. An intergovernmental coordination element
10 showing relationships and stating principles and guidelines to
11 be used in coordinating the accomplishment of coordination of
12 the adopted comprehensive plan with the plans of school boards
13 and other units of local government providing services but not
14 having regulatory authority over the use of land, with the
15 comprehensive plans of adjacent municipalities, the county,
16 adjacent counties, or the region, with the state comprehensive
17 plan and with the applicable regional water supply plan
18 approved pursuant to s. 373.0361, as the case may require and
19 as such adopted plans or plans in preparation may exist. This
20 element of the local comprehensive plan shall consider
21 demonstrate consideration of the particular effects of the
22 local plan, when adopted, upon the development of adjacent
23 municipalities, the county, adjacent counties, or the region,
24 or upon the state comprehensive plan, as the case may require.
25 a. The intergovernmental coordination element shall
26 provide for procedures for identifying and implementing to
27 identify and implement joint planning areas, especially for
28 the purpose of annexation, municipal incorporation, and joint
29 infrastructure service areas.
30
31
62
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 b. The intergovernmental coordination element shall
2 provide for recognition of campus master plans prepared
3 pursuant to s. 1013.30.
4 c. The intergovernmental coordination element may
5 provide for a voluntary dispute resolution process, as
6 established pursuant to s. 186.509, for bringing to closure in
7 a timely manner intergovernmental disputes. A local
8 government may also develop and use an alternative local
9 dispute resolution process for this purpose.
10 2. The intergovernmental coordination element shall
11 further state principles and guidelines to be used in
12 coordinating the accomplishment of coordination of the adopted
13 comprehensive plan with the plans of school boards and other
14 units of local government providing facilities and services
15 but not having regulatory authority over the use of land. In
16 addition, the intergovernmental coordination element shall
17 describe joint processes for collaborative planning and
18 decisionmaking on population projections and public school
19 siting, the location and extension of public facilities
20 subject to concurrency, and siting facilities with countywide
21 significance, including locally unwanted land uses whose
22 nature and identity are established in an agreement. Within 1
23 year of adopting their intergovernmental coordination
24 elements, each county, all the municipalities within that
25 county, the district school board, and any unit of local
26 government service providers in that county shall establish by
27 interlocal or other formal agreement executed by all affected
28 entities, the joint processes described in this subparagraph
29 consistent with their adopted intergovernmental coordination
30 elements.
31
63
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 3. To foster coordination between special districts
2 and local general-purpose governments as local general-purpose
3 governments implement local comprehensive plans, each
4 independent special district must submit a public facilities
5 report to the appropriate local government as required by s.
6 189.415.
7 4.a. Local governments adopting a public educational
8 facilities element pursuant to s. 163.31776 must execute an
9 interlocal agreement with the district school board, the
10 county, and nonexempt municipalities, as defined by s.
11 163.31776(1), which includes the items listed in s.
12 163.31777(2). The local government shall amend the
13 intergovernmental coordination element to provide that
14 coordination between the local government and school board is
15 pursuant to the agreement and shall state the obligations of
16 the local government under the agreement.
17 b. Plan amendments that comply with this subparagraph
18 are exempt from the provisions of s. 163.3187(1).
19 5. The state land planning agency shall establish a
20 schedule for phased completion and transmittal of plan
21 amendments to implement subparagraphs 1., 2., and 3. from all
22 jurisdictions so as to accomplish their adoption by December
23 31, 1999. A local government may complete and transmit its
24 plan amendments to carry out these provisions prior to the
25 scheduled date established by the state land planning agency.
26 The plan amendments are exempt from the provisions of s.
27 163.3187(1).
28 5.6. By January 1, 2004, any county having a
29 population greater than 100,000, and the municipalities and
30 special districts within that county, shall submit a report to
31 the Department of Community Affairs which identifies:
64
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 a. Identifies All existing or proposed interlocal
2 service-delivery agreements regarding the following:
3 education; sanitary sewer; public safety; solid waste;
4 drainage; potable water; parks and recreation; and
5 transportation facilities.
6 b. Identifies Any deficits or duplication in the
7 provision of services within its jurisdiction, whether capital
8 or operational. Upon request, the Department of Community
9 Affairs shall provide technical assistance to the local
10 governments in identifying deficits or duplication.
11 6.7. Within 6 months after submission of the report,
12 the Department of Community Affairs shall, through the
13 appropriate regional planning council, coordinate a meeting of
14 all local governments within the regional planning area to
15 discuss the reports and potential strategies to remedy any
16 identified deficiencies or duplications.
17 7.8. Each local government shall update its
18 intergovernmental coordination element based upon the findings
19 in the report submitted pursuant to subparagraph 5. 6. The
20 report may be used as supporting data and analysis for the
21 intergovernmental coordination element.
22 9. By February 1, 2003, representatives of
23 municipalities, counties, and special districts shall provide
24 to the Legislature recommended statutory changes for
25 annexation, including any changes that address the delivery of
26 local government services in areas planned for annexation.
27 (10) The Legislature recognizes the importance and
28 significance of chapter 9J-5, Florida Administrative Code, the
29 Minimum Criteria for Review of Local Government Comprehensive
30 Plans and Determination of Compliance of the Department of
31 Community Affairs that will be used to determine compliance of
65
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 local comprehensive plans. The Legislature reserved unto
2 itself the right to review chapter 9J-5, Florida
3 Administrative Code, and to reject, modify, or take no action
4 relative to this rule. Therefore, pursuant to subsection (9),
5 the Legislature hereby has reviewed chapter 9J-5, Florida
6 Administrative Code, and expresses the following legislative
7 intent:
8 (k) So that local governments are able to prepare and
9 adopt comprehensive plans with knowledge of the rules that
10 will be applied to determine consistency of the plans with
11 provisions of this part, it is the intent of the Legislature
12 that there should be no doubt as to the legal standing of
13 chapter 9J-5, Florida Administrative Code, at the close of the
14 1986 legislative session. Therefore, the Legislature declares
15 that changes made to chapter 9J-5, Florida Administrative
16 Code, prior to October 1, 1986, shall not be subject to rule
17 challenges under s. 120.56(2), or to drawout proceedings under
18 s. 120.54(3)(c)2. The entire chapter 9J-5, Florida
19 Administrative Code, as amended, shall be subject to rule
20 challenges under s. 120.56(3), as nothing herein shall be
21 construed to indicate approval or disapproval of any portion
22 of chapter 9J-5, Florida Administrative Code, not specifically
23 addressed herein. No challenge pursuant to s. 120.56(3) may be
24 filed from July 1, 1987, through April 1, 1993. Any amendments
25 to chapter 9J-5, Florida Administrative Code, exclusive of the
26 amendments adopted prior to October 1, 1986, pursuant to this
27 act, shall be subject to the full chapter 120 process. All
28 amendments shall have effective dates as provided in chapter
29 120 and submission to the President of the Senate and Speaker
30 of the House of Representatives shall not be required.
31
66
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 30. Subsection (6) of section 163.3178,
2 Florida Statutes, is amended to read:
3 163.3178 Coastal management.--
4 (6) Local governments are encouraged to adopt
5 countywide marina siting plans to designate sites for existing
6 and future marinas. The Coastal Resources Interagency
7 Management Committee, at the direction of the Legislature,
8 shall identify incentives to encourage local governments to
9 adopt such siting plans and uniform criteria and standards to
10 be used by local governments to implement state goals,
11 objectives, and policies relating to marina siting. These
12 criteria must ensure that priority is given to water-dependent
13 land uses. The Coastal Resources Interagency Management
14 Committee shall submit its recommendations regarding local
15 government incentives to the Legislature by December 1, 1993.
16 Countywide marina siting plans must be consistent with state
17 and regional environmental planning policies and standards.
18 Each local government in the coastal area which participates
19 in adoption of a countywide marina siting plan shall
20 incorporate the plan into the coastal management element of
21 its local comprehensive plan.
22 Section 31. Subsection (12) of section 163.519,
23 Florida Statutes, is repealed.
24 Section 32. Subsection (9) of section 186.007, Florida
25 Statutes, is repealed.
26 Section 33. Section 186.022, Florida Statutes, is
27 amended to read:
28 186.022 Information technology strategic plans.--By
29 June 1 of each year, the Financial Management Information
30 Board, the Criminal and Juvenile Justice Information Systems
31 Council, and the Health Information Systems Council shall each
67
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 develop and submit to the State Technology Office an
2 information technology strategic plan in a form and manner
3 prescribed in written instructions from the State Technology
4 Office in consultation with the Executive Office of the
5 Governor and the legislative appropriations committees. The
6 State Technology Office shall review each such strategic plan
7 and shall determine whether each such plan is consistent with
8 the State Annual Report on Enterprise Resource Planning and
9 Management and statewide policies adopted by the State
10 Technology Office, and by July 1 of each year shall develop
11 and transmit to each such board and council a written
12 expression of its findings, conclusions, and required changes,
13 if any, with respect to each such strategic plan. If any
14 change to any such strategic plan is required, each affected
15 board and council shall revise its strategic plan to the
16 extent necessary to incorporate such required changes and
17 shall resubmit its strategic plan to the State Technology
18 Office for final approval and acceptance.
19 Section 34. Subsection (5) of section 189.4035,
20 Florida Statutes, is amended to read:
21 189.4035 Preparation of official list of special
22 districts.--
23 (5) The official list of special districts shall be
24 available on the department's website distributed by the
25 department on October 1 of each year to the President of the
26 Senate, the Speaker of the House of Representatives, the
27 Auditor General, the Department of Revenue, the Department of
28 Financial Services, the Department of Management Services, the
29 State Board of Administration, counties, municipalities,
30 county property appraisers, tax collectors, and supervisors of
31 elections and to all interested parties who request the list.
68
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 35. Subsection (2) of section 189.412, Florida
2 Statutes, is amended to read:
3 189.412 Special District Information Program; duties
4 and responsibilities.--The Special District Information
5 Program of the Department of Community Affairs is created and
6 has the following special duties:
7 (2) The maintenance of a master list of independent
8 and dependent special districts which shall be available on
9 the department's website annually updated and distributed to
10 the appropriate officials in state and local governments.
11 Section 36. Subsection (2) of section 194.034, Florida
12 Statutes, is amended to read:
13 194.034 Hearing procedures; rules.--
14 (2) In each case, except when a complaint is withdrawn
15 by the petitioner or is acknowledged as correct by the
16 property appraiser, the value adjustment board shall render a
17 written decision. All such decisions shall be issued within
18 20 calendar days of the last day the board is in session under
19 s. 194.032. The decision of the board shall contain findings
20 of fact and conclusions of law and shall include reasons for
21 upholding or overturning the determination of the property
22 appraiser. When a special magistrate has been appointed, the
23 recommendations of the special magistrate shall be considered
24 by the board. The clerk, upon issuance of the decisions,
25 shall, on a form provided by the Department of Revenue, notify
26 by first-class mail each taxpayer and, the property appraiser,
27 and the department of the decision of the board.
28 Section 37. Paragraph (b) of subsection (1) of section
29 206.606, Florida Statutes, is amended to read:
30 206.606 Distribution of certain proceeds.--
31
69
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
2 206.87(1)(e) shall be deposited in the Fuel Tax Collection
3 Trust Fund. Such moneys, after deducting the service charges
4 imposed by s. 215.20, the refunds granted pursuant to s.
5 206.41, and the administrative costs incurred by the
6 department in collecting, administering, enforcing, and
7 distributing the tax, which administrative costs may not
8 exceed 2 percent of collections, shall be distributed monthly
9 to the State Transportation Trust Fund, except that:
10 (b) $2.5 million shall be transferred annually to the
11 State Game Trust Fund in the Fish and Wildlife Conservation
12 Commission in each fiscal year and used for recreational
13 boating activities, and freshwater fisheries management and
14 research. The transfers must be made in equal monthly amounts
15 beginning on July 1 of each fiscal year. The commission shall
16 annually determine where unmet needs exist for boating-related
17 activities, and may fund such activities in counties where,
18 due to the number of vessel registrations, sufficient
19 financial resources are unavailable.
20 1. A minimum of $1.25 million shall be used to fund
21 local projects to provide recreational channel marking, public
22 launching facilities, aquatic plant control, and other local
23 boating related activities. In funding the projects, the
24 commission shall give priority consideration as follows:
25 a. Unmet needs in counties with populations of 100,000
26 or less.
27 b. Unmet needs in coastal counties with a high level
28 of boating related activities from individuals residing in
29 other counties.
30
31
70
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 2. The remaining $1.25 million may be used for
2 recreational boating activities and freshwater fisheries
3 management and research.
4 3. The commission is authorized to adopt rules
5 pursuant to ss. 120.536(1) and 120.54 to implement a Florida
6 Boating Improvement Program similar to the program
7 administered by the Department of Environmental Protection and
8 established in rules 62D-5.031 - 62D-5.036, Florida
9 Administrative Code, to determine projects eligible for
10 funding under this subsection.
11
12 On February 1 of each year, The commission shall prepare and
13 make available on its Internet website file an annual report
14 with the President of the Senate and the Speaker of the House
15 of Representatives outlining the status of its Florida Boating
16 Improvement Program, including the projects funded, and a list
17 of counties whose needs are unmet due to insufficient
18 financial resources from vessel registration fees.
19 Section 38. Paragraph (b) of subsection (4) of section
20 212.054, Florida Statutes, is amended to read:
21 212.054 Discretionary sales surtax; limitations,
22 administration, and collection.--
23 (4)
24 (b) The proceeds of a discretionary sales surtax
25 collected by the selling dealer located in a county which
26 imposes the surtax shall be returned, less the cost of
27 administration, to the county where the selling dealer is
28 located. The proceeds shall be transferred to the
29 Discretionary Sales Surtax Clearing Trust Fund. A separate
30 account shall be established in such trust fund for each
31 county imposing a discretionary surtax. The amount deducted
71
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 for the costs of administration shall not exceed 3 percent of
2 the total revenue generated for all counties levying a surtax
3 authorized in s. 212.055. The amount deducted for the costs
4 of administration shall be used only for those costs which are
5 solely and directly attributable to the surtax. The total
6 cost of administration shall be prorated among those counties
7 levying the surtax on the basis of the amount collected for a
8 particular county to the total amount collected for all
9 counties. No later than March 1 of each year, the department
10 shall submit a written report which details the expenses and
11 amounts deducted for the costs of administration to the
12 President of the Senate, the Speaker of the House of
13 Representatives, and the governing authority of each county
14 levying a surtax. The department shall distribute the moneys
15 in the trust fund each month to the appropriate counties,
16 unless otherwise provided in s. 212.055.
17 Section 39. Paragraph (j) of subsection (5) of section
18 212.08, Florida Statutes, is amended to read:
19 212.08 Sales, rental, use, consumption, distribution,
20 and storage tax; specified exemptions.--The sale at retail,
21 the rental, the use, the consumption, the distribution, and
22 the storage to be used or consumed in this state of the
23 following are hereby specifically exempt from the tax imposed
24 by this chapter.
25 (5) EXEMPTIONS; ACCOUNT OF USE.--
26 (j) Machinery and equipment used in semiconductor,
27 defense, or space technology production and research and
28 development.--
29 1.a. Industrial machinery and equipment used in
30 semiconductor technology facilities certified under
31 subparagraph 6. to manufacture, process, compound, or produce
72
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 semiconductor technology products for sale or for use by these
2 facilities are exempt from the tax imposed by this chapter.
3 For purposes of this paragraph, industrial machinery and
4 equipment includes molds, dies, machine tooling, other
5 appurtenances or accessories to machinery and equipment,
6 testing equipment, test beds, computers, and software, whether
7 purchased or self-fabricated, and, if self-fabricated,
8 includes materials and labor for design, fabrication, and
9 assembly.
10 b. Industrial machinery and equipment used in defense
11 or space technology facilities certified under subparagraph 6.
12 to manufacture, process, compound, or produce defense
13 technology products or space technology products for sale or
14 for use by these facilities are exempt from 25 percent of the
15 tax imposed by this chapter.
16 2.a. Machinery and equipment are exempt from the tax
17 imposed by this chapter if used predominately in semiconductor
18 wafer research and development activities in a semiconductor
19 technology research and development facility certified under
20 subparagraph 6. For purposes of this paragraph, machinery and
21 equipment includes molds, dies, machine tooling, other
22 appurtenances or accessories to machinery and equipment,
23 testing equipment, test beds, computers, and software, whether
24 purchased or self-fabricated, and, if self-fabricated,
25 includes materials and labor for design, fabrication, and
26 assembly.
27 b. Machinery and equipment are exempt from 25 percent
28 of the tax imposed by this chapter if used predominately in
29 defense or space research and development activities in a
30 defense or space technology research and development facility
31 certified under subparagraph 6.
73
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 3. Building materials purchased for use in
2 manufacturing or expanding clean rooms in
3 semiconductor-manufacturing facilities are exempt from the tax
4 imposed by this chapter.
5 4. In addition to meeting the criteria mandated by
6 subparagraph 1., subparagraph 2., or subparagraph 3., a
7 business must be certified by the Office of Tourism, Trade,
8 and Economic Development as authorized in this paragraph in
9 order to qualify for exemption under this paragraph.
10 5. For items purchased tax exempt pursuant to this
11 paragraph, possession of a written certification from the
12 purchaser, certifying the purchaser's entitlement to exemption
13 pursuant to this paragraph, relieves the seller of the
14 responsibility of collecting the tax on the sale of such
15 items, and the department shall look solely to the purchaser
16 for recovery of tax if it determines that the purchaser was
17 not entitled to the exemption.
18 6.a. To be eligible to receive the exemption provided
19 by subparagraph 1., subparagraph 2., or subparagraph 3., a
20 qualifying business entity shall apply to Enterprise Florida,
21 Inc. The application shall be developed by the Office of
22 Tourism, Trade, and Economic Development in consultation with
23 Enterprise Florida, Inc.
24 b. Enterprise Florida, Inc., shall review each
25 submitted application and information and determine whether or
26 not the application is complete within 5 working days. Once an
27 application is complete, Enterprise Florida, Inc., shall,
28 within 10 working days, evaluate the application and recommend
29 approval or disapproval of the application to the Office of
30 Tourism, Trade, and Economic Development.
31
74
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 c. Upon receipt of the application and recommendation
2 from Enterprise Florida, Inc., the Office of Tourism, Trade,
3 and Economic Development shall certify within 5 working days
4 those applicants who are found to meet the requirements of
5 this section and notify the applicant, Enterprise Florida,
6 Inc., and the department of the certification. If the Office
7 of Tourism, Trade, and Economic Development finds that the
8 applicant does not meet the requirements of this section, it
9 shall notify the applicant and Enterprise Florida, Inc.,
10 within 10 working days that the application for certification
11 has been denied and the reasons for denial. The Office of
12 Tourism, Trade, and Economic Development has final approval
13 authority for certification under this section.
14 7.a. A business may apply once each year for the
15 exemption.
16 a.b. The application must indicate, for program
17 evaluation purposes only, the average number of full-time
18 equivalent employees at the facility over the preceding
19 calendar year, the average wage and benefits paid to those
20 employees over the preceding calendar year, the total
21 investment made in real and tangible personal property over
22 the preceding calendar year, and the total value of tax-exempt
23 purchases and taxes exempted during the previous year. The
24 department shall assist the Office of Tourism, Trade, and
25 Economic Development in evaluating and verifying information
26 provided in the application for exemption.
27 b.c. The Office of Tourism, Trade, and Economic
28 Development may use the information reported on the
29 application for evaluation purposes only and shall prepare an
30 annual report on the exemption program and its cost and
31 impact. The annual report for the preceding fiscal year shall
75
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 be submitted to the Governor, the President of the Senate, and
2 the Speaker of the House of Representatives by September 30 of
3 each fiscal year.
4 8. A business certified to receive this exemption may
5 elect to designate one or more state universities or community
6 colleges as recipients of up to 100 percent of the amount of
7 the exemption for which they may qualify. To receive these
8 funds, the institution must agree to match the funds so earned
9 with equivalent cash, programs, services, or other in-kind
10 support on a one-to-one basis in the pursuit of research and
11 development projects as requested by the certified business.
12 The rights to any patents, royalties, or real or intellectual
13 property must be vested in the business unless otherwise
14 agreed to by the business and the university or community
15 college.
16 9. As used in this paragraph, the term:
17 a. "Predominately" means at least 50 percent of the
18 time in qualifying research and development.
19 b. "Research and development" means basic and applied
20 research in the science or engineering, as well as the design,
21 development, and testing of prototypes or processes of new or
22 improved products. Research and development does not include
23 market research, routine consumer product testing, sales
24 research, research in the social sciences or psychology,
25 nontechnological activities, or technical services.
26 c. "Semiconductor technology products" means raw
27 semiconductor wafers or semiconductor thin films that are
28 transformed into semiconductor memory or logic wafers,
29 including wafers containing mixed memory and logic circuits;
30 related assembly and test operations; active-matrix flat panel
31 displays; semiconductor chips; semiconductor lasers;
76
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 optoelectronic elements; and related semiconductor technology
2 products as determined by the Office of Tourism, Trade, and
3 Economic Development.
4 d. "Clean rooms" means manufacturing facilities
5 enclosed in a manner that meets the clean manufacturing
6 requirements necessary for high-technology
7 semiconductor-manufacturing environments.
8 e. "Defense technology products" means products that
9 have a military application, including, but not limited to,
10 weapons, weapons systems, guidance systems, surveillance
11 systems, communications or information systems, munitions,
12 aircraft, vessels, or boats, or components thereof, which are
13 intended for military use and manufactured in performance of a
14 contract with the United States Department of Defense or the
15 military branch of a recognized foreign government or a
16 subcontract thereunder which relates to matters of national
17 defense.
18 f. "Space technology products" means products that are
19 specifically designed or manufactured for application in space
20 activities, including, but not limited to, space launch
21 vehicles, missiles, satellites or research payloads, avionics,
22 and associated control systems and processing systems. The
23 term does not include products that are designed or
24 manufactured for general commercial aviation or other uses
25 even though those products may also serve an incidental use in
26 space applications.
27 Section 40. Section 213.0452, Florida Statutes, is
28 repealed.
29 Section 41. Section 213.054, Florida Statutes, is
30 repealed.
31
77
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 42. Paragraph (f) of subsection (5) of section
2 215.5601, Florida Statutes, is repealed.
3 Section 43. Subsection (3) of section 215.70, Florida
4 Statutes, is amended to read:
5 215.70 State Board of Administration to act in case of
6 defaults.--
7 (3) It shall be the duty of the State Board of
8 Administration to monitor the debt service accounts for bonds
9 issued pursuant to this act. The board shall advise the
10 Governor and Legislature of any projected need to appropriate
11 funds to honor the pledge of full faith and credit of the
12 state. The report shall include the estimated amount of
13 appropriations needed, the estimated maximum amount of
14 appropriations needed, and a contingency appropriation request
15 for each bond issue.
16 Section 44. Paragraph (z) of subsection (1) of section
17 216.011, Florida Statutes, is amended to read:
18 216.011 Definitions.--
19 (1) For the purpose of fiscal affairs of the state,
20 appropriations acts, legislative budgets, and approved
21 budgets, each of the following terms has the meaning
22 indicated:
23 (z) "Long-range program plan" means a plan developed
24 pursuant to s. 216.013 on an annual basis by each state agency
25 that is policy based, priority driven, accountable, and
26 developed through careful examination and justification of all
27 programs and their associated costs. Each plan is developed by
28 examining the needs of agency customers and clients and
29 proposing programs and associated costs to address those needs
30 based on state priorities as established by law, the agency
31 mission, and legislative authorization. The plan provides the
78
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 framework and context for preparing the legislative budget
2 request and includes performance indicators for evaluating the
3 impact of programs and agency performance.
4 Section 45. Section 216.013, Florida Statutes, is
5 amended to read:
6 216.013 Long-range program plan.--
7 (1) State agencies and the judicial branch shall
8 develop long-range program plans to achieve state goals using
9 an interagency planning process that includes the development
10 of integrated agency program service outcomes. The plans shall
11 be policy-based, priority-driven, accountable, and developed
12 through careful examination and justification of all agency
13 and judicial branch programs. The plan shall cover a period of
14 5 fiscal years and shall become effective July 1 each year.
15 (1) Long-range program plans shall provide the
16 framework for the development of agency budget requests and
17 shall identify or update:
18 (a) The agency's or court's mission;
19 (b) The goals established to accomplish the mission;
20 (c) The objectives developed to achieve the goals;
21 (d) The trends and conditions relevant to the mission,
22 goals, and objectives;
23 (e)(a) The agency or court Identify agency programs
24 and address how agency programs that will be used to implement
25 state policy and achieve state goals and program component
26 objectives;
27 (f) The program outcomes and standards to measure
28 progress toward program objectives; and
29 (b) Identify and describe agency functions and how
30 they will be used to achieve designated outcomes;
31
79
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (c) Identify demand, output, total costs, and unit
2 costs for each function;
3 (g)(d) Provide Information regarding performance
4 measurement, which includes, but is not limited to, how data
5 is collected, the methodology used to measure a performance
6 indicator, the validity and reliability of a measure, the
7 appropriateness of a measure, and whether the agency inspector
8 general has assessed the reliability and validity of agency
9 performance measures, pursuant to s. 20.055(2).;
10 (e) Identify and justify facility and fixed capital
11 outlay projects and their associated costs; and
12 (f) Identify and justify information technology
13 infrastructure and applications and their associated costs for
14 information technology projects or initiatives.
15 (2) Each long-range program plan shall cover a period
16 of 5 fiscal years, be revised annually, and remain in effect
17 until replaced or revised. All agency functions and their
18 costs shall be carefully evaluated and justified by the
19 agency. The justification must clearly demonstrate the needs
20 of agency customers and clients and why the agency is
21 proposing functions and their associated costs to address the
22 needs based on state priorities, the agency mission, and
23 legislative authorization. Further, the justification must
24 show how agency functions are integrated and contribute to the
25 overall achievement of state goals. Facilities, fixed capital
26 outlay and information technology infrastructure, and
27 applications shall be evaluated pursuant to ss. 216.0158,
28 216.043, and 216.0446, respectively.
29 (3) Long-range program plans or revisions shall be
30 presented by state agencies and the judicial branch in a form,
31 manner, and timeframe prescribed in written instructions
80
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 prepared by submitted to the Executive Office of the Governor
2 in consultation with by August 1 of each year in a form and
3 manner prescribed by the Executive Office of the Governor and
4 the chairs of the legislative appropriations committees. Such
5 long-range program plans for the Judicial Branch shall be
6 submitted by the Chief Justice of the Supreme Court to the
7 President of the Senate and the Speaker of the House of
8 Representatives, and a copy shall be provided to the Executive
9 Office of the Governor.
10 (4) The Executive Office of the Governor shall review
11 the long-range program plans for executive agencies to ensure
12 that they are consistent with the state's goals and objectives
13 and other requirements as specified in the written
14 instructions and that they provide the framework and context
15 for the agency's budget request.
16 (5) Executive agencies shall incorporate all revisions
17 required by the Governor within 14 working days.
18 (6) Any differences between executive agencies
19 regarding the programs, policies, or long-range program plans
20 of such agencies shall be mediated by the Executive Office of
21 the Governor.
22 (4)(7) Each state executive agency and the judicial
23 branch shall post their transmit copies of its long-range
24 program plan on their Internet website and all written
25 comments on its plan to the President of the Senate and the
26 Speaker of the House of Representatives not later than
27 September 30th of each year and provide written notice to the
28 Governor and the Legislature that the plans have been posted
29 60 days prior to the next regular session of the Legislature.
30
31
81
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (8) Long-range program plans developed pursuant to
2 this chapter are not rules and therefore are not subject to
3 the provisions of chapter 120.
4 (8)(9) Following the adoption of the annual General
5 Appropriations Act, the state agencies and the judicial branch
6 shall make appropriate adjustments to their long-range program
7 plans to be consistent with the appropriations and performance
8 measures in the General Appropriations Act and legislation
9 implementing the General Appropriations Act. Agencies and the
10 judicial branch have until June 15 to make adjustments to
11 their plans as posted on their Internet websites and submit
12 the adjusted plans to the Executive Office of the Governor for
13 review.
14 (6) Long-range program plans developed pursuant to
15 this chapter are not rules and therefore are not subject to
16 chapter 120.
17 Section 46. Section 216.103, Florida Statutes, is
18 repealed.
19 Section 47. Section 216.172, Florida Statutes, is
20 repealed.
21 Section 48. Paragraph (c) of subsection (10) of
22 section 216.181, Florida Statutes, is repealed.
23 Section 49. Section 216.1825, Florida Statutes, is
24 repealed.
25 Section 50. Subsection (5) of section 252.55, Florida
26 Statutes, is amended to read:
27 252.55 Civil Air Patrol, Florida Wing.--
28 (5) The wing commander of the Florida Wing of the
29 Civil Air Patrol shall biennially furnish the Bureau of
30 Emergency Management a 2-year an annual projection of the
31 goals and objectives of the Civil Air Patrol for the following
82
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 year. These will be reported to the Governor in the division's
2 biennial annual report submitted pursuant to s. 252.35 of the
3 division on February 1 of each year.
4 Section 51. Subsection (1) of section 253.7825,
5 Florida Statutes, is amended to read:
6 253.7825 Recreational uses.--
7 (1) The Cross Florida Greenways State Recreation and
8 Conservation Area must be managed as a multiple-use area
9 pursuant to s. 253.034(2)(a), and as further provided herein.
10 The University of Florida Management Plan provides a
11 conceptual recreational plan that may ultimately be developed
12 at various locations throughout the greenways corridor. The
13 plan proposes to locate a number of the larger, more
14 comprehensive and complex recreational facilities in
15 sensitive, natural resource areas. Future site-specific
16 studies and investigations must be conducted by the department
17 to determine compatibility with, and potential for adverse
18 impact to, existing natural resources, need for the facility,
19 the availability of other alternative locations with reduced
20 adverse impacts to existing natural resources, and the proper
21 specific sites and locations for the more comprehensive and
22 complex facilities. Furthermore, it is appropriate, with the
23 approval of the department, to allow more fishing docks, boat
24 launches, and other user-oriented facilities to be developed
25 and maintained by local governments.
26 Section 52. Section 253.7826, Florida Statutes, is
27 repealed.
28 Section 53. Section 253.7829, Florida Statutes, is
29 repealed.
30 Section 54. Subsection (4) of section 259.037, Florida
31 Statutes, is amended to read:
83
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 259.037 Land Management Uniform Accounting Council.--
2 (4) The council shall provide a report of the
3 agencies' expenditures pursuant to the adopted categories to
4 the President of the Senate and the Speaker of the House of
5 Representatives annually, beginning July 1, 2001. The council
6 shall also provide this report to the Acquisition and
7 Restoration Council for inclusion in its annual report
8 required pursuant to s. 259.105.
9 Section 55. Section 265.56, Florida Statutes, is
10 repealed.
11 Section 56. Subsection (4) of section 267.074, Florida
12 Statutes, is repealed.
13 Section 57. Section 272.121, Florida Statutes, is
14 repealed.
15 Section 58. Subsection (28) of section 282.102,
16 Florida Statutes, is repealed.
17 Section 59. Subsection (3) of section 284.50, Florida
18 Statutes, is repealed.
19 Section 60. Subsection (11) of section 287.045,
20 Florida Statutes, is repealed.
21 Section 61. Subsection (15) of section 287.059,
22 Florida Statutes, is amended to read:
23 287.059 Private attorney services.--
24 (15) The Attorney General's office may, by rule, adopt
25 standard fee schedules for court reporting services for each
26 judicial circuit in consultation with the Florida Court
27 Reporters Association. Agencies, when contracting for court
28 reporting services, must use the standard fee schedule for
29 court reporting services established pursuant to this section,
30 provided no state contract is applicable or unless the head of
31 the agency or his or her designee waives use of the schedule
84
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 and sets forth the reasons for deviating from the schedule in
2 writing to the Attorney General. Such waiver must demonstrate
3 necessity based upon criteria for deviation from the schedule
4 which the Attorney General shall establish by rule. Any
5 proposed fee schedule under this section shall be submitted to
6 the Governor, the Speaker of the House of Representatives, the
7 President of the Senate, and the Chief Justice of the Florida
8 Supreme Court at least 60 days prior to publication of the
9 notice to adopt the rule.
10 Section 62. Subsection (10) of section 287.16, Florida
11 Statutes, is repealed.
12 Section 63. Paragraph (d) of subsection (6) of section
13 288.1045, Florida Statutes, is repealed.
14 Section 64. Subsection (7) of section 288.108, Florida
15 Statutes, is repealed.
16 Section 65. Section 288.1185, Florida Statutes, is
17 repealed.
18 Section 66. Subsection (6) of section 288.1226,
19 Florida Statutes, is amended to read:
20 288.1226 Florida Tourism Industry Marketing
21 Corporation; use of property; board of directors; duties;
22 audit.--
23 (6) ANNUAL AUDIT.--The corporation shall provide for
24 an annual financial audit in accordance with s. 215.981. The
25 annual audit report shall be submitted to the Auditor General;
26 the Office of Policy Analysis and Government Accountability;
27 and the Office of Tourism, Trade, and Economic Development for
28 review. The Office of Program Policy Analysis and Government
29 Accountability; the Office of Tourism, Trade, and Economic
30 Development; and the Auditor General have the authority to
31 require and receive from the corporation or from its
85
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 independent auditor any detail or supplemental data relative
2 to the operation of the corporation. The Office of Tourism,
3 Trade, and Economic Development shall annually certify whether
4 the corporation is operating in a manner and achieving the
5 objectives that are consistent with the policies and goals of
6 the commission and its long-range marketing plan. The identity
7 of a donor or prospective donor to the corporation who desires
8 to remain anonymous and all information identifying such donor
9 or prospective donor are confidential and exempt from the
10 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
11 Constitution. Such anonymity shall be maintained in the
12 auditor's report.
13 Section 67. Paragraph (e) of subsection (8) of section
14 288.1229, Florida Statutes, is amended to read:
15 288.1229 Promotion and development of sports-related
16 industries and amateur athletics; direct-support organization;
17 powers and duties.--
18 (8) To promote amateur sports and physical fitness,
19 the direct-support organization shall:
20 (e) Promote Florida as a host for national and
21 international amateur athletic competitions. As part of this
22 effort, the direct-support organization shall:
23 1. Assist and support Florida cities or communities
24 bidding or seeking to host the Summer Olympics or Pan American
25 Games.
26 2. Annually report to the Governor, the President of
27 the Senate, and the Speaker of the House of Representatives on
28 the status of the efforts of cities or communities bidding to
29 host the Summer Olympics or Pan American Games, including, but
30 not limited to, current financial and infrastructure status,
31 projected financial and infrastructure needs, and
86
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 recommendations for satisfying the unmet needs and fulfilling
2 the requirements for a successful bid in any year that the
3 Summer Olympics or Pan American Games are held in this state.
4 Section 68. Subsection (4) of section 288.7015,
5 Florida Statutes, is repealed.
6 Section 69. Section 288.7771, Florida Statutes, is
7 amended to read:
8 288.7771 Annual report of Florida Export Finance
9 Corporation.--By March 31 of each year, The corporation shall
10 annually prepare and submit to Enterprise Florida, Inc., for
11 inclusion in their annual report required by s. 288.095 the
12 Governor, the President of the Senate, the Speaker of the
13 House of Representatives, the Senate Minority Leader, and the
14 House Minority Leader a complete and detailed report setting
15 forth:
16 (1) The report required in s. 288.776(3).
17 (2) Its assets and liabilities at the end of its most
18 recent fiscal year.
19 Section 70. Subsections (8), (10), and (11) of section
20 288.8175, Florida Statutes, are repealed.
21 Section 71. Subsection (5) of section 288.853, Florida
22 Statutes, is repealed.
23 Section 72. Subsection (5) of section 288.95155,
24 Florida Statutes, is amended to read:
25 288.95155 Florida Small Business Technology Growth
26 Program.--
27 (5) By January 1 of each year, Enterprise Florida,
28 Inc., shall prepare and include in their annual report
29 required by s. 288.095 a report on the financial status of the
30 program and the account and shall submit a copy of the report
31 to the board of directors of Enterprise Florida, Inc., the
87
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 appropriate legislative committees responsible for economic
2 development oversight, and the appropriate legislative
3 appropriations subcommittees. The report shall specify the
4 assets and liabilities of the account within the current
5 fiscal year and shall include a portfolio update that lists
6 all of the businesses assisted, the private dollars leveraged
7 by each business assisted, and the growth in sales and in
8 employment of each business assisted.
9 Section 73. Paragraph (c) of subsection (4) of section
10 288.9604, Florida Statutes, is amended to read:
11 288.9604 Creation of the authority.--
12 (4)
13 (c) The directors of the corporation shall annually
14 elect one of their members as chair and one as vice chair.
15 The corporation may employ a president, technical experts, and
16 such other agents and employees, permanent and temporary, as
17 it requires and determine their qualifications, duties, and
18 compensation. For such legal services as it requires, the
19 corporation may employ or retain its own counsel and legal
20 staff. The corporation shall file with the governing body of
21 each public agency with which it has entered into an
22 interlocal agreement and with the Governor, the Speaker of the
23 House of Representatives, the President of the Senate, the
24 Minority Leaders of the Senate and House of Representatives,
25 and the Auditor General, on or before 90 days after the close
26 of the fiscal year of the corporation, a report of its
27 activities for the preceding fiscal year, which report shall
28 include a complete financial statement setting forth its
29 assets, liabilities, income, and operating expenses as of the
30 end of such fiscal year.
31
88
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 74. Section 288.9610, Florida Statutes, is
2 amended to read:
3 288.9610 Annual reports of Florida Development Finance
4 Corporation.--On or before 90 days after the close of By
5 December 1 of each year, the Florida Development Finance
6 Corporation's fiscal year, the corporation shall submit to the
7 Governor, the Legislature President of the Senate, the Speaker
8 of the House of Representatives, the Senate Minority Leader,
9 the House Minority Leader, the Auditor General, and the
10 governing body of each public entity with which it has entered
11 into an interlocal agreement city or county activating the
12 Florida Development Finance Corporation a complete and
13 detailed report setting forth:
14 (1) The results of any audit conducted pursuant to s.
15 11.45 evaluation required in s. 11.45(3)(j).
16 (2) The activities, operations, and accomplishments of
17 the Florida Development Finance Corporation, including the
18 number of businesses assisted by the corporation.
19 (3) Its assets, and liabilities, income, and operating
20 expenses at the end of its most recent fiscal year, including
21 a description of all of its outstanding revenue bonds.
22 Section 75. Subsection (3) of section 292.04, Florida
23 Statutes, is amended to read:
24 292.04 Florida Commission on Veterans' Affairs.--
25 (3)(a) It is the duty of the commission to conduct a
26 biennial survey of possible contributions that veterans or
27 state organizations of veterans and their auxiliaries could
28 make to the state and to report the results of the survey to
29 the department together with recommendations for encouraging
30 such contributions.
31
89
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (b) The commission shall work with the various
2 veterans' organizations and their auxiliaries within the state
3 and shall function as a liaison between such organizations and
4 the department on matters pertaining to veterans.
5 Section 76. Subsection (6) of section 292.05, Florida
6 Statutes, is amended to read:
7 292.05 Duties of Department of Veterans' Affairs.--
8 (6) The department shall, by on December 31 of each
9 year, submit make an annual written report to the Governor,
10 the Cabinet, and the Legislature which shall describe:
11 (a) of the state, the Speaker of the House of
12 Representatives, and the President of the Senate, which report
13 shall show The expenses incurred in veteran service work in
14 the state; the number, nature, and kind of cases handled by
15 the department and by county and city veteran service officers
16 of the state; the amounts of benefits obtained for veterans;
17 the names and addresses of all certified veteran service
18 officers, including county and city veteran service officers.
19 The report shall also describe the actions taken by the
20 department in implementing subsections (4), (5), and (7) and
21 shall contain such other information and recommendations as
22 may appear to the department to be right and proper.
23 (b) The current status of the department's domiciliary
24 and nursing homes established pursuant to chapter 296,
25 including all receipts and expenditures, the condition of the
26 homes, the number of residents received and discharged during
27 the preceding year, occupancy rates, staffing, and any other
28 information necessary to provide an understanding of the
29 management, conduct, and operation of the homes.
30 Section 77. Section 296.16, Florida Statutes, is
31 repealed.
90
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 78. Section 296.39, Florida Statutes, is
2 repealed.
3 Section 79. Paragraph (c) of subsection (12) of
4 section 315.03, Florida Statutes, is repealed.
5 Section 80. Subsection (2) of section 319.324, Florida
6 Statutes, is amended to read:
7 319.324 Odometer fraud prevention and detection;
8 funding.--
9 (2) Moneys deposited into the Highway Safety Operating
10 Trust Fund under this section shall be used to implement and
11 maintain efforts by the department to prevent and detect
12 odometer fraud, including the prompt investigation of alleged
13 instances of odometer mileage discrepancies reported by
14 licensed motor vehicle dealers, auctions, or purchasers of
15 motor vehicles. Such moneys shall also be used to fund an
16 annual report to the Legislature by the Department of Highway
17 Safety and Motor Vehicles, summarizing the department's
18 investigations and findings. In addition, moneys deposited
19 into the fund may be used by the department for general
20 operations.
21 Section 81. Section 322.181, Florida Statutes, is
22 amended to read:
23 322.181 Advisory council on the Study of effects of
24 aging on driving ability; advisory council.--
25 (1) The Department of Highway Safety and Motor
26 Vehicles shall study the effects of aging on driving ability.
27 The purpose of the study is to develop a comprehensive
28 approach to licensing drivers.
29 (2) Issues to be studied by the department shall
30 include the:
31
91
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (a) Effective and efficient identification of drivers
2 at risk of being involved in a motor vehicle accident because
3 of functional limitations that affect their driving ability;
4 (b) Prevalence and effect of degenerative processes
5 affecting vision, hearing, mobility, cognitive functions, and
6 reaction time;
7 (c) Implementation and effect of the department's
8 vision screening requirements and examination of new
9 technologies;
10 (d) Availability and effectiveness of remedial
11 measures such as skills training, adaptive equipment, physical
12 therapy, and adjustment of driving practices that will allow
13 people to drive safely for as long as possible;
14 (e) Availability of alternative forms of
15 transportation for people who can no longer safely drive; and
16 (f) Effectiveness of existing public education
17 initiatives relating to at-risk drivers.
18 (3) The department shall report the results of the
19 study to the President of the Senate and the Speaker of the
20 House of Representatives by February 1, 2004. The report shall
21 include findings of the study and recommendations for
22 improving the safety of at-risk drivers.
23 (4) The department shall appoint an advisory council
24 to participate in the study and to advise the department on
25 issues related to older at-risk drivers on an ongoing basis.
26 The council shall be known as the Florida At-Risk Driver
27 Council. Members of the council shall include representatives
28 of organizations involved with issues facing older drivers
29 including state agencies, medical professionals, senior
30 citizen advocacy groups, providers of services to senior
31 citizens, and research entities.
92
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 82. Paragraph (c) of subsection (7) of section
2 322.251, Florida Statutes, is repealed.
3 Section 83. Subsection (4) of section 365.171, Florida
4 Statutes, is amended to read:
5 365.171 Emergency telephone number "911."--
6 (4) STATE PLAN.--The office shall develop a statewide
7 emergency telephone number "911" system plan. The plan shall
8 provide for:
9 (a) The establishment of the public agency emergency
10 telephone communications requirements for each entity of local
11 government in the state.
12 (b) A system to meet specific local government
13 requirements. Such system shall include law enforcement,
14 firefighting, and emergency medical services and may include
15 other emergency services such as poison control, suicide
16 prevention, and emergency management services.
17 (c) Identification of the mutual aid agreements
18 necessary to obtain an effective "911" system.
19 (d) A funding provision which shall identify the cost
20 necessary to implement the "911" system.
21 (e) A firm implementation schedule which shall include
22 the installation of the "911" system in a local community
23 within 24 months after the designated agency of the local
24 government gives a firm order to the telephone utility for a
25 "911" system.
26
27 The office shall be responsible for the implementation and
28 coordination of the such plan and. The office shall adopt any
29 necessary rules and schedules related to public agencies for
30 the purposes of implementing and coordinating such plan,
31 pursuant to chapter 120. The public agency designated in the
93
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 plan shall order such system within 6 months after publication
2 date of the plan if the public agency is in receipt of funds
3 appropriated by the Legislature for the implementation and
4 maintenance of the "911" system. Any jurisdiction which has
5 utilized local funding as of July 1, 1976, to begin the
6 implementation of the state plan as set forth in this section
7 shall be eligible for at least a partial reimbursement of its
8 direct cost when, and if, state funds are available for such
9 reimbursement.
10 Section 84. Paragraph (d) of subsection (6) of section
11 365.172, Florida Statutes, is repealed.
12 Section 85. Subsection (4) of section 366.82, Florida
13 Statutes, is repealed.
14 Section 86. Subsection (7) of section 369.22, Florida
15 Statutes, is amended to read:
16 369.22 Nonindigenous aquatic plant control.--
17 (7) The department shall prepare submit an annual
18 report on the status of the nonindigenous aquatic plant
19 maintenance program which shall be published on the
20 department's Internet website to the President of the Senate,
21 the Speaker of the House of Representatives, and the Governor
22 and Cabinet by January 1 of the following year. This report
23 shall include a statement of the degree of maintenance control
24 achieved by individual nonindigenous aquatic plant species in
25 the intercounty waters of each of the water management
26 districts for the preceding county fiscal year, together with
27 an analysis of the costs of achieving this degree of control.
28 This cost accounting shall include the expenditures by all
29 governmental agencies in the waters of state responsibility.
30 If the level of maintenance control achieved falls short of
31 that which is deemed adequate by the department, then the
94
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 report shall include an estimate of the additional funding
2 that would have been required to achieve this level of
3 maintenance control. All measures of maintenance program
4 achievement and the related cost shall be presented by water
5 management districts so that comparisons may be made among the
6 water management districts, as well as with the state as a
7 whole.
8 Section 87. Subsection (8) of section 370.26, Florida
9 Statutes, is repealed.
10 Section 88. Subsection (2) of section 372.5712,
11 Florida Statutes, is amended to read:
12 372.5712 Florida waterfowl permit revenues.--
13 (2) The intent of this section is to expand waterfowl
14 research and management and increase waterfowl populations in
15 the state without detracting from other programs. The
16 commission shall prepare and make available on its Internet
17 website an annual report documenting the use of funds
18 generated under the provisions of this section, to be
19 submitted to the Governor, the Speaker of the House of
20 Representatives, and the President of the Senate on or before
21 September 1 of each year.
22 Section 89. Subsection (2) of section 372.5715,
23 Florida Statutes, is amended to read:
24 372.5715 Florida wild turkey permit revenues.--
25 (2) The intent of this section is to expand wild
26 turkey research and management and to increase wild turkey
27 populations in the state without detracting from other
28 programs. The commission shall prepare and make available on
29 its Internet website an annual report documenting the use of
30 funds generated under the provisions of this section, to be
31 submitted to the Governor, the Speaker of the House of
95
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Representatives, and the President of the Senate on or before
2 September 1 of each year.
3 Section 90. Section 372.63, Florida Statutes, is
4 repealed.
5 Section 91. Section 372.674, Florida Statutes, is
6 repealed.
7 Section 92. Section 373.0391, Florida Statutes, is
8 amended to read:
9 373.0391 Technical assistance to local governments.--
10 (1) The water management districts shall assist local
11 governments in the development and future revision of local
12 government comprehensive plan elements or public facilities
13 report as required by s. 189.415, related to water resource
14 issues.
15 (2) By July 1, 1991, each water management district
16 shall prepare and provide information and data to assist local
17 governments in the preparation and implementation of their
18 local government comprehensive plans or public facilities
19 report as required by s. 189.415, whichever is applicable.
20 Such information and data shall include, but not be limited
21 to:
22 (a) All information and data required in a public
23 facilities report pursuant to s. 189.415.
24 (b) A description of regulations, programs, and
25 schedules implemented by the district.
26 (c) Identification of regulations, programs, and
27 schedules undertaken or proposed by the district to further
28 the State Comprehensive Plan.
29 (d) A description of surface water basins, including
30 regulatory jurisdictions, flood-prone areas, existing and
31 projected water quality in water management district operated
96
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 facilities, as well as surface water runoff characteristics
2 and topography regarding flood plains, wetlands, and recharge
3 areas.
4 (e) A description of groundwater characteristics,
5 including existing and planned wellfield sites, existing and
6 anticipated cones of influence, highly productive groundwater
7 areas, aquifer recharge areas, deep well injection zones,
8 contaminated areas, an assessment of regional water resource
9 needs and sources for the next 20 years, and water quality.
10 (f) The identification of existing and potential water
11 management district land acquisitions.
12 (g) Information reflecting the minimum flows for
13 surface watercourses to avoid harm to water resources or the
14 ecosystem and information reflecting the minimum water levels
15 for aquifers to avoid harm to water resources or the
16 ecosystem.
17 Section 93. Subsection (4) of section 373.046, Florida
18 Statutes, is amended to read:
19 373.046 Interagency agreements.--
20 (4) The Legislature recognizes and affirms the
21 division of responsibilities between the department and the
22 water management districts as set forth in ss. III. and X. of
23 each of the operating agreements codified as rules
24 17-101.040(12)(a)3., 4., and 5., Florida Administrative Code.
25 Section IV.A.2.a. of each operating agreement regarding
26 individual permit oversight is rescinded. The department
27 shall be responsible for permitting those activities under
28 part IV of this chapter which, because of their complexity and
29 magnitude, need to be economically and efficiently evaluated
30 at the state level, including, but not limited to, mining,
31 hazardous waste management facilities and solid waste
97
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 management facilities that do not qualify for a general permit
2 under chapter 403. With regard to postcertification
3 information submittals for activities authorized under
4 chapters 341 and 403 siting act certifications, the
5 department, after consultation with the appropriate water
6 management district and other agencies having applicable
7 regulatory jurisdiction, shall be responsible for determining
8 the permittee's compliance with conditions of certification
9 which were based upon the nonprocedural requirements of part
10 IV of this chapter. The Legislature authorizes the water
11 management districts and the department to modify the division
12 of responsibilities referenced in this section and enter into
13 further interagency agreements by rulemaking, including
14 incorporation by reference, pursuant to chapter 120, to
15 provide for greater efficiency and to avoid duplication in the
16 administration of part IV of this chapter by designating
17 certain activities which will be regulated by either the water
18 management districts or the department. In developing such
19 interagency agreements, the water management districts and the
20 department should take into consideration the technical and
21 fiscal ability of each water management district to implement
22 all or some of the provisions of part IV of this chapter.
23 Nothing herein rescinds or restricts the authority of the
24 districts to regulate silviculture and agriculture pursuant to
25 part IV of this chapter or s. 403.927. By December 10, 1993,
26 the secretary of the department shall submit a report to the
27 President of the Senate and the Speaker of the House of
28 Representatives regarding the efficiency of the procedures and
29 the division of responsibilities contemplated by this
30 subsection and regarding progress toward the execution of
31 further interagency agreements and the integration of
98
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 permitting with sovereignty lands approval. The report also
2 will consider the feasibility of improving the protection of
3 the environment through comprehensive criteria for protection
4 of natural systems.
5 Section 94. Paragraph (f) of subsection (1) of section
6 373.1963, Florida Statutes, is amended to read:
7 373.1963 Assistance to West Coast Regional Water
8 Supply Authority.--
9 (1) It is the intent of the Legislature to authorize
10 the implementation of changes in governance recommended by the
11 West Coast Regional Water Supply Authority in its reports to
12 the Legislature dated February 1, 1997, and January 5, 1998.
13 The authority and its member governments may reconstitute the
14 authority's governance and rename the authority under a
15 voluntary interlocal agreement with a term of not less than 20
16 years. The interlocal agreement must comply with this
17 subsection as follows:
18 (f) Upon execution of the voluntary interlocal
19 agreement provided for herein, the authority shall jointly
20 develop with the Southwest Florida Water Management District
21 alternative sources of potable water and transmission
22 pipelines to interconnect regionally significant water supply
23 sources and facilities of the authority in amounts sufficient
24 to meet the needs of all member governments for a period of at
25 least 20 years and for natural systems. Nothing herein,
26 however, shall preclude the authority and its member
27 governments from developing traditional water sources pursuant
28 to the voluntary interlocal agreement. Development and
29 construction costs for alternative source facilities, which
30 may include a desalination facility and significant regional
31 interconnects, must be borne as mutually agreed to by both the
99
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 authority and the Southwest Florida Water Management District.
2 Nothing herein shall preclude authority or district cost
3 sharing with private entities for the construction or
4 ownership of alternative source facilities. By December 31,
5 1997, the authority and the Southwest Florida Water Management
6 District shall:
7 1. Enter into a mutually acceptable agreement
8 detailing the development and implementation of directives
9 contained in this paragraph; or
10 2. Jointly prepare and submit to the President of the
11 Senate and the Speaker of the House of Representatives a
12 report describing the progress made and impediments
13 encountered in their attempts to implement the water resource
14 development and water supply development directives contained
15 in this paragraph.
16
17 Nothing in this section shall be construed to modify the
18 rights or responsibilities of the authority or its member
19 governments, except as otherwise provided herein, or of the
20 Southwest Florida Water Management District or the department
21 pursuant to this chapter or chapter 403 and as otherwise set
22 forth by statutes.
23 Section 95. Subsection (14) of section 376.121,
24 Florida Statutes, is repealed.
25 Section 96. Section 396.17, Florida Statutes, is
26 repealed.
27 Section 97. Subsection (5) of section 376.30713,
28 Florida Statutes, is repealed.
29 Section 98. Paragraph (f) of subsection (3) of section
30 377.703, Florida Statutes, is amended to read:
31
100
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 377.703 Additional functions of the Department of
2 Environmental Protection; energy emergency contingency plan;
3 federal and state conservation programs.--
4 (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION;
5 DUTIES.--The Department of Environmental Protection shall, in
6 addition to assuming the duties and responsibilities provided
7 by ss. 20.255 and 377.701, perform the following functions
8 consistent with the development of a state energy policy:
9 (f) The department shall make a report, as requested
10 by the Governor or the Legislature, reflecting its activities
11 and making recommendations of policies for improvement of the
12 state's response to energy supply and demand and its effect on
13 the health, safety, and welfare of the people of Florida. The
14 report shall include a report from the Florida Public Service
15 Commission on electricity and natural gas and information on
16 energy conservation programs conducted and under way in the
17 past year and shall include recommendations for energy
18 conservation programs for the state, including, but not
19 limited to, the following factors:
20 1. Formulation of specific recommendations for
21 improvement in the efficiency of energy utilization in
22 governmental, residential, commercial, industrial, and
23 transportation sectors.
24 2. Collection and dissemination of information
25 relating to energy conservation.
26 3. Development and conduct of educational and training
27 programs relating to energy conservation.
28 4. An analysis of the ways in which state agencies are
29 seeking to implement s. 377.601(4), the state energy policy,
30 and recommendations for better fulfilling this policy.
31
101
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 99. Paragraph (a) of subsection (2) of section
2 380.06, Florida Statutes, is amended to read:
3 380.06 Developments of regional impact.--
4 (2) STATEWIDE GUIDELINES AND STANDARDS.--
5 (a) The state land planning agency shall recommend to
6 the Administration Commission specific statewide guidelines
7 and standards for adoption pursuant to this subsection. The
8 Administration Commission shall by rule adopt statewide
9 guidelines and standards to be used in determining whether
10 particular developments shall undergo
11 development-of-regional-impact review. The statewide
12 guidelines and standards previously adopted by the
13 Administration Commission and approved by the Legislature
14 shall remain in effect unless revised pursuant to this section
15 or superseded by other provisions of law. Revisions to the
16 present statewide guidelines and standards, after adoption by
17 the Administration Commission, shall be transmitted on or
18 before March 1 to the President of the Senate and the Speaker
19 of the House of Representatives for presentation at the next
20 regular session of the Legislature. Unless approved by law by
21 the Legislature, the revisions to the present guidelines and
22 standards shall not become effective.
23 Section 100. Subsection (3) of section 380.0677,
24 Florida Statutes, is repealed.
25 Section 101. Subsection (3) of section 381.0011,
26 Florida Statutes, is repealed.
27 Section 102. Section 381.0036, Florida Statutes, is
28 repealed.
29 Section 103. Section 381.731, Florida Statutes, is
30 repealed.
31
102
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 104. Section 381.795, Florida Statutes, is
2 amended to read:
3 381.795 Long-term community-based supports.--The
4 department shall, contingent upon specific appropriations for
5 these purposes, establish:
6 (1) Study the long-term needs for community-based
7 supports and services for individuals who have sustained
8 traumatic brain or spinal cord injuries. The purpose of this
9 study is to prevent inappropriate residential and
10 institutional placement of these individuals, and promote
11 placement in the most cost effective and least restrictive
12 environment. Any placement recommendations for these
13 individuals shall ensure full utilization of and collaboration
14 with other state agencies, programs, and community partners.
15 This study shall be submitted to the Governor, the President
16 of the Senate, and the Speaker of the House of Representatives
17 not later than December 31, 2000.
18 (2) Based upon the results of this study, establish a
19 plan for the implementation of a program of long-term
20 community-based supports and services for individuals who have
21 sustained traumatic brain or spinal cord injuries who may be
22 subject to inappropriate residential and institutional
23 placement as a direct result of such injuries.
24 (1)(a) The program shall be payor of last resort for
25 program services, and expenditures for such services shall be
26 considered funded services for purposes of s. 381.785;
27 however, notwithstanding s. 381.79(5), proceeds resulting from
28 this subsection shall be used solely for this program.
29 (2)(b) The department shall create, by rule,
30 procedures to ensure, that in the event the program is unable
31 to directly or indirectly provide such services to all
103
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 eligible individuals due to lack of funds, those individuals
2 most at risk to suffer the greatest harm from an imminent
3 inappropriate residential or institutional placement are
4 served first.
5 (3)(c) Every applicant or recipient of the long-term
6 community-based supports and services program shall have been
7 a resident of the state for 1 year immediately preceding
8 application and be a resident of the state at the time of
9 application.
10 (4)(d) The department shall adopt rules pursuant to
11 ss. 120.536(1) and 120.54 to implement the provision of this
12 section subsection.
13 Section 105. Paragraph (a) of subsection (7) of
14 section 381.90, Florida Statutes, is repealed.
15 Section 106. Section 381.931, Florida Statutes, is
16 amended to read:
17 381.931 Annual report on Medicaid expenditures.--The
18 Department of Health and the Agency for Health Care
19 Administration shall monitor the total Medicaid expenditures
20 for services made under this act. If Medicaid expenditures are
21 projected to exceed the amount appropriated by the
22 Legislature, the Department of Health shall limit the number
23 of screenings to ensure Medicaid expenditures do not exceed
24 the amount appropriated. The Department of Health, in
25 cooperation with the Agency for Health Care Administration,
26 shall prepare an annual report that must include the number of
27 women screened; the percentage of positive and negative
28 outcomes; the number of referrals to Medicaid and other
29 providers for treatment services; the estimated number of
30 women who are not screened or not served by Medicaid due to
31 funding limitations, if any; the cost of Medicaid treatment
104
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 services; and the estimated cost of treatment services for
2 women who were not screened or referred for treatment due to
3 funding limitations. The report shall be submitted to the
4 President of the Senate, the Speaker of the House of
5 Representatives, and the Executive Office of the Governor by
6 March 1 of each year.
7 Section 107. Subsection (6) of section 383.19, Florida
8 Statutes, is amended to read:
9 383.19 Standards; funding; ineligibility.--
10 (6) Each hospital that which contracts with the
11 department to provide services under the terms of ss.
12 383.15-383.21 shall prepare and submit to the department an
13 annual report that includes, but is not limited to, the number
14 of clients served and the costs of services in the center. The
15 department shall annually conduct a programmatic and financial
16 evaluation of each center.
17 Section 108. Section 383.21, Florida Statutes, is
18 repealed.
19 Section 109. Section 383.2161, Florida Statutes, is
20 amended to read:
21 383.2161 Maternal and child health report.--The
22 Department of Health annually shall annually compile and
23 analyze the risk information collected by the Office of Vital
24 Statistics and the district prenatal and infant care
25 coalitions and shall maintain county and statewide data on
26 prepare and submit to the Legislature by January 2 a report
27 that includes, but is not limited to:
28 (1) The number of families identified as families at
29 potential risk;
30 (2) The number of families that receive family
31 outreach services;
105
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (3) The increase in demand for services; and
2 (4) The unmet need for services for identified target
3 groups.
4 Section 110. Subsection (6) of section 384.25, Florida
5 Statutes, is repealed.
6 Section 111. Subsection (4) of section 394.4573,
7 Florida Statutes, is repealed.
8 Section 112. Subsection (1) of section 394.4985,
9 Florida Statutes, is amended to read:
10 394.4985 Districtwide information and referral
11 network; implementation.--
12 (1) Each service district of the Department of
13 Children and Family Services shall develop a detailed
14 implementation plan for a districtwide comprehensive child and
15 adolescent mental health information and referral network to
16 be operational by July 1, 1999. The plan must include an
17 operating budget that demonstrates cost efficiencies and
18 identifies funding sources for the district information and
19 referral network. The plan must be submitted by the department
20 to the Legislature by October 1, 1998. The district shall use
21 existing district information and referral providers if, in
22 the development of the plan, it is concluded that these
23 providers would deliver information and referral services in a
24 more efficient and effective manner when compared to other
25 alternatives. The district information and referral network
26 must include:
27 (a) A resource file that contains information about
28 the child and adolescent mental health services as described
29 in s. 394.495, including, but not limited to:
30 1. Type of program;
31 2. Hours of service;
106
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 3. Ages of persons served;
2 4. Program description;
3 5. Eligibility requirements; and
4 6. Fees.
5 (b) Information about private providers and
6 professionals in the community which serve children and
7 adolescents with an emotional disturbance.
8 (c) A system to document requests for services that
9 are received through the network referral process, including,
10 but not limited to:
11 1. Number of calls by type of service requested;
12 2. Ages of the children and adolescents for whom
13 services are requested; and
14 3. Type of referral made by the network.
15 (d) The ability to share client information with the
16 appropriate community agencies.
17 (e) The submission of an annual report to the
18 department, the Agency for Health Care Administration, and
19 appropriate local government entities, which contains
20 information about the sources and frequency of requests for
21 information, types and frequency of services requested, and
22 types and frequency of referrals made.
23 Section 113. Section 394.75, Florida Statutes, is
24 amended to read:
25 394.75 State and district substance abuse and mental
26 health plans.--
27 (1)(a) Every 3 years, beginning in 2001, The
28 department, in consultation with the Medicaid program in the
29 Agency for Health Care Administration and the Florida
30 Substance Abuse and Mental Health Corporation, shall prepare a
31 state master plan for the delivery and financing of a system
107
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 of publicly funded, community-based substance abuse and mental
2 health services throughout the state. The state plan must
3 include:
4 (b) The initial plan must include an assessment of the
5 clinical practice guidelines and standards for community-based
6 mental health and substance abuse services delivered by
7 persons or agencies under contract with the Department of
8 Children and Family Services. The assessment must include an
9 inventory of current clinical guidelines and standards used by
10 persons and agencies under contract with the department, and
11 by nationally recognized accreditation organizations, to
12 address the quality of care and must specify additional
13 clinical practice standards and guidelines for new or existing
14 services and programs.
15 (a)(c) Proposed The plan must propose changes in
16 department policy or statutory revisions to strengthen the
17 quality of mental health and substance abuse treatment and
18 support services.
19 (b)(d) The plan must identify Strategies for meeting
20 the treatment and support needs of children, adolescents,
21 adults, and older adults who have, or are at risk of having,
22 mental, emotional, or substance abuse problems as defined in
23 this chapter or chapter 397.
24 (c)(e) The plan must include Input from persons who
25 represent local communities; local government entities that
26 contribute funds to the local substance abuse and mental
27 health treatment systems; consumers of publicly funded
28 substance abuse and mental health services, and their
29 families; and stakeholders interested in mental health and
30 substance abuse services. The plan must describe the means by
31
108
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 which this local input occurred. The plan shall be updated
2 annually.
3 (f) The plan must include statewide policies and
4 planning parameters that will be used by the health and human
5 services boards in preparing the district substance abuse and
6 mental health plans.
7 (g) The district plans shall be one component of the
8 state master plan.
9 (2) The state master plan shall also include:
10 (a) A proposal for the development of a data system
11 that will evaluate the effectiveness of programs and services
12 provided to clients of the substance abuse and mental health
13 service system.
14 (b) A proposal to resolve the funding discrepancies
15 between districts.
16 (d)(c) A methodology for the allocation of resources
17 available from federal, state, and local sources and a
18 description of the current level of funding available from
19 each source.
20 (e)(d) A description of the statewide priorities for
21 clients and services, and each district's priorities for
22 clients and services.
23 (e) Recommendations for methods of enhancing local
24 participation in the planning, organization, and financing of
25 substance abuse and mental health services.
26 (f) A description of the current methods of
27 contracting for services, an assessment of the efficiency of
28 these methods in providing accountability for contracted
29 funds, and recommendations for improvements to the system of
30 contracting.
31
109
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (f)(g) Recommendations for improving access to
2 services by clients and their families.
3 (h) Guidelines and formats for the development of
4 district plans.
5 (g)(i) Recommendations for future directions for the
6 substance abuse and mental health service delivery system.
7 (2) A schedule, format, and procedure for development,
8 and review, and update of the state master plan shall be
9 adopted by the department by June of each year. The plan and
10 annual updates shall must be submitted to the Governor and the
11 Legislature beginning February 10, 2006, and every 3rd year
12 thereafter President of the Senate and the Speaker of the
13 House of Representatives by January 1 of each year, beginning
14 January 1, 2001.
15 (3) Each The district health and human services board
16 shall prepare an integrated district substance abuse and
17 mental health plan. The plan shall be prepared and updated on
18 a schedule established by the Assistant Secretary for
19 Substance Abuse Alcohol, Drug Abuse, and Mental Health Program
20 Office. The plan shall reflect the needs and program
21 priorities established by the department and the needs of the
22 district established under ss. 394.674 and 394.675. The
23 district plan must list in order of priority the mental health
24 and the substance abuse treatment needs of the district and
25 must rank each program separately. The plan shall include:
26 (a) A record of the total amount of money available in
27 the district for mental health and substance abuse services.
28 (b) A description of each service that will be
29 purchased with state funds.
30
31
110
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (c) A record of the amount of money allocated for each
2 service identified in the plan as being purchased with state
3 funds.
4 (d) A record of the total funds allocated to each
5 provider.
6 (e) A record of the total funds allocated to each
7 provider by type of service to be purchased with state funds.
8 (a)(f) Input from community-based persons,
9 organizations, and agencies interested in substance abuse and
10 mental health treatment services; local government entities
11 that contribute funds to the public substance abuse and mental
12 health treatment systems; and consumers of publicly funded
13 substance abuse and mental health services, and their family
14 members. The plan must describe the means by which this local
15 input occurred.
16
17 The plan shall be submitted by the district board to the
18 district administrator and to the governing bodies for review,
19 comment, and approval.
20 (4) The district plan shall:
21 (a) Describe the publicly funded, community-based
22 substance abuse and mental health system of care, and identify
23 statutorily defined populations, their service needs, and the
24 resources available and required to meet their needs.
25 (b) Provide the means for meeting the needs of the
26 district's eligible clients, specified in ss. 394.674 and
27 394.675, for substance abuse and mental health services.
28 (b)(c) Provide a process for coordinating the delivery
29 of services within a community-based system of care to
30 eligible clients. Such process must involve service providers,
31 clients, and other stakeholders. The process must also provide
111
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 a means by which providers will coordinate and cooperate to
2 strengthen linkages, achieve maximum integration of services,
3 foster efficiencies in service delivery and administration,
4 and designate responsibility for outcomes for eligible
5 clients.
6 (c)(d) Provide a projection of district program and
7 fiscal needs for the next fiscal year, provide for the orderly
8 and economical development of needed services, and indicate
9 priorities and resources for each population served,
10 performance outcomes, and anticipated expenditures and
11 revenues.
12 (e) Include a summary budget request for the total
13 district substance abuse and mental health program, which must
14 include the funding priorities established by the district
15 planning process.
16 (f) Provide a basis for the district legislative
17 budget request.
18 (g) Include a policy and procedure for allocation of
19 funds.
20 (h) Include a procedure for securing local matching
21 funds. Such a procedure shall be developed in consultation
22 with governing bodies and service providers.
23 (d)(i) Provide for the integration of substance abuse
24 and mental health services with the other departmental
25 programs and with the criminal justice, juvenile justice,
26 child protection, school, and health care systems within the
27 district.
28 (j) Provide a plan for the coordination of services in
29 such manner as to ensure effectiveness and avoid duplication,
30 fragmentation of services, and unnecessary expenditures.
31
112
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (e)(k) Provide for continuity of client care between
2 state treatment facilities and community programs to assure
3 that discharge planning results in the rapid application for
4 all benefits for which a client is eligible, including
5 Medicaid coverage for persons leaving state treatment
6 facilities and returning to community-based programs.
7 (l) Provide for the most appropriate and economical
8 use of all existing public and private agencies and personnel.
9 (m) Provide for the fullest possible and most
10 appropriate participation by existing programs; state
11 hospitals and other hospitals; city, county, and state health
12 and family service agencies; drug abuse and alcoholism
13 programs; probation departments; physicians; psychologists;
14 social workers; marriage and family therapists; mental health
15 counselors; clinical social workers; public health nurses;
16 school systems; and all other public and private agencies and
17 personnel that are required to, or may agree to, participate
18 in the plan.
19 (n) Include an inventory of all public and private
20 substance abuse and mental health resources within the
21 district, including consumer advocacy groups and self-help
22 groups known to the department.
23 (4)(5) The district plan shall address how substance
24 abuse and mental health services will be provided and how a
25 system of care for target populations will be provided given
26 the resources available in the service district. The plan must
27 include provisions for providing the most appropriate and
28 current evidence-based services for persons with substance
29 abuse disorders and mental illnesses in a variety of settings
30 maximizing client access to the most recently developed
31 psychiatric medications approved by the United States Food and
113
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Drug Administration, for developing independent housing units
2 through participation in the Section 811 program operated by
3 the United States Department of Housing and Urban Development,
4 for developing supported employment services through the
5 Division of Vocational Rehabilitation of the Department of
6 Education, for providing treatment services to persons with
7 co-occurring mental illness and substance abuse problems which
8 are integrated across treatment systems, and for providing
9 services to adults who have a serious mental illness, as
10 defined in s. 394.67, and who reside in assisted living
11 facilities.
12 (6) The district plan shall provide the means by which
13 the needs of the population groups specified pursuant to s.
14 394.674 will be addressed in the district.
15 (7) In developing the district plan, optimum use shall
16 be made of any federal, state, and local funds that may be
17 available for substance abuse and mental health service
18 planning. However, the department must provide these services
19 within legislative appropriations.
20 (8) The district health and human services board shall
21 establish a subcommittee to prepare the portion of the
22 district plan relating to children and adolescents. The
23 subcommittee shall include representative membership of any
24 committee organized or established by the district to review
25 placement of children and adolescents in residential treatment
26 programs. The board shall establish a subcommittee to prepare
27 the portion of the district plan which relates to adult mental
28 health and substance abuse. The subcommittee must include
29 representatives from the community who have an interest in
30 mental health and substance abuse treatment for adults.
31
114
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (5)(9) All departments of state government and all
2 local public agencies shall cooperate with officials to assist
3 them in service planning. Each district administrator shall,
4 upon request and the availability of staff, provide
5 consultative services to the local agency directors and
6 governing bodies.
7 (10) The district administrator shall ensure that the
8 district plan:
9 (a) Conforms to the priorities in the state plan, the
10 requirements of this part, and the standards adopted under
11 this part;
12 (b) Ensures that the most effective and economical use
13 will be made of available public and private substance abuse
14 and mental health resources in the service district; and
15 (c) Has adequate provisions made for review and
16 evaluation of the services provided in the service district.
17 (11) The district administrator shall require such
18 modifications in the district plan as he or she deems
19 necessary to bring the plan into conformance with the
20 provisions of this part. If the district board and the
21 district administrator cannot agree on the plan, including the
22 projected budget, the issues under dispute shall be submitted
23 directly to the secretary of the department for immediate
24 resolution.
25 (12) Each governing body that provides local funds has
26 the authority to require necessary modification to only that
27 portion of the district plan which affects substance abuse and
28 mental health programs and services within the jurisdiction of
29 that governing body.
30
31
115
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (13) The district administrator shall report annually
2 to the district board the status of funding for priorities
3 established in the district plan. Each report must include:
4 (a) A description of the district plan priorities that
5 were included in the district legislative budget request.
6 (b) A description of the district plan priorities that
7 were included in the departmental budget request.
8 (c) A description of the programs and services
9 included in the district plan priorities that were
10 appropriated funds by the Legislature in the legislative
11 session that preceded the report.
12 Section 114. Section 394.82, Florida Statutes, is
13 repealed.
14 Section 115. Paragraph (a) of subsection (4),
15 paragraph (h) of subsection (7), and subsection (8) of section
16 394.9082, Florida Statutes, are amended to read:
17 394.9082 Behavioral health service delivery
18 strategies.--
19 (4) CONTRACT FOR SERVICES.--
20 (a) The Department of Children and Family Services and
21 the Agency for Health Care Administration may contract for the
22 provision or management of behavioral health services with a
23 managing entity in at least two geographic areas. Both the
24 Department of Children and Family Services and the Agency for
25 Health Care Administration must contract with the same
26 managing entity in any distinct geographic area where the
27 strategy operates. This managing entity shall be accountable
28 at a minimum for the delivery of behavioral health services
29 specified and funded by the department and the agency. The
30 geographic area must be of sufficient size in population and
31 have enough public funds for behavioral health services to
116
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 allow for flexibility and maximum efficiency. Notwithstanding
2 the provisions of s. 409.912(4)(b)1., At least one service
3 delivery strategy must be in one of the service districts in
4 the catchment area of G. Pierce Wood Memorial Hospital.
5 (7) ESSENTIAL ELEMENTS.--
6 (h)1. The Department of Children and Family Services,
7 in consultation with the Agency for Health Care
8 Administration, shall prepare an amendment by October 31,
9 2001, to the 2001 master state plan required under s.
10 394.75(1), which describes each service delivery strategy,
11 including at least the following details:
12 a. Operational design;
13 b. Counties or service districts included in each
14 strategy;
15 c. Expected outcomes; and
16 d. Timeframes.
17 2. The amendment shall specifically address the
18 application of each service delivery strategy to substance
19 abuse services, including:
20 a. The development of substance abuse service
21 protocols;
22 b. Credentialing requirements for substance abuse
23 services; and
24 c. The development of new service models for
25 individuals with co-occurring mental health and substance
26 abuse disorders.
27 3. The amendment must specifically address the
28 application of each service delivery strategy to the child
29 welfare system, including:
30 a. The development of service models that support
31 working with both children and their families in a
117
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 community-based care system and that are specific to the child
2 welfare system.
3 b. A process for providing services to abused and
4 neglected children and their families as indicated in
5 court-ordered case plans.
6 (8) EXPANSION IN DISTRICTS 4 AND 12.--The department
7 shall work with community agencies to establish a single
8 managing entity for districts 4 and 12 accountable for the
9 delivery of substance abuse services to child protective
10 services recipients in the two districts. The purpose of this
11 strategy is to enhance the coordination of substance abuse
12 services with community-based care agencies and the
13 department. The department shall work with affected
14 stakeholders to develop and implement a plan that allows the
15 phase-in of services beginning with the delivery of substance
16 abuse services, with phase-in of subsequent substance abuse
17 services agreed upon by the managing entity and authorized by
18 the department, providing the necessary technical assistance
19 to assure provider and district readiness for implementation.
20 When a single managing entity is established and meets
21 readiness requirements, the department may enter into a
22 noncompetitive contract with the entity. The department shall
23 maintain detailed information on the methodology used for
24 selection and a justification for the selection. Performance
25 objectives shall be developed which ensure that services that
26 are delivered directly affect and complement the child's
27 permanency plan. During the initial planning and
28 implementation phase of this project, the requirements in
29 subsections (6) and (7) are waived. Considering the critical
30 substance abuse problems experienced by many families in the
31 child protection system, the department shall initiate the
118
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 implementation of the substance abuse delivery component of
2 this program without delay and furnish status reports to the
3 appropriate substantive committees of the Senate and the House
4 of Representatives no later than February 29, 2004, and
5 February 28, 2005. The integration of all services agreed upon
6 by the managing entity and authorized by the department must
7 be completed within 2 years after project initiation. Ongoing
8 monitoring and evaluation of this strategy shall be conducted
9 in accordance with subsection (9).
10 Section 116. Section 394.9083, Florida Statutes, is
11 repealed.
12 Section 117. Paragraph (c) of subsection (2) of
13 section 395.807, Florida Statutes, is repealed.
14 Section 118. Subsections (1) and (20) of section
15 397.321, Florida Statutes, are repealed.
16 Section 119. Subsection (3) of section 397.332,
17 Florida Statutes, is repealed.
18 Section 120. Subsection (4) of section 397.333,
19 Florida Statutes, is amended to read:
20 397.333 Statewide Drug Policy Advisory Council.--
21 (4)(a) The chairperson of the advisory council shall
22 appoint workgroups that include members of state agencies that
23 are not represented on the advisory council and shall solicit
24 input and recommendations from those state agencies. In
25 addition, the chairperson may appoint workgroups as necessary
26 from among the members of the advisory council in order to
27 efficiently address specific issues. A representative of a
28 state agency appointed to any workgroup shall be the head of
29 the agency, or his or her designee. The chairperson may
30 designate lead and contributing agencies within a workgroup.
31
119
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (b) The advisory council shall submit a report to the
2 Governor, the President of the Senate, and the Speaker of the
3 House of Representatives by December 1 of each year which
4 contains a summary of the work of the council during that year
5 and the recommendations required under subsection (3). Interim
6 reports may be submitted at the discretion of the chairperson
7 of the advisory council.
8 Section 121. Subsection (1) of section 397.94, Florida
9 Statutes, is repealed.
10 Section 122. Paragraph (f) of subsection (2) of
11 section 400.0067, Florida Statutes, is amended to read:
12 400.0067 State Long-Term Care Ombudsman Council;
13 duties; membership.--
14 (2) The State Long-Term Care Ombudsman Council shall:
15 (f) Prepare an annual report describing the activities
16 carried out by the ombudsman, and the State Long-Term Care
17 Ombudsman Council, and the local councils in the year for
18 which the report is prepared. The State Long-Term Care
19 Ombudsman Council shall submit the report to the Secretary of
20 Elderly Affairs. The secretary shall in turn submit the report
21 to the Commissioner of the United States Administration on
22 Aging, the Governor, the Legislature President of the Senate,
23 the Speaker of the House of Representatives, the minority
24 leaders of the House and Senate, the chairpersons of
25 appropriate House and Senate committees, the Secretary of
26 Children and Family Services, and the Secretary of Health Care
27 Administration. The report shall be submitted by the
28 Secretary of Elderly Affairs at least 30 days before the
29 convening of the regular session of the Legislature and shall,
30 at a minimum:
31
120
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 1. Contain and analyze data collected concerning
2 complaints about and conditions in long-term care facilities
3 and the disposition of those complaints.
4 2. Evaluate the problems experienced by residents of
5 long-term care facilities.
6 3. Contain recommendations for improving the quality
7 of life of the residents and for protecting the health,
8 safety, welfare, and rights of the residents.
9 4. Analyze the success of the ombudsman program during
10 the preceding year and identify the barriers that prevent the
11 optimal operation of the program. The report of the program's
12 successes shall also include address the relationship between
13 the state long-term care ombudsman program, the Department of
14 Elderly Affairs, the Agency for Health Care Administration,
15 and the Department of Children and Family Services, and an
16 assessment of how successfully the state long-term care
17 ombudsman program has carried out its responsibilities under
18 the Older Americans Act.
19 5. Provide policy and regulatory and legislative
20 recommendations to solve identified problems; resolve
21 residents' complaints; improve the quality of care and life of
22 the residents; protect the health, safety, welfare, and rights
23 of the residents; and remove the barriers to the optimal
24 operation of the state long-term care ombudsman program.
25 6. Contain recommendations from the local ombudsman
26 councils regarding program functions and activities.
27 7. Include a report on the activities of the legal
28 advocate and other legal advocates acting on behalf of the
29 local and state councils.
30 Section 123. Subsection (3) of section 400.0075,
31 Florida Statutes, is repealed.
121
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 124. Section 400.0089, Florida Statutes, is
2 amended to read:
3 400.0089 Complaint Agency reports.--The Office of
4 State Long-Term Care Ombudsman Department of Elderly Affairs
5 shall maintain a statewide uniform reporting system to collect
6 and analyze data relating to complaints and conditions in
7 long-term care facilities and to residents, for the purpose of
8 identifying and resolving significant problems. The department
9 and the State Long-Term Care Ombudsman Council shall submit
10 such data as part of its annual report required pursuant to s.
11 400.0067(2)(f) to the Agency for Health Care Administration,
12 the Department of Children and Family Services, the Florida
13 Statewide Advocacy Council, the Advocacy Center for Persons
14 with Disabilities, the Commissioner for the United States
15 Administration on Aging, the National Ombudsman Resource
16 Center, and any other state or federal entities that the
17 ombudsman determines appropriate. The office State Long-Term
18 Care Ombudsman Council shall publish quarterly and make
19 readily available information pertaining to the number and
20 types of complaints received by the long-term care ombudsman
21 program and shall include such information in the annual
22 report required under s. 400.0067.
23 Section 125. Subsection (2) of section 400.148,
24 Florida Statutes, is repealed.
25 Section 126. Paragraph (b) of subsection (3) of
26 section 400.407, Florida Statutes, is amended to read:
27 400.407 License required; fee, display.--
28 (3) Any license granted by the agency must state the
29 maximum resident capacity of the facility, the type of care
30 for which the license is granted, the date the license is
31 issued, the expiration date of the license, and any other
122
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 information deemed necessary by the agency. Licenses shall be
2 issued for one or more of the following categories of care:
3 standard, extended congregate care, limited nursing services,
4 or limited mental health.
5 (b) An extended congregate care license shall be
6 issued to facilities providing, directly or through contract,
7 services beyond those authorized in paragraph (a), including
8 acts performed pursuant to part I of chapter 464 by persons
9 licensed thereunder, and supportive services defined by rule
10 to persons who otherwise would be disqualified from continued
11 residence in a facility licensed under this part.
12 1. In order for extended congregate care services to
13 be provided in a facility licensed under this part, the agency
14 must first determine that all requirements established in law
15 and rule are met and must specifically designate, on the
16 facility's license, that such services may be provided and
17 whether the designation applies to all or part of a facility.
18 Such designation may be made at the time of initial licensure
19 or relicensure, or upon request in writing by a licensee under
20 this part. Notification of approval or denial of such request
21 shall be made within 90 days after receipt of such request and
22 all necessary documentation. Existing facilities qualifying to
23 provide extended congregate care services must have maintained
24 a standard license and may not have been subject to
25 administrative sanctions during the previous 2 years, or since
26 initial licensure if the facility has been licensed for less
27 than 2 years, for any of the following reasons:
28 a. A class I or class II violation;
29 b. Three or more repeat or recurring class III
30 violations of identical or similar resident care standards as
31
123
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 specified in rule from which a pattern of noncompliance is
2 found by the agency;
3 c. Three or more class III violations that were not
4 corrected in accordance with the corrective action plan
5 approved by the agency;
6 d. Violation of resident care standards resulting in a
7 requirement to employ the services of a consultant pharmacist
8 or consultant dietitian;
9 e. Denial, suspension, or revocation of a license for
10 another facility under this part in which the applicant for an
11 extended congregate care license has at least 25 percent
12 ownership interest; or
13 f. Imposition of a moratorium on admissions or
14 initiation of injunctive proceedings.
15 2. Facilities that are licensed to provide extended
16 congregate care services shall maintain a written progress
17 report on each person who receives such services, which report
18 describes the type, amount, duration, scope, and outcome of
19 services that are rendered and the general status of the
20 resident's health. A registered nurse, or appropriate
21 designee, representing the agency shall visit such facilities
22 at least quarterly to monitor residents who are receiving
23 extended congregate care services and to determine if the
24 facility is in compliance with this part and with rules that
25 relate to extended congregate care. One of these visits may be
26 in conjunction with the regular survey. The monitoring visits
27 may be provided through contractual arrangements with
28 appropriate community agencies. A registered nurse shall
29 serve as part of the team that inspects such facility. The
30 agency may waive one of the required yearly monitoring visits
31 for a facility that has been licensed for at least 24 months
124
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 to provide extended congregate care services, if, during the
2 inspection, the registered nurse determines that extended
3 congregate care services are being provided appropriately, and
4 if the facility has no class I or class II violations and no
5 uncorrected class III violations. Before such decision is
6 made, the agency shall consult with the long-term care
7 ombudsman council for the area in which the facility is
8 located to determine if any complaints have been made and
9 substantiated about the quality of services or care. The
10 agency may not waive one of the required yearly monitoring
11 visits if complaints have been made and substantiated.
12 3. Facilities that are licensed to provide extended
13 congregate care services shall:
14 a. Demonstrate the capability to meet unanticipated
15 resident service needs.
16 b. Offer a physical environment that promotes a
17 homelike setting, provides for resident privacy, promotes
18 resident independence, and allows sufficient congregate space
19 as defined by rule.
20 c. Have sufficient staff available, taking into
21 account the physical plant and firesafety features of the
22 building, to assist with the evacuation of residents in an
23 emergency, as necessary.
24 d. Adopt and follow policies and procedures that
25 maximize resident independence, dignity, choice, and
26 decisionmaking to permit residents to age in place to the
27 extent possible, so that moves due to changes in functional
28 status are minimized or avoided.
29 e. Allow residents or, if applicable, a resident's
30 representative, designee, surrogate, guardian, or attorney in
31 fact to make a variety of personal choices, participate in
125
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 developing service plans, and share responsibility in
2 decisionmaking.
3 f. Implement the concept of managed risk.
4 g. Provide, either directly or through contract, the
5 services of a person licensed pursuant to part I of chapter
6 464.
7 h. In addition to the training mandated in s. 400.452,
8 provide specialized training as defined by rule for facility
9 staff.
10 4. Facilities licensed to provide extended congregate
11 care services are exempt from the criteria for continued
12 residency as set forth in rules adopted under s. 400.441.
13 Facilities so licensed shall adopt their own requirements
14 within guidelines for continued residency set forth by the
15 department in rule. However, such facilities may not serve
16 residents who require 24-hour nursing supervision. Facilities
17 licensed to provide extended congregate care services shall
18 provide each resident with a written copy of facility policies
19 governing admission and retention.
20 5. The primary purpose of extended congregate care
21 services is to allow residents, as they become more impaired,
22 the option of remaining in a familiar setting from which they
23 would otherwise be disqualified for continued residency. A
24 facility licensed to provide extended congregate care services
25 may also admit an individual who exceeds the admission
26 criteria for a facility with a standard license, if the
27 individual is determined appropriate for admission to the
28 extended congregate care facility.
29 6. Before admission of an individual to a facility
30 licensed to provide extended congregate care services, the
31 individual must undergo a medical examination as provided in
126
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 s. 400.426(4) and the facility must develop a preliminary
2 service plan for the individual.
3 7. When a facility can no longer provide or arrange
4 for services in accordance with the resident's service plan
5 and needs and the facility's policy, the facility shall make
6 arrangements for relocating the person in accordance with s.
7 400.428(1)(k).
8 8. Failure to provide extended congregate care
9 services may result in denial of extended congregate care
10 license renewal.
11 9. No later than January 1 of each year, the
12 department, in consultation with the agency, shall prepare and
13 submit to the Governor, the President of the Senate, the
14 Speaker of the House of Representatives, and the chairs of
15 appropriate legislative committees, a report on the status of,
16 and recommendations related to, extended congregate care
17 services. The status report must include, but need not be
18 limited to, the following information:
19 a. A description of the facilities licensed to provide
20 such services, including total number of beds licensed under
21 this part.
22 b. The number and characteristics of residents
23 receiving such services.
24 c. The types of services rendered that could not be
25 provided through a standard license.
26 d. An analysis of deficiencies cited during licensure
27 inspections.
28 e. The number of residents who required extended
29 congregate care services at admission and the source of
30 admission.
31
127
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 f. Recommendations for statutory or regulatory
2 changes.
3 g. The availability of extended congregate care to
4 state clients residing in facilities licensed under this part
5 and in need of additional services, and recommendations for
6 appropriations to subsidize extended congregate care services
7 for such persons.
8 h. Such other information as the department considers
9 appropriate.
10 Section 127. Paragraph (i) of subsection (1) of
11 section 400.408, Florida Statutes, is repealed.
12 Section 128. Subsection (13) of section 400.419,
13 Florida Statutes, is amended to read:
14 400.419 Violations; imposition of administrative
15 fines; grounds.--
16 (13) The agency shall develop and disseminate an
17 annual list of all facilities sanctioned or fined $5,000 or
18 more for violations of state standards, the number and class
19 of violations involved, the penalties imposed, and the current
20 status of cases. The list shall be disseminated, at no charge,
21 to the Department of Elderly Affairs, the Department of
22 Health, the Department of Children and Family Services, the
23 Agency for Persons with Disabilities, the area agencies on
24 aging, the Florida Statewide Advocacy Council, and the state
25 and local ombudsman councils. The Department of Children and
26 Family Services shall disseminate the list to service
27 providers under contract to the department who are responsible
28 for referring persons to a facility for residency. The agency
29 may charge a fee commensurate with the cost of printing and
30 postage to other interested parties requesting a copy of this
31 list.
128
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 129. Subsection (4) of section 400.441,
2 Florida Statutes, is amended to read:
3 400.441 Rules establishing standards.--
4 (4) The agency may use an abbreviated biennial
5 standard licensure inspection that consists of a review of key
6 quality-of-care standards in lieu of a full inspection in
7 facilities which have a good record of past performance.
8 However, a full inspection shall be conducted in facilities
9 which have had a history of class I or class II violations,
10 uncorrected class III violations, confirmed ombudsman council
11 complaints, or confirmed licensure complaints, within the
12 previous licensure period immediately preceding the inspection
13 or when a potentially serious problem is identified during the
14 abbreviated inspection. The agency, in consultation with the
15 department, shall develop the key quality-of-care standards
16 with input from the State Long-Term Care Ombudsman Council and
17 representatives of provider groups for incorporation into its
18 rules. The department, in consultation with the agency, shall
19 report annually to the Legislature concerning its
20 implementation of this subsection. The report shall include,
21 at a minimum, the key quality-of-care standards which have
22 been developed; the number of facilities identified as being
23 eligible for the abbreviated inspection; the number of
24 facilities which have received the abbreviated inspection and,
25 of those, the number that were converted to full inspection;
26 the number and type of subsequent complaints received by the
27 agency or department on facilities which have had abbreviated
28 inspections; any recommendations for modification to this
29 subsection; any plans by the agency to modify its
30 implementation of this subsection; and any other information
31 which the department believes should be reported.
129
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 130. Subsection (2) of section 400.967,
2 Florida Statutes, is amended to read:
3 400.967 Rules and classification of deficiencies.--
4 (2) Pursuant to the intention of the Legislature, the
5 agency, in consultation with the Agency for Persons with
6 Disabilities Department of Children and Family Services and
7 the Department of Elderly Affairs, shall adopt and enforce
8 rules to administer this part, which shall include reasonable
9 and fair criteria governing:
10 (a) The location and construction of the facility;
11 including fire and life safety, plumbing, heating, cooling,
12 lighting, ventilation, and other housing conditions that will
13 ensure the health, safety, and comfort of residents. The
14 agency shall establish standards for facilities and equipment
15 to increase the extent to which new facilities and a new wing
16 or floor added to an existing facility after July 1, 2000, are
17 structurally capable of serving as shelters only for
18 residents, staff, and families of residents and staff, and
19 equipped to be self-supporting during and immediately
20 following disasters. The Agency for Health Care Administration
21 shall work with facilities licensed under this part and report
22 to the Governor and the Legislature by April 1, 2000, its
23 recommendations for cost-effective renovation standards to be
24 applied to existing facilities. In making such rules, the
25 agency shall be guided by criteria recommended by nationally
26 recognized, reputable professional groups and associations
27 having knowledge concerning such subject matters. The agency
28 shall update or revise such criteria as the need arises. All
29 facilities must comply with those lifesafety code requirements
30 and building code standards applicable at the time of approval
31 of their construction plans. The agency may require
130
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 alterations to a building if it determines that an existing
2 condition constitutes a distinct hazard to life, health, or
3 safety. The agency shall adopt fair and reasonable rules
4 setting forth conditions under which existing facilities
5 undergoing additions, alterations, conversions, renovations,
6 or repairs are required to comply with the most recent updated
7 or revised standards.
8 (b) The number and qualifications of all personnel,
9 including management, medical nursing, and other personnel,
10 having responsibility for any part of the care given to
11 residents.
12 (c) All sanitary conditions within the facility and
13 its surroundings, including water supply, sewage disposal,
14 food handling, and general hygiene, which will ensure the
15 health and comfort of residents.
16 (d) The equipment essential to the health and welfare
17 of the residents.
18 (e) A uniform accounting system.
19 (f) The care, treatment, and maintenance of residents
20 and measurement of the quality and adequacy thereof.
21 (g) The preparation and annual update of a
22 comprehensive emergency management plan. The agency shall
23 adopt rules establishing minimum criteria for the plan after
24 consultation with the Department of Community Affairs. At a
25 minimum, the rules must provide for plan components that
26 address emergency evacuation transportation; adequate
27 sheltering arrangements; postdisaster activities, including
28 emergency power, food, and water; postdisaster transportation;
29 supplies; staffing; emergency equipment; individual
30 identification of residents and transfer of records; and
31 responding to family inquiries. The comprehensive emergency
131
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 management plan is subject to review and approval by the local
2 emergency management agency. During its review, the local
3 emergency management agency shall ensure that the following
4 agencies, at a minimum, are given the opportunity to review
5 the plan: the Department of Elderly Affairs, the Agency for
6 Persons with Disabilities Department of Children and Family
7 Services, the Agency for Health Care Administration, and the
8 Department of Community Affairs. Also, appropriate volunteer
9 organizations must be given the opportunity to review the
10 plan. The local emergency management agency shall complete its
11 review within 60 days and either approve the plan or advise
12 the facility of necessary revisions.
13 (h) Each licensee shall post its license in a
14 prominent place that is in clear and unobstructed public view
15 at or near the place where residents are being admitted to the
16 facility.
17 Section 131. Subsection (3) of section 402.3016,
18 Florida Statutes, is repealed.
19 Section 132. Subsection (9) of section 402.40, Florida
20 Statutes, is repealed.
21 Section 133. Paragraph (c) of subsection (1) of
22 section 402.73, Florida Statutes, is amended to read:
23 402.73 Contracting and performance standards.--
24 (1) The Department of Children and Family Services
25 shall establish performance standards for all contracted
26 client services. Notwithstanding s. 287.057(5)(f), the
27 department must competitively procure any contract for client
28 services when any of the following occurs:
29 (c) The department has concluded, after reviewing
30 market prices and available treatment options, that there is
31 evidence that the department can improve the performance
132
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 outcomes produced by its contract resources. At a minimum, the
2 department shall review market prices and available treatment
3 options biennially. The department shall compile the results
4 of the biennial review and include the results in its annual
5 performance report to the Legislature pursuant to chapter
6 94-249, Laws of Florida. The department shall provide notice
7 and an opportunity for public comment on its review of market
8 prices and available treatment options.
9 Section 134. Paragraph (d) of subsection (2) and
10 subsection (6) of section 403.067, Florida Statutes, are
11 amended to read:
12 403.067 Establishment and implementation of total
13 maximum daily loads.--
14 (2) LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
15 with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
16 U.S.C. ss. 1251 et seq., the department must submit
17 periodically to the United States Environmental Protection
18 Agency a list of surface waters or segments for which total
19 maximum daily load assessments will be conducted. The
20 assessments shall evaluate the water quality conditions of the
21 listed waters and, if such waters are determined not to meet
22 water quality standards, total maximum daily loads shall be
23 established, subject to the provisions of subsection (4). The
24 department shall establish a priority ranking and schedule for
25 analyzing such waters.
26 (d) If the department proposes to implement total
27 maximum daily load calculations or allocations established
28 prior to the effective date of this act, the department shall
29 adopt those calculations and allocations by rule by the
30 secretary pursuant to ss. 120.536(1) and 120.54 and paragraph
31 (6)(c) (6)(d).
133
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (6) CALCULATION AND ALLOCATION.--
2 (a) Calculation of total maximum daily load.
3 1. Prior to developing a total maximum daily load
4 calculation for each water body or water body segment on the
5 list specified in subsection (4), the department shall
6 coordinate with applicable local governments, water management
7 districts, the Department of Agriculture and Consumer
8 Services, other appropriate state agencies, local soil and
9 water conservation districts, environmental groups, regulated
10 interests, and affected pollution sources to determine the
11 information required, accepted methods of data collection and
12 analysis, and quality control/quality assurance requirements.
13 The analysis may include mathematical water quality modeling
14 using approved procedures and methods.
15 2. The department shall develop total maximum daily
16 load calculations for each water body or water body segment on
17 the list described in subsection (4) according to the priority
18 ranking and schedule unless the impairment of such waters is
19 due solely to activities other than point and nonpoint sources
20 of pollution. For waters determined to be impaired due solely
21 to factors other than point and nonpoint sources of pollution,
22 no total maximum daily load will be required. A total maximum
23 daily load may be required for those waters that are impaired
24 predominantly due to activities other than point and nonpoint
25 sources. The total maximum daily load calculation shall
26 establish the amount of a pollutant that a water body or water
27 body segment may receive from all sources without exceeding
28 water quality standards, and shall account for seasonal
29 variations and include a margin of safety that takes into
30 account any lack of knowledge concerning the relationship
31 between effluent limitations and water quality. The total
134
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 maximum daily load may be based on a pollutant load reduction
2 goal developed by a water management district, provided that
3 such pollutant load reduction goal is promulgated by the
4 department in accordance with the procedural and substantive
5 requirements of this subsection.
6 (b) Allocation of total maximum daily loads. The total
7 maximum daily loads shall include establishment of reasonable
8 and equitable allocations of the total maximum daily load
9 among point and nonpoint sources that will alone, or in
10 conjunction with other management and restoration activities,
11 provide for the attainment of water quality standards and the
12 restoration of impaired waters. The allocations may establish
13 the maximum amount of the water pollutant from a given source
14 or category of sources that may be discharged or released into
15 the water body or water body segment in combination with other
16 discharges or releases. Allocations may also be made to
17 individual basins and sources or as a whole to all basins and
18 sources or categories of sources of inflow to the water body
19 or water body segments. Allocations shall be designed to
20 attain water quality standards and shall be based on
21 consideration of the following:
22 1. Existing treatment levels and management practices;
23 2. Differing impacts pollutant sources may have on
24 water quality;
25 3. The availability of treatment technologies,
26 management practices, or other pollutant reduction measures;
27 4. Environmental, economic, and technological
28 feasibility of achieving the allocation;
29 5. The cost benefit associated with achieving the
30 allocation;
31 6. Reasonable timeframes for implementation;
135
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 7. Potential applicability of any moderating
2 provisions such as variances, exemptions, and mixing zones;
3 and
4 8. The extent to which nonattainment of water quality
5 standards is caused by pollution sources outside of Florida,
6 discharges that have ceased, or alterations to water bodies
7 prior to the date of this act.
8 (c) Not later than February 1, 2001, the department
9 shall submit a report to the Governor, the President of the
10 Senate, and the Speaker of the House of Representatives
11 containing recommendations, including draft legislation, for
12 any modifications to the process for allocating total maximum
13 daily loads, including the relationship between allocations
14 and the watershed or basin management planning process. Such
15 recommendations shall be developed by the department in
16 cooperation with a technical advisory committee which includes
17 representatives of affected parties, environmental
18 organizations, water management districts, and other
19 appropriate local, state, and federal government agencies. The
20 technical advisory committee shall also include such members
21 as may be designated by the President of the Senate and the
22 Speaker of the House of Representatives.
23 (c)(d) The total maximum daily load calculations and
24 allocations for each water body or water body segment shall be
25 adopted by rule by the secretary pursuant to ss. 120.536(1),
26 120.54, and 403.805. The rules adopted pursuant to this
27 paragraph shall not be subject to approval by the
28 Environmental Regulation Commission. As part of the rule
29 development process, the department shall hold at least one
30 public workshop in the vicinity of the water body or water
31 body segment for which the total maximum daily load is being
136
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 developed. Notice of the public workshop shall be published
2 not less than 5 days nor more than 15 days before the public
3 workshop in a newspaper of general circulation in the county
4 or counties containing the water bodies or water body segments
5 for which the total maximum daily load calculation and
6 allocation are being developed.
7 Section 135. Subsection (3) of section 403.4131,
8 Florida Statutes, is amended to read:
9 403.4131 "Keep Florida Beautiful, Incorporated";
10 placement of signs.--
11 (3) The Department of Transportation shall establish
12 an "adopt-a-highway" program to allow local organizations to
13 be identified with specific highway cleanup and highway
14 beautification projects authorized under s. 339.2405 and shall
15 coordinate such efforts with Keep Florida Beautiful, Inc. The
16 department shall report to the Governor and the Legislature on
17 the progress achieved and the savings incurred by the
18 "adopt-a-highway" program. The department shall also monitor
19 and report on compliance with the provisions of the
20 adopt-a-highway program to ensure that organizations that
21 participate in the program comply with the goals identified by
22 the department.
23 Section 136. Section 403.7226, Florida Statutes, is
24 amended to read:
25 403.7226 Technical assistance by the department.--The
26 department shall:
27 (1) provide technical assistance to county governments
28 and regional planning councils to ensure consistency in
29 implementing local hazardous waste management assessments as
30 provided in ss. 403.7225, 403.7234, and 403.7236. In order to
31 ensure that each local assessment is properly implemented and
137
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 that all information gathered during the assessment is
2 uniformly compiled and documented, each county or regional
3 planning council shall contact the department during the
4 preparation of the local assessment to receive technical
5 assistance. Each county or regional planning council shall
6 follow guidelines established by the department, and adopted
7 by rule as appropriate, in order to properly implement these
8 assessments.
9 (2) Identify short-term needs and long-term needs for
10 hazardous waste management for the state on the basis of the
11 information gathered through the local hazardous waste
12 management assessments and other information from state and
13 federal regulatory agencies and sources. The state needs
14 assessment must be ongoing and must be updated when new data
15 concerning waste generation and waste management technologies
16 become available. The department shall annually send a copy of
17 this assessment to the Governor and to the Legislature.
18 Section 137. Subsection (2) of section 403.7265,
19 Florida Statutes, is repealed.
20 Section 138. Section 403.756, Florida Statutes, is
21 repealed.
22 Section 139. Paragraph (b) of subsection (3) and
23 subsection (5) of section 403.7895, Florida Statutes, are
24 amended to read:
25 403.7895 Requirements for the permitting and
26 certification of commercial hazardous waste incinerators.--
27 (3) CERTIFICATION OF NEED.--
28 (b) The board shall make a determination of the need
29 for hazardous waste incinerators, based upon the best
30 available evidence of existing and projected need and
31
138
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 available capacity, as presented by the applicant, and as
2 determined by the study required by subsection (5).
3 (5) HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--
4 (a) The department shall conduct, by November 1, 1994,
5 or the date by which phase 2 of the next capacity assurance
6 plan must be submitted to the United States Environmental
7 Protection Agency, whichever date occurs first, a
8 comprehensive independent study of the current and future need
9 for hazardous waste incineration in the state. The study
10 shall evaluate the projected statewide capacity needs for a
11 20-year period. The study shall be updated at least every 5
12 years.
13 (b) The department shall consult with state and
14 nationally recognized experts in the field of hazardous waste
15 management, including representatives from state and federal
16 agencies, industry, local government, environmental groups,
17 universities, and other interested parties.
18 (c) The study components shall include but not be
19 limited to the following:
20 1. Existing and projected sources, amounts, and types
21 of hazardous waste in the state for which incineration is an
22 appropriate treatment alternative, taking into account all
23 applicable federal regulations on the disposal, storage and
24 treatment or definition of hazardous waste.
25 2. Existing and projected hazardous waste incinerator
26 capacity in the state and the nation.
27 3. Existing and projected hazardous waste incineration
28 capacity in boilers and industrial furnaces in the state and
29 the nation.
30 4. Existing and projected hazardous waste incineration
31 needs, specifically taking into account the impacts of
139
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 pollution prevention, recycling, and other waste reduction
2 strategies.
3 5. Any other impacts associated with construction of
4 excess hazardous waste incineration capacity in this state.
5 (d) Upon completion of the study, the department shall
6 present its findings and make recommendations to the board and
7 the Legislature regarding changes in state hazardous waste
8 policies and management strategies. The recommendations shall
9 address the advisability of establishing by statute the
10 maximum capacity for hazardous waste incineration in this
11 state.
12 Section 140. Paragraph (a) of subsection (4) of
13 section 406.02, Florida Statutes, is repealed.
14 Section 141. Paragraph (g) of subsection (1) of
15 section 408.033, Florida Statutes, is amended to read:
16 408.033 Local and state health planning.--
17 (1) LOCAL HEALTH COUNCILS.--
18 (g) Each local health council is authorized to accept
19 and receive, in furtherance of its health planning functions,
20 funds, grants, and services from governmental agencies and
21 from private or civic sources and to perform studies related
22 to local health planning in exchange for such funds, grants,
23 or services. Each local health council shall, no later than
24 January 30 of each year, render an accounting of the receipt
25 and disbursement of such funds received by it to the
26 Department of Health. The department shall consolidate all
27 such reports and submit such consolidated report to the
28 Legislature no later than March 1 of each year.
29 Section 142. Subsection (4) of section 408.914,
30 Florida Statutes, is repealed.
31
140
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 143. Paragraph (i) of subsection (3) of
2 section 408.915, Florida Statutes, is repealed.
3 Section 144. Section 408.917, Florida Statutes, is
4 repealed.
5 Section 145. Paragraph (b) of subsection (7) of
6 section 409.1451, Florida Statutes, is amended to read:
7 409.1451 Independent living transition services.--
8 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
9 Secretary of Children and Family Services shall establish the
10 Independent Living Services Advisory Council for the purpose
11 of reviewing and making recommendations concerning the
12 implementation and operation of the independent living
13 transition services. This advisory council shall continue to
14 function as specified in this subsection until the Legislature
15 determines that the advisory council can no longer provide a
16 valuable contribution to the department's efforts to achieve
17 the goals of the independent living transition services.
18 (b) The advisory council shall report to the secretary
19 appropriate substantive committees of the Senate and the House
20 of Representatives on the status of the implementation of the
21 system of independent living transition services; efforts to
22 publicize the availability of aftercare support services, the
23 Road-to-Independence Scholarship Program, and transitional
24 support services; specific barriers to financial aid created
25 by the scholarship and possible solutions; the success of the
26 services; problems identified; recommendations for department
27 or legislative action; and the department's implementation of
28 the recommendations contained in the Independent Living
29 Services Integration Workgroup Report submitted to the Senate
30 and the House substantive committees December 31, 2002. The
31 department shall submit a report by December 31 of each year
141
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 to the Governor and Legislature This advisory council report
2 shall be submitted by December 31 of each year that the
3 council is in existence and shall be accompanied by a report
4 from the department which includes a summary of the factors
5 reported on by the council and identifies the recommendations
6 of the advisory council and either describes the department's
7 actions to implement these recommendations or provides the
8 department's rationale for not implementing the
9 recommendations.
10 Section 146. Section 409.146, Florida Statutes, is
11 repealed.
12 Section 147. Section 409.152, Florida Statutes, is
13 repealed.
14 Section 148. Subsections (1) and (2) of section
15 409.1679, Florida Statutes, are repealed.
16 Section 149. Section 409.1685, Florida Statutes, is
17 amended to read:
18 409.1685 Children in foster care; annual report to
19 Legislature.--The Department of Children and Family Services
20 shall submit a written report to the Governor and substantive
21 committees of the Legislature concerning the status of
22 children in foster care and concerning the judicial review
23 mandated by part X of chapter 39. This report shall be
24 submitted by May March 1 of each year and shall include the
25 following information for the prior calendar year:
26 (1) The number of 6-month and annual judicial reviews
27 completed during that period.
28 (2) The number of children in foster care returned to
29 a parent, guardian, or relative as a result of a 6-month or
30 annual judicial review hearing during that period.
31
142
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (3) The number of termination of parental rights
2 proceedings instituted during that period which shall include:
3 (a) The number of termination of parental rights
4 proceedings initiated pursuant to s. 39.703; and
5 (b) The total number of terminations of parental
6 rights ordered.
7 (4) The number of foster care children placed for
8 adoption during that period.
9 Section 150. Paragraph (d) of subsection (5) of
10 section 409.178, Florida Statutes, is amended to read:
11 409.178 Child Care Executive Partnership Act; findings
12 and intent; grant; limitation; rules.--
13 (5)
14 (d) Each community coordinated child care agency shall
15 be required to establish a community child care task force for
16 each child care purchasing pool. The task force must be
17 composed of employers, parents, private child care providers,
18 and one representative from the local children's services
19 council, if one exists in the area of the purchasing pool. The
20 community coordinated child care agency is expected to recruit
21 the task force members from existing child care councils,
22 commissions, or task forces already operating in the area of a
23 purchasing pool. A majority of the task force shall consist of
24 employers. Each task force shall develop a plan for the use of
25 child care purchasing pool funds. The plan must show how many
26 children will be served by the purchasing pool, how many will
27 be new to receiving child care services, and how the community
28 coordinated child care agency intends to attract new employers
29 and their employees to the program.
30 Section 151. Paragraph (k) of subsection (4) of
31 section 409.221, Florida Statutes, is repealed.
143
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 152. Paragraph (a) of subsection (3) of
2 section 409.25575, Florida Statutes, is amended to read:
3 409.25575 Support enforcement; privatization.--
4 (3)(a) The department shall establish a quality
5 assurance program for the privatization of services. The
6 quality assurance program must include standards for each
7 specific component of these services. The department shall
8 establish minimum thresholds for each component. Each program
9 operated pursuant to contract must be evaluated annually by
10 the department or by an objective competent entity designated
11 by the department under the provisions of the quality
12 assurance program. The evaluation must be financed from cost
13 savings associated with the privatization of services. The
14 department shall submit an annual report regarding quality
15 performance, outcome measure attainment, and cost efficiency
16 to the President of the Senate, the Speaker of the House of
17 Representatives, the Minority leader of each house of the
18 Legislature, and the Governor no later than January 31 of each
19 year, beginning in 1999. The quality assurance program must be
20 financed through administrative savings generated by this act.
21 Section 153. Subsection (7) of section 409.2558,
22 Florida Statutes, is amended to read:
23 409.2558 Support distribution and disbursement.--
24 (7) RULEMAKING AUTHORITY.--The department may adopt
25 rules to administer this section. The department shall provide
26 a draft of the proposed concepts for the rule for the
27 undistributable collections to interested parties for review
28 and recommendations prior to full development of the rule and
29 initiating the formal rule-development process. The department
30 shall consider but is not required to implement the
31 recommendations. The department shall provide a report to the
144
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 President of the Senate and the Speaker of the House of
2 Representatives containing the recommendations received from
3 interested parties and the department's response regarding
4 incorporating the recommendations into the rule.
5 Section 154. Section 409.2567, Florida Statutes, is
6 amended to read:
7 409.2567 Services to individuals not otherwise
8 eligible.--All support services provided by the department
9 shall be made available on behalf of all dependent children.
10 Services shall be provided upon acceptance of public
11 assistance or upon proper application filed with the
12 department. The department shall adopt rules to provide for
13 the payment of a $25 application fee from each applicant who
14 is not a public assistance recipient. The application fee
15 shall be deposited in the Child Support Enforcement
16 Application and Program Revenue Trust Fund within the
17 Department of Revenue to be used for the Child Support
18 Enforcement Program. The obligor is responsible for all
19 administrative costs, as defined in s. 409.2554. The court
20 shall order payment of administrative costs without requiring
21 the department to have a member of the bar testify or submit
22 an affidavit as to the reasonableness of the costs. An
23 attorney-client relationship exists only between the
24 department and the legal services providers in Title IV-D
25 cases. The attorney shall advise the obligee in Title IV-D
26 cases that the attorney represents the agency and not the
27 obligee. In Title IV-D cases, any costs, including filing
28 fees, recording fees, mediation costs, service of process
29 fees, and other expenses incurred by the clerk of the circuit
30 court, shall be assessed only against the nonprevailing
31 obligor after the court makes a determination of the
145
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 nonprevailing obligor's ability to pay such costs and fees. In
2 any case where the court does not award all costs, the court
3 shall state in the record its reasons for not awarding the
4 costs. The Department of Revenue shall not be considered a
5 party for purposes of this section; however, fees may be
6 assessed against the department pursuant to s. 57.105(1). The
7 department shall submit a monthly report to the Governor and
8 the chairs of the Health and Human Services Fiscal Committee
9 of the House of Representatives and the Ways and Means
10 Committee of the Senate specifying the funds identified for
11 collection from the noncustodial parents of children receiving
12 temporary assistance and the amounts actually collected.
13 Section 155. Subsection (3) of section 409.441,
14 Florida Statutes, is repealed.
15 Section 156. Subsection (24) of section 409.906,
16 Florida Statutes, is amended to read:
17 409.906 Optional Medicaid services.--Subject to
18 specific appropriations, the agency may make payments for
19 services which are optional to the state under Title XIX of
20 the Social Security Act and are furnished by Medicaid
21 providers to recipients who are determined to be eligible on
22 the dates on which the services were provided. Any optional
23 service that is provided shall be provided only when medically
24 necessary and in accordance with state and federal law.
25 Optional services rendered by providers in mobile units to
26 Medicaid recipients may be restricted or prohibited by the
27 agency. Nothing in this section shall be construed to prevent
28 or limit the agency from adjusting fees, reimbursement rates,
29 lengths of stay, number of visits, or number of services, or
30 making any other adjustments necessary to comply with the
31 availability of moneys and any limitations or directions
146
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 provided for in the General Appropriations Act or chapter 216.
2 If necessary to safeguard the state's systems of providing
3 services to elderly and disabled persons and subject to the
4 notice and review provisions of s. 216.177, the Governor may
5 direct the Agency for Health Care Administration to amend the
6 Medicaid state plan to delete the optional Medicaid service
7 known as "Intermediate Care Facilities for the Developmentally
8 Disabled." Optional services may include:
9 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The
10 Agency for Health Care Administration, in consultation with
11 the Department of Children and Family Services, may establish
12 a targeted case-management project in those counties
13 identified by the Department of Children and Family Services
14 and for all counties with a community-based child welfare
15 project, as authorized under s. 409.1671, which have been
16 specifically approved by the department. Results of targeted
17 case management projects shall be reported to the Social
18 Services Estimating Conference established under s. 216.136.
19 The covered group of individuals who are eligible to receive
20 targeted case management include children who are eligible for
21 Medicaid; who are between the ages of birth through 21; and
22 who are under protective supervision or postplacement
23 supervision, under foster-care supervision, or in shelter care
24 or foster care. The number of individuals who are eligible to
25 receive targeted case management shall be limited to the
26 number for whom the Department of Children and Family Services
27 has available matching funds to cover the costs. The general
28 revenue funds required to match the funds for services
29 provided by the community-based child welfare projects are
30 limited to funds available for services described under s.
31 409.1671. The Department of Children and Family Services may
147
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 transfer the general revenue matching funds as billed by the
2 Agency for Health Care Administration.
3 Section 157. Subsection (4) of section 409.9065,
4 Florida Statutes, is amended to read:
5 409.9065 Pharmaceutical expense assistance.--
6 (4) ADMINISTRATION.--The pharmaceutical expense
7 assistance program shall be administered by the agency, in
8 collaboration with the Department of Elderly Affairs and the
9 Department of Children and Family Services.
10 (a) The agency shall, by rule, establish for the
11 pharmaceutical expense assistance program eligibility
12 requirements; limits on participation; benefit limitations,
13 including copayments; a requirement for generic drug
14 substitution; and other program parameters comparable to those
15 of the Medicaid program. Individuals eligible to participate
16 in this program are not subject to the limit of four brand
17 name drugs per month per recipient as specified in s.
18 409.912(39)(a) s. 409.912(40)(a). There shall be no monetary
19 limit on prescription drugs purchased with discounts of less
20 than 51 percent unless the agency determines there is a risk
21 of a funding shortfall in the program. If the agency
22 determines there is a risk of a funding shortfall, the agency
23 may establish monetary limits on prescription drugs which
24 shall not be less than $160 worth of prescription drugs per
25 month.
26 (b) By January 1 of each year, the agency shall report
27 to the Legislature on the operation of the program. The report
28 shall include information on the number of individuals served,
29 use rates, and expenditures under the program. The report
30 shall also address the impact of the program on reducing unmet
31
148
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 pharmaceutical drug needs among the elderly and recommend
2 programmatic changes.
3 Section 158. Section 409.91188, Florida Statutes, is
4 amended to read:
5 409.91188 Specialty prepaid health plans for Medicaid
6 recipients with HIV or AIDS.--The Agency for Health Care
7 Administration is authorized to contract with specialty
8 prepaid health plans and pay them on a prepaid capitated basis
9 to provide Medicaid benefits to Medicaid-eligible recipients
10 who have human immunodeficiency syndrome (HIV) or acquired
11 immunodeficiency syndrome (AIDS). The agency shall apply for
12 and is authorized to implement federal waivers or other
13 necessary federal authorization to implement the prepaid
14 health plans authorized by this section. The agency shall
15 procure the specialty prepaid health plans through a
16 competitive procurement. In awarding a contract to a managed
17 care plan, the agency shall take into account price, quality,
18 accessibility, linkages to community-based organizations, and
19 the comprehensiveness of the benefit package offered by the
20 plan. The agency may bid the HIV/AIDS specialty plans on a
21 county, regional, or statewide basis. Qualified plans must be
22 licensed under chapter 641. The agency shall monitor and
23 evaluate the implementation of this waiver program if it is
24 approved by the Federal Government and shall report on its
25 status to the President of the Senate and the Speaker of the
26 House of Representatives by February 1, 2001. To improve
27 coordination of medical care delivery and to increase cost
28 efficiency for the Medicaid program in treating HIV disease,
29 the agency for Health Care Administration shall seek all
30 necessary federal waivers to allow participation in the
31 Medipass HIV disease management program for Medicare
149
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 beneficiaries who test positive for HIV infection and who also
2 qualify for Medicaid benefits such as prescription medications
3 not covered by Medicare.
4 Section 159. Paragraph (b) of subsection (4) and
5 subsections (5), (21), (29), (41), (44), and (49) of section
6 409.912, Florida Statutes, are amended to read:
7 409.912 Cost-effective purchasing of health care.--The
8 agency shall purchase goods and services for Medicaid
9 recipients in the most cost-effective manner consistent with
10 the delivery of quality medical care. To ensure that medical
11 services are effectively utilized, the agency may, in any
12 case, require a confirmation or second physician's opinion of
13 the correct diagnosis for purposes of authorizing future
14 services under the Medicaid program. This section does not
15 restrict access to emergency services or poststabilization
16 care services as defined in 42 C.F.R. part 438.114. Such
17 confirmation or second opinion shall be rendered in a manner
18 approved by the agency. The agency shall maximize the use of
19 prepaid per capita and prepaid aggregate fixed-sum basis
20 services when appropriate and other alternative service
21 delivery and reimbursement methodologies, including
22 competitive bidding pursuant to s. 287.057, designed to
23 facilitate the cost-effective purchase of a case-managed
24 continuum of care. The agency shall also require providers to
25 minimize the exposure of recipients to the need for acute
26 inpatient, custodial, and other institutional care and the
27 inappropriate or unnecessary use of high-cost services. The
28 agency may mandate prior authorization, drug therapy
29 management, or disease management participation for certain
30 populations of Medicaid beneficiaries, certain drug classes,
31 or particular drugs to prevent fraud, abuse, overuse, and
150
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 possible dangerous drug interactions. The Pharmaceutical and
2 Therapeutics Committee shall make recommendations to the
3 agency on drugs for which prior authorization is required. The
4 agency shall inform the Pharmaceutical and Therapeutics
5 Committee of its decisions regarding drugs subject to prior
6 authorization. The agency is authorized to limit the entities
7 it contracts with or enrolls as Medicaid providers by
8 developing a provider network through provider credentialing.
9 The agency may limit its network based on the assessment of
10 beneficiary access to care, provider availability, provider
11 quality standards, time and distance standards for access to
12 care, the cultural competence of the provider network,
13 demographic characteristics of Medicaid beneficiaries,
14 practice and provider-to-beneficiary standards, appointment
15 wait times, beneficiary use of services, provider turnover,
16 provider profiling, provider licensure history, previous
17 program integrity investigations and findings, peer review,
18 provider Medicaid policy and billing compliance records,
19 clinical and medical record audits, and other factors.
20 Providers shall not be entitled to enrollment in the Medicaid
21 provider network. The agency is authorized to seek federal
22 waivers necessary to implement this policy.
23 (4) The agency may contract with:
24 (b) An entity that is providing comprehensive
25 behavioral health care services to certain Medicaid recipients
26 through a capitated, prepaid arrangement pursuant to the
27 federal waiver provided for by s. 409.905(5). Such an entity
28 must be licensed under chapter 624, chapter 636, or chapter
29 641 and must possess the clinical systems and operational
30 competence to manage risk and provide comprehensive behavioral
31 health care to Medicaid recipients. As used in this paragraph,
151
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 the term "comprehensive behavioral health care services" means
2 covered mental health and substance abuse treatment services
3 that are available to Medicaid recipients. The secretary of
4 the Department of Children and Family Services shall approve
5 provisions of procurements related to children in the
6 department's care or custody prior to enrolling such children
7 in a prepaid behavioral health plan. Any contract awarded
8 under this paragraph must be competitively procured. In
9 developing the behavioral health care prepaid plan procurement
10 document, the agency shall ensure that the procurement
11 document must require requires the contractor to develop and
12 implement a plan to ensure compliance with s. 394.4574 related
13 to services provided to residents of licensed assisted living
14 facilities that hold a limited mental health license. Except
15 as provided in subparagraph 8., the agency shall seek federal
16 approval to contract with a single entity meeting these
17 requirements to provide comprehensive behavioral health care
18 services to all Medicaid recipients not enrolled in a managed
19 care plan in an AHCA area. Each entity must offer sufficient
20 choice of providers in its network to ensure recipient access
21 to care and the opportunity to select a provider with whom
22 they are satisfied. The network shall include all public
23 mental health hospitals. To ensure unimpaired access to
24 behavioral health care services by Medicaid recipients, all
25 contracts issued pursuant to this paragraph shall require 80
26 percent of the capitation paid to the managed care plan,
27 including health maintenance organizations, to be expended for
28 the provision of behavioral health care services. In the event
29 the managed care plan expends less than 80 percent of the
30 capitation paid pursuant to this paragraph for the provision
31 of behavioral health care services, the difference shall be
152
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 returned to the agency. The agency shall provide the managed
2 care plan with a certification letter indicating the amount of
3 capitation paid during each calendar year for the provision of
4 behavioral health care services pursuant to this section. The
5 agency may reimburse for substance abuse treatment services on
6 a fee-for-service basis until the agency finds that adequate
7 funds are available for capitated, prepaid arrangements.
8 1. By January 1, 2001, the agency shall modify the
9 contracts with the entities providing comprehensive inpatient
10 and outpatient mental health care services to Medicaid
11 recipients in Hillsborough, Highlands, Hardee, Manatee, and
12 Polk Counties, to include substance abuse treatment services.
13 2. By July 1, 2003, the agency and the Department of
14 Children and Family Services shall execute a written agreement
15 that requires collaboration and joint development of all
16 policy, budgets, procurement documents, contracts, and
17 monitoring plans that have an impact on the state and Medicaid
18 community mental health and targeted case management programs.
19 1.3. Except as provided in subparagraph 6. 8., by July
20 1, 2006, the agency and the Department of Children and Family
21 Services shall contract with managed care entities in each
22 AHCA area except area 6 or arrange to provide comprehensive
23 inpatient and outpatient mental health and substance abuse
24 services through capitated prepaid arrangements to all
25 Medicaid recipients who are eligible to participate in such
26 plans under federal law and regulation. In AHCA areas where
27 eligible individuals number less than 150,000, the agency
28 shall contract with a single managed care plan to provide
29 comprehensive behavioral health services to all recipients who
30 are not enrolled in a Medicaid health maintenance
31 organization. The agency may contract with more than one
153
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 comprehensive behavioral health provider to provide care to
2 recipients who are not enrolled in a Medicaid health
3 maintenance organization in AHCA areas where the eligible
4 population exceeds 150,000. Contracts for comprehensive
5 behavioral health providers awarded pursuant to this section
6 shall be competitively procured. Both for-profit and
7 not-for-profit corporations shall be eligible to compete.
8 Managed care plans contracting with the agency under
9 subsection (3) shall provide and receive payment for the same
10 comprehensive behavioral health benefits as provided in AHCA
11 rules, including handbooks incorporated by reference.
12 4. By October 1, 2003, the agency and the department
13 shall submit a plan to the Governor, the President of the
14 Senate, and the Speaker of the House of Representatives which
15 provides for the full implementation of capitated prepaid
16 behavioral health care in all areas of the state.
17 a. Implementation shall begin in 2003 in those AHCA
18 areas of the state where the agency is able to establish
19 sufficient capitation rates.
20 2.b. If the agency determines that the proposed
21 capitation rate in any area is insufficient to provide
22 appropriate services, the agency may adjust the capitation
23 rate to ensure that care will be available. The agency and the
24 department may use existing general revenue to address any
25 additional required match but may not over-obligate existing
26 funds on an annualized basis.
27 c. Subject to any limitations provided for in the
28 General Appropriations Act, the agency, in compliance with
29 appropriate federal authorization, shall develop policies and
30 procedures that allow for certification of local and state
31 funds.
154
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 3.5. Children residing in a statewide inpatient
2 psychiatric program, or in a Department of Juvenile Justice or
3 a Department of Children and Family Services residential
4 program approved as a Medicaid behavioral health overlay
5 services provider shall not be included in a behavioral health
6 care prepaid health plan or any other Medicaid managed care
7 plan pursuant to this paragraph.
8 4.6. In converting to a prepaid system of delivery,
9 the agency shall in its procurement document require an entity
10 providing only comprehensive behavioral health care services
11 to prevent the displacement of indigent care patients by
12 enrollees in the Medicaid prepaid health plan providing
13 behavioral health care services from facilities receiving
14 state funding to provide indigent behavioral health care, to
15 facilities licensed under chapter 395 which do not receive
16 state funding for indigent behavioral health care, or
17 reimburse the unsubsidized facility for the cost of behavioral
18 health care provided to the displaced indigent care patient.
19 5.7. Traditional community mental health providers
20 under contract with the Department of Children and Family
21 Services pursuant to part IV of chapter 394, child welfare
22 providers under contract with the Department of Children and
23 Family Services in areas 1 and 6, and inpatient mental health
24 providers licensed pursuant to chapter 395 must be offered an
25 opportunity to accept or decline a contract to participate in
26 any provider network for prepaid behavioral health services.
27 6.8. For fiscal year 2004-2005, all Medicaid eligible
28 children, except children in areas 1 and 6, whose cases are
29 open for child welfare services in the HomeSafeNet system,
30 shall be enrolled in MediPass or in Medicaid fee-for-service
31 and all their behavioral health care services including
155
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 inpatient, outpatient psychiatric, community mental health,
2 and case management shall be reimbursed on a fee-for-service
3 basis. Beginning July 1, 2005, such children, who are open for
4 child welfare services in the HomeSafeNet system, shall
5 receive their behavioral health care services through a
6 specialty prepaid plan operated by community-based lead
7 agencies either through a single agency or formal agreements
8 among several agencies. The specialty prepaid plan must result
9 in savings to the state comparable to savings achieved in
10 other Medicaid managed care and prepaid programs. Such plan
11 must provide mechanisms to maximize state and local revenues.
12 The specialty prepaid plan shall be developed by the agency
13 and the Department of Children and Family Services. The agency
14 is authorized to seek any federal waivers to implement this
15 initiative.
16 (5) By October 1, 2003, the agency and the department
17 shall, to the extent feasible, develop a plan for implementing
18 new Medicaid procedure codes for emergency and crisis care,
19 supportive residential services, and other services designed
20 to maximize the use of Medicaid funds for Medicaid-eligible
21 recipients. The agency shall include in the agreement
22 developed pursuant to subsection (4) a provision that ensures
23 that the match requirements for these new procedure codes are
24 met by certifying eligible general revenue or local funds that
25 are currently expended on these services by the department
26 with contracted alcohol, drug abuse, and mental health
27 providers. The plan must describe specific procedure codes to
28 be implemented, a projection of the number of procedures to be
29 delivered during fiscal year 2003-2004, and a financial
30 analysis that describes the certified match procedures, and
31 accountability mechanisms, projects the earnings associated
156
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 with these procedures, and describes the sources of state
2 match. This plan may not be implemented in any part until
3 approved by the Legislative Budget Commission. If such
4 approval has not occurred by December 31, 2003, the plan shall
5 be submitted for consideration by the 2004 Legislature.
6 (20)(21) Any entity contracting with the agency
7 pursuant to this section to provide health care services to
8 Medicaid recipients is prohibited from engaging in any of the
9 following practices or activities:
10 (a) Practices that are discriminatory, including, but
11 not limited to, attempts to discourage participation on the
12 basis of actual or perceived health status.
13 (b) Activities that could mislead or confuse
14 recipients, or misrepresent the organization, its marketing
15 representatives, or the agency. Violations of this paragraph
16 include, but are not limited to:
17 1. False or misleading claims that marketing
18 representatives are employees or representatives of the state
19 or county, or of anyone other than the entity or the
20 organization by whom they are reimbursed.
21 2. False or misleading claims that the entity is
22 recommended or endorsed by any state or county agency, or by
23 any other organization which has not certified its endorsement
24 in writing to the entity.
25 3. False or misleading claims that the state or county
26 recommends that a Medicaid recipient enroll with an entity.
27 4. Claims that a Medicaid recipient will lose benefits
28 under the Medicaid program, or any other health or welfare
29 benefits to which the recipient is legally entitled, if the
30 recipient does not enroll with the entity.
31
157
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (c) Granting or offering of any monetary or other
2 valuable consideration for enrollment, except as authorized by
3 subsection (23) (24).
4 (d) Door-to-door solicitation of recipients who have
5 not contacted the entity or who have not invited the entity to
6 make a presentation.
7 (e) Solicitation of Medicaid recipients by marketing
8 representatives stationed in state offices unless approved and
9 supervised by the agency or its agent and approved by the
10 affected state agency when solicitation occurs in an office of
11 the state agency. The agency shall ensure that marketing
12 representatives stationed in state offices shall market their
13 managed care plans to Medicaid recipients only in designated
14 areas and in such a way as to not interfere with the
15 recipients' activities in the state office.
16 (f) Enrollment of Medicaid recipients.
17 (28)(29) The agency shall perform enrollments and
18 disenrollments for Medicaid recipients who are eligible for
19 MediPass or managed care plans. Notwithstanding the
20 prohibition contained in paragraph (20)(f) (21)(f), managed
21 care plans may perform preenrollments of Medicaid recipients
22 under the supervision of the agency or its agents. For the
23 purposes of this section, "preenrollment" means the provision
24 of marketing and educational materials to a Medicaid recipient
25 and assistance in completing the application forms, but shall
26 not include actual enrollment into a managed care plan. An
27 application for enrollment shall not be deemed complete until
28 the agency or its agent verifies that the recipient made an
29 informed, voluntary choice. The agency, in cooperation with
30 the Department of Children and Family Services, may test new
31 marketing initiatives to inform Medicaid recipients about
158
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 their managed care options at selected sites. The agency shall
2 report to the Legislature on the effectiveness of such
3 initiatives. The agency may contract with a third party to
4 perform managed care plan and MediPass enrollment and
5 disenrollment services for Medicaid recipients and is
6 authorized to adopt rules to implement such services. The
7 agency may adjust the capitation rate only to cover the costs
8 of a third-party enrollment and disenrollment contract, and
9 for agency supervision and management of the managed care plan
10 enrollment and disenrollment contract.
11 (40)(41) The agency shall provide for the development
12 of a demonstration project by establishment in Miami-Dade
13 County of a long-term-care facility licensed pursuant to
14 chapter 395 to improve access to health care for a
15 predominantly minority, medically underserved, and medically
16 complex population and to evaluate alternatives to nursing
17 home care and general acute care for such population. Such
18 project is to be located in a health care condominium and
19 colocated with licensed facilities providing a continuum of
20 care. The establishment of this project is not subject to the
21 provisions of s. 408.036 or s. 408.039. The agency shall
22 report its findings to the Governor, the President of the
23 Senate, and the Speaker of the House of Representatives by
24 January 1, 2003.
25 (43)(44) The Agency for Health Care Administration
26 shall ensure that any Medicaid managed care plan as defined in
27 s. 409.9122(2)(h), whether paid on a capitated basis or a
28 shared savings basis, is cost-effective. For purposes of this
29 subsection, the term "cost-effective" means that a network's
30 per-member, per-month costs to the state, including, but not
31 limited to, fee-for-service costs, administrative costs, and
159
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 case-management fees, must be no greater than the state's
2 costs associated with contracts for Medicaid services
3 established under subsection (3), which shall be actuarially
4 adjusted for case mix, model, and service area. The agency
5 shall conduct actuarially sound audits adjusted for case mix
6 and model in order to ensure such cost-effectiveness and shall
7 publish the audit results on its Internet website and submit
8 the audit results annually to the Governor, the President of
9 the Senate, and the Speaker of the House of Representatives no
10 later than December 31 of each year. Contracts established
11 pursuant to this subsection which are not cost-effective may
12 not be renewed.
13 (48)(49) The agency shall contract with established
14 minority physician networks that provide services to
15 historically underserved minority patients. The networks must
16 provide cost-effective Medicaid services, comply with the
17 requirements to be a MediPass provider, and provide their
18 primary care physicians with access to data and other
19 management tools necessary to assist them in ensuring the
20 appropriate use of services, including inpatient hospital
21 services and pharmaceuticals.
22 (a) The agency shall provide for the development and
23 expansion of minority physician networks in each service area
24 to provide services to Medicaid recipients who are eligible to
25 participate under federal law and rules.
26 (b) The agency shall reimburse each minority physician
27 network as a fee-for-service provider, including the case
28 management fee for primary care, or as a capitated rate
29 provider for Medicaid services. Any savings shall be shared
30 with the minority physician networks pursuant to the contract.
31
160
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (c) For purposes of this subsection, the term
2 "cost-effective" means that a network's per-member, per-month
3 costs to the state, including, but not limited to,
4 fee-for-service costs, administrative costs, and
5 case-management fees, must be no greater than the state's
6 costs associated with contracts for Medicaid services
7 established under subsection (3), which shall be actuarially
8 adjusted for case mix, model, and service area. The agency
9 shall conduct actuarially sound audits adjusted for case mix
10 and model in order to ensure such cost-effectiveness and shall
11 publish the audit results on its Internet website and submit
12 the audit results annually to the Governor, the President of
13 the Senate, and the Speaker of the House of Representatives no
14 later than December 31. Contracts established pursuant to this
15 subsection which are not cost-effective may not be renewed.
16 (d) The agency may apply for any federal waivers
17 needed to implement this subsection.
18 Section 160. Section 410.0245, Florida Statutes, is
19 repealed.
20 Section 161. Subsection (10) of section 410.604,
21 Florida Statutes, is repealed.
22 Section 162. Section 411.221, Florida Statutes, is
23 repealed.
24 Section 163. Section 411.242, Florida Statutes, is
25 repealed.
26 Section 164. Subsection (8) of section 413.402,
27 Florida Statutes, is repealed.
28 Section 165. Subsection (3) of section 414.1251,
29 Florida Statutes, is repealed.
30 Section 166. Section 414.14, Florida Statutes, is
31 amended to read:
161
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 414.14 Public assistance policy simplification.--To
2 the extent possible, the department shall align the
3 requirements for eligibility under this chapter with the food
4 stamp program and medical assistance eligibility policies and
5 procedures to simplify the budgeting process and reduce
6 errors. If the department determines that s. 414.075,
7 relating to resources, or s. 414.085, relating to income, is
8 inconsistent with related provisions of federal law which
9 govern the food stamp program or medical assistance, and that
10 conformance to federal law would simplify administration of
11 the WAGES Program or reduce errors without materially
12 increasing the cost of the program to the state, the secretary
13 of the department may propose a change in the resource or
14 income requirements of the program by rule. The secretary
15 shall provide written notice to the President of the Senate,
16 the Speaker of the House of Representatives, and the
17 chairpersons of the relevant committees of both houses of the
18 Legislature summarizing the proposed modifications to be made
19 by rule and changes necessary to conform state law to federal
20 law. The proposed rule shall take effect 14 days after written
21 notice is given unless the President of the Senate or the
22 Speaker of the House of Representatives advises the secretary
23 that the proposed rule exceeds the delegated authority of the
24 Legislature.
25 Section 167. Subsection (1) of section 414.36, Florida
26 Statutes, is repealed.
27 Section 168. Subsection (3) of section 414.391,
28 Florida Statutes, is repealed.
29 Section 169. Subsection (6) of section 415.1045,
30 Florida Statutes, is amended to read:
31
162
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 415.1045 Photographs, videotapes, and medical
2 examinations; abrogation of privileged communications;
3 confidential records and documents.--
4 (6) WORKING AGREEMENTS.--By March 1, 2004, The
5 department shall enter into working agreements with the
6 jurisdictionally responsible county sheriffs' office or local
7 police department that will be the lead agency when conducting
8 any criminal investigation arising from an allegation of
9 abuse, neglect, or exploitation of a vulnerable adult. The
10 working agreement must specify how the requirements of this
11 chapter will be met. The Office of Program Policy Analysis and
12 Government Accountability shall conduct a review of the
13 efficacy of the agreements and report its findings to the
14 Legislature by March 1, 2005. For the purposes of such
15 agreement, the jurisdictionally responsible law enforcement
16 entity is authorized to share Florida criminal history and
17 local criminal history information that is not otherwise
18 exempt from s. 119.07(1) with the district personnel. A law
19 enforcement entity entering into such agreement must comply
20 with s. 943.0525. Criminal justice information provided by
21 such law enforcement entity shall be used only for the
22 purposes specified in the agreement and shall be provided at
23 no charge. Notwithstanding any other provision of law, the
24 Department of Law Enforcement shall provide to the department
25 electronic access to Florida criminal justice information
26 which is lawfully available and not exempt from s. 119.07(1),
27 only for the purpose of protective investigations and
28 emergency placement. As a condition of access to such
29 information, the department shall be required to execute an
30 appropriate user agreement addressing the access, use,
31 dissemination, and destruction of such information and to
163
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 comply with all applicable laws and rules of the Department of
2 Law Enforcement.
3 Section 170. Paragraph (a) of subsection (5) of
4 section 415.111, Florida Statutes, is amended to read:
5 415.111 Criminal penalties.--
6 (5) A person who knowingly and willfully makes a false
7 report of abuse, neglect, or exploitation of a vulnerable
8 adult, or a person who advises another to make a false report,
9 commits a felony of the third degree, punishable as provided
10 in s. 775.082 or s. 775.083.
11 (a) The department shall establish procedures for
12 determining whether a false report of abuse, neglect, or
13 exploitation of a vulnerable adult has been made and for
14 submitting all identifying information relating to such a
15 false report to the local law enforcement agency as provided
16 in this subsection and shall report annually to the
17 Legislature the number of reports referred.
18 Section 171. Subsection (9) of section 420.622,
19 Florida Statutes, is amended to read:
20 420.622 State Office on Homelessness; Council on
21 Homelessness.--
22 (9) The council shall, by December 31 of each year,
23 provide issue to the Governor, the Legislature President of
24 the Senate, the Speaker of the House of Representatives, and
25 the Secretary of Children and Family Services an evaluation of
26 the executive director's performance in fulfilling the
27 statutory duties of the office, a report summarizing the
28 status of homelessness in the state and the council's
29 recommendations to the office and the corresponding actions
30 taken by the office, and any recommendations to the
31
164
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Legislature for reducing proposals to reduce homelessness in
2 this state.
3 Section 172. Subsection (4) of section 420.623,
4 Florida Statutes, is repealed.
5 Section 173. Subsection (9) of section 427.704,
6 Florida Statutes, is amended to read:
7 427.704 Powers and duties of the commission.--
8 (9) The commission shall prepare provide to the
9 President of the Senate and to the Speaker of the House of
10 Representatives an annual report on the operation of the
11 telecommunications access system, which shall be available on
12 the commission's Internet website. The first report shall be
13 provided no later than January 1, 1992, and successive reports
14 shall be provided by January 1 of each year thereafter.
15 Reports shall be prepared in consultation with the
16 administrator and the advisory committee appointed pursuant to
17 s. 427.706. The reports shall, at a minimum, briefly outline
18 the status of developments of the telecommunications access
19 system, the number of persons served, the call volume,
20 revenues and expenditures, the allocation of the revenues and
21 expenditures between provision of specialized
22 telecommunications devices to individuals and operation of
23 statewide relay service, other major policy or operational
24 issues, and proposals for improvements or changes to the
25 telecommunications access system.
26 Section 174. Subsection (2) of section 427.706,
27 Florida Statutes, is amended to read:
28 427.706 Advisory committee.--
29 (2) The advisory committee shall provide the
30 expertise, experience, and perspective of persons who are
31 hearing impaired or speech impaired to the commission and to
165
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 the administrator during all phases of the development and
2 operation of the telecommunications access system. The
3 advisory committee shall advise the commission and the
4 administrator on any matter relating to the quality and
5 cost-effectiveness of the telecommunications relay service and
6 the specialized telecommunications devices distribution
7 system. The advisory committee may submit material for
8 inclusion in the annual report prepared pursuant to s. 427.704
9 to the President of the Senate and the Speaker of the House of
10 Representatives.
11 Section 175. Subsections (3) through (16) of section
12 430.04, Florida Statutes, are amended to read:
13 430.04 Duties and responsibilities of the Department
14 of Elderly Affairs.--The Department of Elderly Affairs shall:
15 (3) Prepare and submit to the Governor, each Cabinet
16 member, the President of the Senate, the Speaker of the House
17 of Representatives, the minority leaders of the House and
18 Senate, and chairpersons of appropriate House and Senate
19 committees a master plan for policies and programs in the
20 state related to aging. The plan must identify and assess the
21 needs of the elderly population in the areas of housing,
22 employment, education and training, medical care, long-term
23 care, preventive care, protective services, social services,
24 mental health, transportation, and long-term care insurance,
25 and other areas considered appropriate by the department. The
26 plan must assess the needs of particular subgroups of the
27 population and evaluate the capacity of existing programs,
28 both public and private and in state and local agencies, to
29 respond effectively to identified needs. If the plan
30 recommends the transfer of any program or service from the
31 Department of Children and Family Services to another state
166
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 department, the plan must also include recommendations that
2 provide for an independent third-party mechanism, as currently
3 exists in the Florida advocacy councils established in ss.
4 402.165 and 402.166, for protecting the constitutional and
5 human rights of recipients of departmental services. The plan
6 must include policy goals and program strategies designed to
7 respond efficiently to current and projected needs. The plan
8 must also include policy goals and program strategies to
9 promote intergenerational relationships and activities.
10 Public hearings and other appropriate processes shall be
11 utilized by the department to solicit input for the
12 development and updating of the master plan from parties
13 including, but not limited to, the following:
14 (a) Elderly citizens and their families and
15 caregivers.
16 (b) Local-level public and private service providers,
17 advocacy organizations, and other organizations relating to
18 the elderly.
19 (c) Local governments.
20 (d) All state agencies that provide services to the
21 elderly.
22 (e) University centers on aging.
23 (f) Area agency on aging and community care for the
24 elderly lead agencies.
25 (3)(4) Serve as an information clearinghouse at the
26 state level, and assist local-level information and referral
27 resources as a repository and means for dissemination of
28 information regarding all federal, state, and local resources
29 for assistance to the elderly in the areas of, but not limited
30 to, health, social welfare, long-term care, protective
31 services, consumer protection, education and training,
167
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 housing, employment, recreation, transportation, insurance,
2 and retirement.
3 (4)(5) Recommend guidelines for the development of
4 roles for state agencies that provide services for the aging,
5 review plans of agencies that provide such services, and relay
6 these plans to the Governor and the Legislature, each Cabinet
7 member, the President of the Senate, the Speaker of the House
8 of Representatives, the minority leaders of the House and
9 Senate, and chairpersons of appropriate House and Senate
10 committees.
11 (5)(6) Recommend to the Governor and the Legislature,
12 each Cabinet member, the President of the Senate, the Speaker
13 of the House of Representatives, the minority leaders of the
14 House and Senate, and chairpersons of appropriate House and
15 Senate committees an organizational framework for the
16 planning, coordination, implementation, and evaluation of
17 programs related to aging, with the purpose of expanding and
18 improving programs and opportunities available to the state's
19 elderly population and enhancing a continuum of long-term
20 care. This framework must assure that:
21 (a) Performance objectives are established.
22 (b) Program reviews are conducted statewide.
23 (c) Each major program related to aging is reviewed
24 every 3 years.
25 (d) Agency budget requests reflect the results and
26 recommendations of such program reviews.
27 (d)(e) Program decisions reinforce lead to the
28 distinctive roles established for state agencies that provide
29 aging services.
30 (6)(7) Advise the Governor and the Legislature, each
31 Cabinet member, the President of the Senate, the Speaker of
168
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 the House of Representatives, the minority leaders of the
2 House and Senate, and the chairpersons of appropriate House
3 and Senate committees regarding the need for and location of
4 programs related to aging.
5 (7)(8) Review and coordinate aging research plans of
6 all state agencies to ensure that the conformance of research
7 objectives address to issues and needs of the state's elderly
8 population addressed in the master plan for policies and
9 programs related to aging. The research activities that must
10 be reviewed and coordinated by the department include, but are
11 not limited to, contracts with academic institutions,
12 development of educational and training curriculums,
13 Alzheimer's disease and other medical research, studies of
14 long-term care and other personal assistance needs, and design
15 of adaptive or modified living environments.
16 (8)(9) Review budget requests for programs related to
17 aging to ensure the most cost-effective use of state funding
18 for the state's elderly population before for compliance with
19 the master plan for policies and programs related to aging
20 before submission to the Governor and the Legislature.
21 (10) Update the master plan for policies and programs
22 related to aging every 3 years.
23 (11) Review implementation of the master plan for
24 programs and policies related to aging and annually report to
25 the Governor, each Cabinet member, the President of the
26 Senate, the Speaker of the House of Representatives, the
27 minority leaders of the House and Senate, and the chairpersons
28 of appropriate House and Senate committees the progress
29 towards implementation of the plan.
30 (9)(12) Request other departments that administer
31 programs affecting the state's elderly population to amend
169
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 their plans, rules, policies, and research objectives as
2 necessary to ensure that programs and other initiatives are
3 coordinated and maximize the state's efforts to address the
4 needs of the elderly conform with the master plan for policies
5 and programs related to aging.
6 (10)(13) Hold public meetings regularly throughout the
7 state for purposes of receiving information and maximizing the
8 visibility of important issues relating to aging and the
9 elderly.
10 (11)(14) Conduct policy analysis and program
11 evaluation studies assigned by the Legislature.
12 (12)(15) Assist the Governor, each Cabinet member, and
13 members of the Legislature the President of the Senate, the
14 Speaker of the House of Representatives, the minority leaders
15 of the House and Senate, and the chairpersons of appropriate
16 House and Senate committees in the conduct of their
17 responsibilities in such capacities as they consider
18 appropriate.
19 (13)(16) Call upon appropriate agencies of state
20 government for such assistance as is needed in the discharge
21 of its duties. All agencies shall cooperate in assisting the
22 department in carrying out its responsibilities as prescribed
23 by this section. However, no provision of law with respect to
24 confidentiality of information may be violated.
25 Section 176. Subsections (3) and (8) of section
26 430.502, Florida Statutes, are amended to read:
27 430.502 Alzheimer's disease; memory disorder clinics
28 and day care and respite care programs.--
29 (3) The Alzheimer's Disease Advisory Committee shall
30 must evaluate and make recommendations to the department and
31 the Legislature concerning the need for additional memory
170
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 disorder clinics in the state. The first report will be due by
2 December 31, 1995.
3 (8) The department will implement the waiver program
4 specified in subsection (7). The agency and the department
5 shall ensure that providers are selected that have a history
6 of successfully serving persons with Alzheimer's disease. The
7 department and the agency shall develop specialized standards
8 for providers and services tailored to persons in the early,
9 middle, and late stages of Alzheimer's disease and designate a
10 level of care determination process and standard that is most
11 appropriate to this population. The department and the agency
12 shall include in the waiver services designed to assist the
13 caregiver in continuing to provide in-home care. The
14 department shall implement this waiver program subject to a
15 specific appropriation or as provided in the General
16 Appropriations Act. The department and the agency shall submit
17 their program design to the President of the Senate and the
18 Speaker of the House of Representatives for consultation
19 during the development process.
20 Section 177. Subsection (1) of section 430.707,
21 Florida Statutes, is amended to read:
22 430.707 Contracts.--
23 (1) The department, in consultation with the agency,
24 shall select and contract with managed care organizations and,
25 on a prepaid basis, with other qualified providers as defined
26 in s. 430.703(7) to provide long-term care within community
27 diversion pilot project areas. The agency shall evaluate and
28 report quarterly to the department the compliance by other
29 qualified providers with all the financial and quality
30 assurance requirements of the contract.
31
171
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 178. Paragraph (a) of subsection (3) and
2 paragraph (c) of subsection (4) of section 445.003, Florida
3 Statutes, are amended to read:
4 445.003 Implementation of the federal Workforce
5 Investment Act of 1998.--
6 (3) FUNDING.--
7 (a) Title I, Workforce Investment Act of 1998 funds;
8 Wagner-Peyser funds; and NAFTA/Trade Act funds will be
9 expended based on the 5-year plan of Workforce Florida, Inc.
10 The plan shall outline and direct the method used to
11 administer and coordinate various funds and programs that are
12 operated by various agencies. The following provisions shall
13 also apply to these funds:
14 1. At least 50 percent of the Title I funds for Adults
15 and Dislocated Workers that are passed through to regional
16 workforce boards shall be allocated to Individual Training
17 Accounts unless a regional workforce board obtains a waiver
18 from Workforce Florida, Inc. Tuition, fees, and
19 performance-based incentive awards paid in compliance with
20 Florida's Performance-Based Incentive Fund Program qualify as
21 an Individual Training Account expenditure, as do other
22 programs developed by regional workforce boards in compliance
23 with policies of Workforce Florida, Inc.
24 2. Fifteen percent of Title I funding shall be
25 retained at the state level and shall be dedicated to state
26 administration and used to design, develop, induce, and fund
27 innovative Individual Training Account pilots, demonstrations,
28 and programs. Of such funds retained at the state level, $2
29 million shall be reserved for the Incumbent Worker Training
30 Program, created under subparagraph 3. Eligible state
31 administration costs include the costs of: funding for the
172
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 board and staff of Workforce Florida, Inc.; operating fiscal,
2 compliance, and management accountability systems through
3 Workforce Florida, Inc.; conducting evaluation and research on
4 workforce development activities; and providing technical and
5 capacity building assistance to regions at the direction of
6 Workforce Florida, Inc. Notwithstanding s. 445.004, such
7 administrative costs shall not exceed 25 percent of these
8 funds. An amount not to exceed 75 percent of these funds shall
9 be allocated to Individual Training Accounts and other
10 workforce development strategies for: the Minority Teacher
11 Education Scholars program, the Certified Teacher-Aide
12 program, the Self-Employment Institute, and other training
13 designed and tailored by Workforce Florida, Inc., including,
14 but not limited to, programs for incumbent workers, displaced
15 homemakers, nontraditional employment, empowerment zones, and
16 enterprise zones. Workforce Florida, Inc., shall design,
17 adopt, and fund Individual Training Accounts for distressed
18 urban and rural communities.
19 3. The Incumbent Worker Training Program is created
20 for the purpose of providing grant funding for continuing
21 education and training of incumbent employees at existing
22 Florida businesses. The program will provide reimbursement
23 grants to businesses that pay for preapproved, direct,
24 training-related costs.
25 a. The Incumbent Worker Training Program will be
26 administered by Workforce Florida, Inc. Workforce Florida,
27 Inc., at its discretion, may contract with a private business
28 organization to serve as grant administrator.
29 b. To be eligible for the program's grant funding, a
30 business must have been in operation in Florida for a minimum
31 of 1 year prior to the application for grant funding; have at
173
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 least one full-time employee; demonstrate financial viability;
2 and be current on all state tax obligations. Priority for
3 funding shall be given to businesses with 25 employees or
4 fewer, businesses in rural areas, businesses in distressed
5 inner-city areas, businesses in a qualified targeted industry,
6 businesses whose grant proposals represent a significant
7 upgrade in employee skills, or businesses whose grant
8 proposals represent a significant layoff avoidance strategy.
9 c. All costs reimbursed by the program must be
10 preapproved by Workforce Florida, Inc., or the grant
11 administrator. The program will not reimburse businesses for
12 trainee wages, the purchase of capital equipment, or the
13 purchase of any item or service that may possibly be used
14 outside the training project. A business approved for a grant
15 may be reimbursed for preapproved, direct, training-related
16 costs including tuition and fees; books and classroom
17 materials; and overhead or indirect costs not to exceed 5
18 percent of the grant amount.
19 d. A business that is selected to receive grant
20 funding must provide a matching contribution to the training
21 project, including, but not limited to, wages paid to trainees
22 or the purchase of capital equipment used in the training
23 project; must sign an agreement with Workforce Florida, Inc.,
24 or the grant administrator to complete the training project as
25 proposed in the application; must keep accurate records of the
26 project's implementation process; and must submit monthly or
27 quarterly reimbursement requests with required documentation.
28 e. All Incumbent Worker Training Program grant
29 projects shall be performance-based with specific measurable
30 performance outcomes, including completion of the training
31 project and job retention. Workforce Florida, Inc., or the
174
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 grant administrator shall withhold the final payment to the
2 grantee until a final grant report is submitted and all
3 performance criteria specified in the grant contract have been
4 achieved.
5 f. Workforce Florida, Inc., may establish guidelines
6 necessary to implement the Incumbent Worker Training Program.
7 g. No more than 10 percent of the Incumbent Worker
8 Training Program's total appropriation may be used for
9 overhead or indirect purposes.
10 h. Workforce Florida, Inc., shall submit a report to
11 the Legislature on the financial and general operations of the
12 Incumbent Worker Training Program as part of its annual report
13 submitted pursuant to s. 445.004. Such report will be due
14 before October 1 of any fiscal year for which the program is
15 funded by the Legislature.
16 4. At least 50 percent of Rapid Response funding shall
17 be dedicated to Intensive Services Accounts and Individual
18 Training Accounts for dislocated workers and incumbent workers
19 who are at risk of dislocation. Workforce Florida, Inc., shall
20 also maintain an Emergency Preparedness Fund from Rapid
21 Response funds which will immediately issue Intensive Service
22 Accounts and Individual Training Accounts as well as other
23 federally authorized assistance to eligible victims of natural
24 or other disasters. At the direction of the Governor, for
25 events that qualify under federal law, these Rapid Response
26 funds shall be released to regional workforce boards for
27 immediate use. Funding shall also be dedicated to maintain a
28 unit at the state level to respond to Rapid Response
29 emergencies around the state, to work with state emergency
30 management officials, and to work with regional workforce
31 boards. All Rapid Response funds must be expended based on a
175
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 plan developed by Workforce Florida, Inc., and approved by the
2 Governor.
3 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
4 MODIFICATIONS.--
5 (c) Workforce Florida, Inc., may make modifications to
6 the state's plan, policies, and procedures to comply with
7 federally mandated requirements that in its judgment must be
8 complied with to maintain funding provided pursuant to Pub. L.
9 No. 105-220. The board shall notify in writing the Governor,
10 the President of the Senate, and the Speaker of the House of
11 Representatives within 30 days after any such changes or
12 modifications.
13 Section 179. Paragraph (a) of subsection (3) of
14 section 445.004, Florida Statutes, is amended to read:
15 445.004 Workforce Florida, Inc.; creation; purpose;
16 membership; duties and powers.--
17 (3)(a) Workforce Florida, Inc., shall be governed by a
18 board of directors, the number of directors to be determined
19 by the Governor, whose membership and appointment must be
20 consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
21 contain one member representing the licensed nonpublic
22 postsecondary educational institutions authorized as
23 individual training account providers, one member from the
24 staffing service industry, at least one member who is a
25 current or former recipient of welfare transition services as
26 defined in s. 445.002(3) or workforce services as provided in
27 s. 445.009(1), and five representatives of organized labor who
28 shall be appointed by the Governor. Notwithstanding s.
29 114.05(1)(f), the Governor may appoint remaining members to
30 Workforce Florida, Inc., from the current Workforce
31 Development Board and the WAGES Program State Board of
176
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Directors, established pursuant to chapter 96-175, Laws of
2 Florida, to serve on the reconstituted board. By July 1, 2000,
3 the Workforce Development Board will provide to the Governor a
4 transition plan to incorporate the changes required by this
5 act and Pub. L. No. 105-220, specifying the manner of changes
6 to the board. This plan shall govern the transition, unless
7 otherwise notified by the Governor. The importance of
8 minority, gender, and geographic representation shall be
9 considered when making appointments to the board.
10 Section 180. Subsection (1) and paragraph (a) of
11 subsection (6) of section 445.006, Florida Statutes, are
12 amended to read:
13 445.006 Strategic plan for workforce development.--
14 (1) Workforce Florida, Inc., in conjunction with state
15 and local partners in the workforce system, shall develop a
16 strategic plan for workforce, with the goal of producing
17 skilled employees for employers in the state. The strategic
18 plan shall be submitted to the Governor, the President of the
19 Senate, and the Speaker of the House of Representatives by
20 February 1, 2001. The strategic plan shall be updated or
21 modified by January 1 of each year thereafter. The plan must
22 include, but need not be limited to, strategies for:
23 (a) Fulfilling the workforce system goals and
24 strategies prescribed in s. 445.004;
25 (b) Aggregating, integrating, and leveraging workforce
26 system resources;
27 (c) Coordinating the activities of federal, state, and
28 local workforce system partners;
29 (d) Addressing the workforce needs of small
30 businesses; and
31
177
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (e) Fostering the participation of rural communities
2 and distressed urban cores in the workforce system.
3 (6)(a) The strategic plan must include strategies that
4 are designed to prevent or reduce the need for a person to
5 receive public assistance. These strategies must include:
6 1. A teen pregnancy prevention component that
7 includes, but is not limited to, a plan for implementing the
8 Florida Education Now and Babies Later (ENABL) program under
9 s. 411.242 and the Teen Pregnancy Prevention Community
10 Initiative within each county of the services area in which
11 the teen birth rate is higher than the state average;
12 2. A component that encourages creation of
13 community-based welfare prevention and reduction initiatives
14 that increase support provided by noncustodial parents to
15 their welfare-dependent children and are consistent with
16 program and financial guidelines developed by Workforce
17 Florida, Inc., and the Commission on Responsible Fatherhood.
18 These initiatives may include, but are not limited to,
19 improved paternity establishment, work activities for
20 noncustodial parents, programs aimed at decreasing
21 out-of-wedlock pregnancies, encouraging involvement of fathers
22 with their children including court-ordered supervised
23 visitation, and increasing child support payments;
24 3. A component that encourages formation and
25 maintenance of two-parent families through, among other
26 things, court-ordered supervised visitation;
27 4. A component that fosters responsible fatherhood in
28 families receiving assistance; and
29 5. A component that fosters provision of services that
30 reduce the incidence and effects of domestic violence on women
31 and children in families receiving assistance.
178
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 181. Subsection (4) of section 445.022,
2 Florida Statutes, is repealed.
3 Section 182. Subsection (9) of section 445.049,
4 Florida Statutes, is repealed.
5 Section 183. Section 446.27, Florida Statutes, is
6 repealed.
7 Section 184. Paragraphs (a) and (c) of subsection (4)
8 of section 446.50, Florida Statutes, are amended to read:
9 446.50 Displaced homemakers; multiservice programs;
10 report to the Legislature; Displaced Homemaker Trust Fund
11 created.--
12 (4) STATE PLAN.--
13 (a) The Agency for Workforce Innovation shall develop
14 a 3-year state plan for the displaced homemaker program which
15 shall be updated annually and submitted to the Legislature by
16 January 1. The plan must address, at a minimum, the need for
17 programs specifically designed to serve displaced homemakers,
18 any necessary service components for such programs in addition
19 to those enumerated in this section, goals of the displaced
20 homemaker program with an analysis of the extent to which
21 those goals are being met, and recommendations for ways to
22 address any unmet program goals. Any request for funds for
23 program expansion must be based on the state plan.
24 (c) The 3-year state plan must be submitted to the
25 President of the Senate, the Speaker of the House of
26 Representatives, and the Governor on or before January 1,
27 2001, and annual updates of the plan must be submitted by
28 January 1 of each subsequent year.
29 Section 185. Subsection (10) of section 446.609,
30 Florida Statutes, is amended to read:
31 446.609 Jobs for Florida's Graduates Act.--
179
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (10) ASSESSMENT OF PROGRAM RESULTS.--The success of
2 the Jobs for Florida's Graduates Program shall be assessed as
3 follows:
4 (a) No later than November 1 of each year of the Jobs
5 for Florida's Graduates Program, Jobs for America's Graduates,
6 Inc., shall conduct and deliver to the Office of Program
7 Policy Analysis and Government Accountability a full review
8 and report of the program's activities. The Office of Program
9 Policy Analysis and Government Accountability shall audit and
10 review the report and deliver the report, along with its
11 analysis and any recommendations for expansion, curtailment,
12 modification, or continuation, to the board not later than
13 December 31 of the same year.
14 (b) Beginning in the first year of the Jobs for
15 Florida's Graduates Program, the Office of Economic and
16 Demographic Research shall undertake, during the initial
17 phase, an ongoing longitudinal study of participants to
18 determine the overall efficacy of the program. The division
19 shall transmit its findings each year to the Office of Program
20 Policy Analysis and Government Accountability for inclusion in
21 the report provided for in paragraph (a).
22 Section 186. Section 455.204, Florida Statutes, is
23 repealed.
24 Section 187. Subsection (8) of section 455.2226,
25 Florida Statutes, is repealed.
26 Section 188. Subsection (6) of section 455.2228,
27 Florida Statutes, is repealed.
28 Section 189. Section 456.005, Florida Statutes, is
29 amended to read:
30 456.005 Long-range policy planning; plans, reports,
31 and recommendations.--To facilitate efficient and
180
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 cost-effective regulation, the department and the board, where
2 appropriate, shall develop and implement a long-range policy
3 planning and monitoring process to include recommendations
4 specific to each profession. Such process shall include
5 estimates of revenues, expenditures, cash balances, and
6 performance statistics for each profession. The period
7 covered shall not be less than 5 years. The department, with
8 input from the boards and licensees, shall develop and adopt
9 the long-range plan and must obtain the approval of the
10 secretary. The department shall monitor compliance with the
11 approved long-range plan and, with input from the boards and
12 licensees, shall annually update the plans for approval by the
13 secretary. The department shall provide concise management
14 reports to the boards quarterly. As part of the review
15 process, the department shall evaluate:
16 (1) Whether the department, including the boards and
17 the various functions performed by the department, is
18 operating efficiently and effectively and if there is a need
19 for a board or council to assist in cost-effective regulation.
20 (2) How and why the various professions are regulated.
21 (3) Whether there is a need to continue regulation,
22 and to what degree.
23 (4) Whether or not consumer protection is adequate,
24 and how it can be improved.
25 (5) Whether there is consistency between the various
26 practice acts.
27 (6) Whether unlicensed activity is adequately
28 enforced.
29
30 Such plans should include conclusions and recommendations on
31 these and other issues as appropriate. Such plans shall be
181
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 provided to the Governor and the Legislature by November 1 of
2 each year.
3 Section 190. Subsection (9) of section 456.025,
4 Florida Statutes, is amended to read:
5 456.025 Fees; receipts; disposition.--
6 (9) The department shall provide a condensed
7 management report of revenues and expenditures budgets,
8 finances, performance measures statistics, and recommendations
9 to each board at least once a quarter. The department shall
10 identify and include in such presentations any changes, or
11 projected changes, made to the board's budget since the last
12 presentation.
13 Section 191. Subsection (5) of section 456.031,
14 Florida Statutes, is repealed.
15 Section 192. Subsection (8) of section 456.033,
16 Florida Statutes, is repealed.
17 Section 193. Subsection (6) of section 456.034,
18 Florida Statutes, is repealed.
19 Section 194. Subsections (3) and (4) of section
20 517.302, Florida Statutes, are amended to read:
21 517.302 Criminal penalties; alternative fine;
22 Anti-Fraud Trust Fund; time limitation for criminal
23 prosecution.--
24 (3) In lieu of a fine otherwise authorized by law, a
25 person who has been convicted of or who has pleaded guilty or
26 no contest to having engaged in conduct in violation of the
27 provisions of this chapter may be sentenced to pay a fine that
28 does not exceed the greater of three times the gross value
29 gained or three times the gross loss caused by such conduct,
30 plus court costs and the costs of investigation and
31 prosecution reasonably incurred.
182
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (4)(a) There is created within the office a trust fund
2 to be known as the Anti-Fraud Trust Fund. Any amounts
3 assessed as costs of investigation and prosecution under this
4 subsection shall be deposited in the trust fund. Funds
5 deposited in such trust fund shall be used, when authorized by
6 appropriation, for investigation and prosecution of
7 administrative, civil, and criminal actions arising under the
8 provisions of this chapter. Funds may also be used to improve
9 the public's awareness and understanding of prudent investing.
10 (b) The office shall report to the Executive Office of
11 the Governor annually by November 15, the amounts deposited
12 into the Anti-Fraud Trust Fund during the previous fiscal
13 year. The Executive Office of the Governor shall distribute
14 these reports to the President of the Senate and the Speaker
15 of the House of Representatives.
16 (5)(4) Criminal prosecution for offenses under this
17 chapter is subject to the time limitations of s. 775.15.
18 Section 195. Section 526.3135, Florida Statutes, is
19 repealed.
20 Section 196. Subsection (3) of section 531.415,
21 Florida Statutes, is repealed.
22 Section 197. Section 553.975, Florida Statutes, is
23 repealed.
24 Section 198. Subsection (3) of section 570.0705,
25 Florida Statutes, is repealed.
26 Section 199. Subsection (5) of section 570.0725,
27 Florida Statutes, is repealed.
28 Section 200. Subsection (3) of section 570.235,
29 Florida Statutes, is repealed.
30 Section 201. Subsection (3) of section 570.543,
31 Florida Statutes, is repealed.
183
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 202. Subsection (5) of section 570.952,
2 Florida Statutes, is repealed.
3 Section 203. Section 603.204, Florida Statutes, is
4 amended to read:
5 603.204 South Florida Tropical Fruit Plan.--
6 (1) The Commissioner of Agriculture, in consultation
7 with the Tropical Fruit Advisory Council, shall develop and
8 update, at least 90 days prior to the 1991 legislative
9 session, submit to the President of the Senate, the Speaker of
10 the House of Representatives, and the chairs of appropriate
11 Senate and House of Representatives committees, a South
12 Florida Tropical Fruit Plan, which shall identify problems and
13 constraints of the tropical fruit industry, propose possible
14 solutions to such problems, and develop planning mechanisms
15 for orderly growth of the industry, including:
16 (1)(a) Criteria for tropical fruit research, service,
17 and management priorities.
18 (2)(b) Additional Proposed legislation that which may
19 be required.
20 (3)(c) Plans relating to other tropical fruit programs
21 and related disciplines in the State University System.
22 (4)(d) Potential tropical fruit products in terms of
23 market and needs for development.
24 (5)(e) Evaluation of production and fresh fruit policy
25 alternatives, including, but not limited to, setting minimum
26 grades and standards, promotion and advertising, development
27 of production and marketing strategies, and setting minimum
28 standards on types and quality of nursery plants.
29 (6)(f) Evaluation of policy alternatives for processed
30 tropical fruit products, including, but not limited to,
31
184
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 setting minimum quality standards and development of
2 production and marketing strategies.
3 (7)(g) Research and service priorities for further
4 development of the tropical fruit industry.
5 (8)(h) Identification of state agencies and public and
6 private institutions concerned with research, education,
7 extension, services, planning, promotion, and marketing
8 functions related to tropical fruit development, and
9 delineation of contributions and responsibilities. The
10 recommendations in the South Florida Tropical Fruit plan
11 relating to education or research shall be submitted to the
12 Institute of Food and Agricultural Sciences. The
13 recommendations relating to regulation or marketing shall be
14 submitted to the Department of Agriculture and Consumer
15 Services.
16 (9)(i) Business planning, investment potential,
17 financial risks, and economics of production and utilization.
18 (2) A revision and update of the South Florida
19 Tropical Fruit Plan shall be submitted biennially, and a
20 progress report and budget request shall be submitted
21 annually, to the officials specified in subsection (1).
22 Section 204. Paragraph (d) of subsection (6) of
23 section 627.351, Florida Statutes, is amended to read:
24 627.351 Insurance risk apportionment plans.--
25 (6) CITIZENS PROPERTY INSURANCE CORPORATION.--
26 (d)1. It is the intent of the Legislature that the
27 rates for coverage provided by the corporation be actuarially
28 sound and not competitive with approved rates charged in the
29 admitted voluntary market, so that the corporation functions
30 as a residual market mechanism to provide insurance only when
31 the insurance cannot be procured in the voluntary market.
185
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Rates shall include an appropriate catastrophe loading factor
2 that reflects the actual catastrophic exposure of the
3 corporation.
4 2. For each county, the average rates of the
5 corporation for each line of business for personal lines
6 residential policies excluding rates for wind-only policies
7 shall be no lower than the average rates charged by the
8 insurer that had the highest average rate in that county among
9 the 20 insurers with the greatest total direct written premium
10 in the state for that line of business in the preceding year,
11 except that with respect to mobile home coverages, the average
12 rates of the corporation shall be no lower than the average
13 rates charged by the insurer that had the highest average rate
14 in that county among the 5 insurers with the greatest total
15 written premium for mobile home owner's policies in the state
16 in the preceding year.
17 3. Rates for personal lines residential wind-only
18 policies must be actuarially sound and not competitive with
19 approved rates charged by authorized insurers. However, for
20 personal lines residential wind-only policies issued or
21 renewed between July 1, 2002, and June 30, 2003, the maximum
22 premium increase must be no greater than 10 percent of the
23 Florida Windstorm Underwriting Association premium for that
24 policy in effect on June 30, 2002, as adjusted for coverage
25 changes and seasonal occupancy surcharges. For personal lines
26 residential wind-only policies issued or renewed between July
27 1, 2003, and June 30, 2004, the corporation shall use its
28 existing filed and approved wind-only rating and
29 classification plans, provided, however, that the maximum
30 premium increase must be no greater than 20 percent of the
31 premium for that policy in effect on June 30, 2003, as
186
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 adjusted for coverage changes and seasonal occupancy
2 surcharges. Corporation rate manuals shall include a rate
3 surcharge for seasonal occupancy. To ensure that personal
4 lines residential wind-only rates effective on or after July
5 1, 2004, are not competitive with approved rates charged by
6 authorized insurers, the corporation, in conjunction with the
7 office, shall develop a wind-only ratemaking methodology,
8 which methodology shall be contained in a rate filing made by
9 the corporation with the office by January 1, 2004. If the
10 office thereafter determines that the wind-only rates or
11 rating factors filed by the corporation fail to comply with
12 the wind-only ratemaking methodology provided for in this
13 subsection, it shall so notify the corporation and require the
14 corporation to amend its rates or rating factors to come into
15 compliance within 90 days of notice from the office. The
16 office shall report to the Speaker of the House of
17 Representatives and the President of the Senate on the
18 provisions of the wind-only ratemaking methodology by January
19 31, 2004.
20 4. Rates for commercial lines coverage shall not be
21 subject to the requirements of subparagraph 2., but shall be
22 subject to all other requirements of this paragraph and s.
23 627.062.
24 5. Nothing in this paragraph shall require or allow
25 the corporation to adopt a rate that is inadequate under s.
26 627.062.
27 6. The corporation shall certify to the office at
28 least twice annually that its personal lines rates comply with
29 the requirements of subparagraphs 1. and 2. If any adjustment
30 in the rates or rating factors of the corporation is necessary
31 to ensure such compliance, the corporation shall make and
187
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 implement such adjustments and file its revised rates and
2 rating factors with the office. If the office thereafter
3 determines that the revised rates and rating factors fail to
4 comply with the provisions of subparagraphs 1. and 2., it
5 shall notify the corporation and require the corporation to
6 amend its rates or rating factors in conjunction with its next
7 rate filing. The office must notify the corporation by
8 electronic means of any rate filing it approves for any
9 insurer among the insurers referred to in subparagraph 2.
10 7. In addition to the rates otherwise determined
11 pursuant to this paragraph, the corporation shall impose and
12 collect an amount equal to the premium tax provided for in s.
13 624.509 to augment the financial resources of the corporation.
14 8.a. To assist the corporation in developing
15 additional ratemaking methods to assure compliance with
16 subparagraphs 1. and 4., the corporation shall appoint a rate
17 methodology panel consisting of one person recommended by the
18 Florida Association of Insurance Agents, one person
19 recommended by the Professional Insurance Agents of Florida,
20 one person recommended by the Florida Association of Insurance
21 and Financial Advisors, one person recommended by the insurer
22 with the highest voluntary market share of residential
23 property insurance business in the state, one person
24 recommended by the insurer with the second-highest voluntary
25 market share of residential property insurance business in the
26 state, one person recommended by an insurer writing commercial
27 residential property insurance in this state, one person
28 recommended by the Office of Insurance Regulation, and one
29 board member designated by the board chairman, who shall serve
30 as chairman of the panel.
31
188
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 b. By January 1, 2004, the rate methodology panel
2 shall provide a report to the corporation of its findings and
3 recommendations for the use of additional ratemaking methods
4 and procedures, including the use of a rate equalization
5 surcharge in an amount sufficient to assure that the total
6 cost of coverage for policyholders or applicants to the
7 corporation is sufficient to comply with subparagraph 1.
8 c. Within 30 days after such report, the corporation
9 shall present to the President of the Senate, the Speaker of
10 the House of Representatives, the minority party leaders of
11 each house of the Legislature, and the chairs of the standing
12 committees of each house of the Legislature having
13 jurisdiction of insurance issues, a plan for implementing the
14 additional ratemaking methods and an outline of any
15 legislation needed to facilitate use of the new methods.
16 d. The plan must include a provision that producer
17 commissions paid by the corporation shall not be calculated in
18 such a manner as to include any rate equalization surcharge.
19 However, without regard to the plan to be developed or its
20 implementation, producer commissions paid by the corporation
21 for each account, other than the quota share primary program,
22 shall remain fixed as to percentage, effective rate,
23 calculation, and payment method until January 1, 2004.
24 9. By January 1, 2004, the corporation shall develop a
25 notice to policyholders or applicants that the rates of
26 Citizens Property Insurance Corporation are intended to be
27 higher than the rates of any admitted carrier and providing
28 other information the corporation deems necessary to assist
29 consumers in finding other voluntary admitted insurers willing
30 to insure their property.
31
189
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 205. Subsection (6) of section 627.64872,
2 Florida Statutes, is amended to read:
3 627.64872 Florida Health Insurance Plan.--
4 (6) INTERIM REPORT; ANNUAL REPORT.--
5 (a) By no later than December 1, 2004, the board shall
6 report to the Governor, the President of the Senate, and the
7 Speaker of the House of Representatives the results of an
8 actuarial study conducted by the board to determine,
9 including, but not limited to:
10 1. The impact the creation of the plan will have on
11 the small group insurance market and the individual market on
12 premiums paid by insureds. This shall include an estimate of
13 the total anticipated aggregate savings for all small
14 employers in the state.
15 2. The number of individuals the pool could reasonably
16 cover at various funding levels, specifically, the number of
17 people the pool may cover at each of those funding levels.
18 3. A recommendation as to the best source of funding
19 for the anticipated deficits of the pool.
20 4. The effect on the individual and small group market
21 by including in the Florida Health Insurance Plan persons
22 eligible for coverage under s. 627.6487, as well as the cost
23 of including these individuals.
24
25 The board shall take no action to implement the Florida Health
26 Insurance Plan, other than the completion of the actuarial
27 study authorized in this paragraph, until funds are
28 appropriated for startup cost and any projected deficits.
29 (b) No later than December 1, 2005, and annually
30 thereafter, the board shall submit to the Governor, the
31 President of the Senate, the Speaker of the House of
190
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Representatives, and the substantive legislative committees of
2 the Legislature a report which includes an independent
3 actuarial study to determine, including, but not be limited
4 to:
5 (a)1. The impact the creation of the plan has on the
6 small group and individual insurance market, specifically on
7 the premiums paid by insureds. This shall include an estimate
8 of the total anticipated aggregate savings for all small
9 employers in the state.
10 (b)2. The actual number of individuals covered at the
11 current funding and benefit level, the projected number of
12 individuals that may seek coverage in the forthcoming fiscal
13 year, and the projected funding needed to cover anticipated
14 increase or decrease in plan participation.
15 (c)3. A recommendation as to the best source of
16 funding for the anticipated deficits of the pool.
17 (d)4. A summarization of the activities of the plan in
18 the preceding calendar year, including the net written and
19 earned premiums, plan enrollment, the expense of
20 administration, and the paid and incurred losses.
21 (e)5. A review of the operation of the plan as to
22 whether the plan has met the intent of this section.
23
24 The board shall take no action to implement the Florida Health
25 Insurance Plan, other than the completion of the actuarial
26 study authorized in this subsection, until funds are
27 appropriated for startup costs and any projected deficits.
28 Section 206. Subsection (2) of section 744.7021,
29 Florida Statutes, is amended to read:
30
31
191
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 744.7021 Statewide Public Guardianship Office.--There
2 is hereby created the Statewide Public Guardianship Office
3 within the Department of Elderly Affairs.
4 (2) The executive director shall, within available
5 resources, have oversight responsibilities for all public
6 guardians.
7 (a) The executive director shall review the current
8 public guardian programs in Florida and other states.
9 (b) The executive director, in consultation with local
10 guardianship offices, shall develop statewide performance
11 measures and standards.
12 (c) The executive director shall review the various
13 methods of funding guardianship programs, the kinds of
14 services being provided by such programs, and the demographics
15 of the wards. In addition, the executive director shall review
16 and make recommendations regarding the feasibility of
17 recovering a portion or all of the costs of providing public
18 guardianship services from the assets or income of the wards.
19 (d) By January 1, 2004, and by January 1 of each year
20 thereafter, the executive director shall provide a status
21 report and provide further recommendations to the secretary
22 that address the need for public guardianship services and
23 related issues.
24 (d)(e) The executive director may provide assistance
25 to local governments or entities in pursuing grant
26 opportunities. The executive director shall evaluate review
27 and make recommendations in the annual report on the
28 availability and efficacy of seeking Medicaid matching funds.
29 The executive director shall diligently seek ways to use
30 existing programs and services to meet the needs of public
31 wards.
192
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (e)(f) The executive director, in consultation with
2 the Florida Guardianship Foundation, shall develop a
3 guardianship training program curriculum that may be offered
4 to all guardians whether public or private.
5 (f) The executive director shall provide an annual
6 status report to the secretary which includes policy and
7 legislative recommendations relating to the provision of
8 public guardianship.
9 Section 207. Subsections (5) and (7) of section
10 744.708, Florida Statutes, are amended to read:
11 744.708 Reports and standards.--
12 (5) An independent audit of each public guardian
13 office by a qualified certified public accountant shall be
14 conducted by a qualified certified public accountant performed
15 at least every 2 years. The audit should include an
16 investigation into the practices of the office for managing
17 the person and property of the wards. A copy of the report
18 shall be submitted to the Statewide Public Guardianship
19 Office. In addition, the office of public guardian shall be
20 subject to audits or examinations by the Auditor General and
21 the Office of Program Policy Analysis and Government
22 Accountability pursuant to law.
23 (7) The ratio for professional staff to wards shall be
24 1 professional to 40 wards. The Statewide Public Guardianship
25 Office may increase or decrease the ratio after consultation
26 with the local public guardian and the chief judge of the
27 circuit court. The basis of the decision to increase or
28 decrease the prescribed ratio shall be reported in the annual
29 report to the Governor, the President of the Senate, the
30 Speaker of the House of Representatives, and the Chief Justice
31 of the Supreme Court.
193
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 208. Subsection (3) of section 765.5215,
2 Florida Statutes, is repealed.
3 Section 209. Subsection (6) of section 768.295,
4 Florida Statutes, is amended to read:
5 768.295 Strategic Lawsuits Against Public
6 Participation (SLAPP) suits by governmental entities
7 prohibited.--
8 (6) In any case filed by a governmental entity which
9 is found by a court to be in violation of this section, the
10 governmental entity shall report such finding and provide a
11 copy of the court's order to the Attorney General no later
12 than 30 days after such order is final. The Attorney General
13 shall maintain a record of such court orders report any
14 violation of this section by a governmental entity to the
15 Cabinet, the President of the Senate, and the Speaker of the
16 House of Representatives. A copy of such report shall be
17 provided to the affected governmental entity.
18 Section 210. Paragraph (c) of subsection (3) of
19 section 775.084, Florida Statutes, is amended to read:
20 775.084 Violent career criminals; habitual felony
21 offenders and habitual violent felony offenders; three-time
22 violent felony offenders; definitions; procedure; enhanced
23 penalties or mandatory minimum prison terms.--
24 (3)
25 (c) In a separate proceeding, the court shall
26 determine whether the defendant is a violent career criminal
27 with respect to a primary offense committed on or after
28 October 1, 1995. The procedure shall be as follows:
29 1. Written notice shall be served on the defendant and
30 the defendant's attorney a sufficient time prior to the entry
31 of a plea or prior to the imposition of sentence in order to
194
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 allow the preparation of a submission on behalf of the
2 defendant.
3 2. All evidence presented shall be presented in open
4 court with full rights of confrontation, cross-examination,
5 and representation by counsel.
6 3. Each of the findings required as the basis for such
7 sentence shall be found to exist by a preponderance of the
8 evidence and shall be appealable only as provided in paragraph
9 (d).
10 4. For the purpose of identification, the court shall
11 fingerprint the defendant pursuant to s. 921.241.
12 5. For an offense committed on or after October 1,
13 1995, if the state attorney pursues a violent career criminal
14 sanction against the defendant and the court, in a separate
15 proceeding pursuant to this paragraph, determines that the
16 defendant meets the criteria under subsection (1) for imposing
17 such sanction, the court must sentence the defendant as a
18 violent career criminal, subject to imprisonment pursuant to
19 this section unless the court finds that such sentence is not
20 necessary for the protection of the public. If the court
21 finds that it is not necessary for the protection of the
22 public to sentence the defendant as a violent career criminal,
23 the court shall provide written reasons; a written transcript
24 of orally stated reasons is permissible, if filed by the court
25 within 7 days after the date of sentencing. Each month, the
26 court shall submit to the Office of Economic and Demographic
27 Research of the Legislature the written reasons or transcripts
28 in each case in which the court determines not to sentence a
29 defendant as a violent career criminal as provided in this
30 subparagraph.
31
195
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 211. Subsection (8) of section 790.22, Florida
2 Statutes, is amended to read:
3 790.22 Use of BB guns, air or gas-operated guns, or
4 electric weapons or devices by minor under 16; limitation;
5 possession of firearms by minor under 18 prohibited;
6 penalties.--
7 (8) Notwithstanding s. 985.213 or s. 985.215(1), if a
8 minor under 18 years of age is charged with an offense that
9 involves the use or possession of a firearm, as defined in s.
10 790.001, including a violation of subsection (3), or is
11 charged for any offense during the commission of which the
12 minor possessed a firearm, the minor shall be detained in
13 secure detention, unless the state attorney authorizes the
14 release of the minor, and shall be given a hearing within 24
15 hours after being taken into custody. At the hearing, the
16 court may order that the minor continue to be held in secure
17 detention in accordance with the applicable time periods
18 specified in s. 985.215(5), if the court finds that the minor
19 meets the criteria specified in s. 985.215(2), or if the court
20 finds by clear and convincing evidence that the minor is a
21 clear and present danger to himself or herself or the
22 community. The Department of Juvenile Justice shall prepare a
23 form for all minors charged under this subsection that states
24 the period of detention and the relevant demographic
25 information, including, but not limited to, the sex, age, and
26 race of the minor; whether or not the minor was represented by
27 private counsel or a public defender; the current offense; and
28 the minor's complete prior record, including any pending
29 cases. The form shall be provided to the judge to be
30 considered when determining whether the minor should be
31 continued in secure detention under this subsection. An order
196
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 placing a minor in secure detention because the minor is a
2 clear and present danger to himself or herself or the
3 community must be in writing, must specify the need for
4 detention and the benefits derived by the minor or the
5 community by placing the minor in secure detention, and must
6 include a copy of the form provided by the department. The
7 Department of Juvenile Justice must send the form, including a
8 copy of any order, without client-identifying information, to
9 the Office of Economic and Demographic Research.
10 Section 212. Paragraph (b) of subsection (9) of
11 section 932.7055, Florida Statutes, is repealed.
12 Section 213. Subsection (3) of section 943.08, Florida
13 Statutes, is repealed.
14 Section 214. Subsection (2) of section 943.125,
15 Florida Statutes, is repealed.
16 Section 215. Subsection (9) of section 943.68, Florida
17 Statutes, is amended to read:
18 943.68 Transportation and protective services.--
19 (9) The department shall submit reports annually on
20 July 15 and January 15 of each year to the President of the
21 Senate, Speaker of the House of Representatives, Governor, the
22 Legislature, and members of the Cabinet, detailing all
23 transportation and protective services provided under
24 subsections (1), (5), and (6) within the preceding fiscal year
25 6 months. Each report shall include a detailed accounting of
26 the cost of such transportation and protective services,
27 including the names of persons provided such services and the
28 nature of state business performed.
29 Section 216. Section 944.023, Florida Statutes, is
30 amended to read:
31
197
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 944.023 Institutional capacity Comprehensive
2 correctional master plan.--
3 (1) As used in this section and s. 944.0231, the term:
4 (a) "Criminal Justice Estimating Conference" means the
5 Criminal Justice Estimating Conference referred to in s.
6 216.136 s. 216.136(5).
7 (b) "Total capacity" of the state correctional system
8 means the total design capacity of all institutions and
9 facilities in the state correctional system, which may include
10 those facilities authorized and funded under chapter 957,
11 increased by one-half, with the following exceptions:
12 1. Medical and mental health beds must remain at
13 design capacity.
14 2. Community-based contracted beds must remain at
15 design capacity.
16 3. The one-inmate-per-cell requirement at Florida
17 State Prison and other maximum security facilities must be
18 maintained pursuant to paragraph (3)(a) (7)(a).
19 4. Community correctional centers and drug treatment
20 centers must be increased by one-third.
21 5. A housing unit may not exceed its maximum capacity
22 pursuant to paragraphs (3)(a) (7)(a) and (b).
23 6. A number of beds equal to 5 percent of total
24 capacity shall be deducted for management beds at
25 institutions.
26 (c) "State correctional system" means the correctional
27 system as defined in s. 944.02.
28 (2) The department shall develop a comprehensive
29 correctional master plan. The master plan shall project the
30 needs for the state correctional system for the coming 5-year
31 period and shall be updated annually and submitted to the
198
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Governor's office and the Legislature at the same time the
2 department submits its legislative budget request as provided
3 in chapter 216.
4 (3) The purposes of the comprehensive correctional
5 master plan shall be:
6 (a) To ensure that the penalties of the criminal
7 justice system are completely and effectively administered to
8 the convicted criminals and, to the maximum extent possible,
9 that the criminal is provided opportunities for
10 self-improvement and returned to freedom as a productive
11 member of society.
12 (b) To the extent possible, to protect the public
13 safety and the law-abiding citizens of this state and to carry
14 out the laws protecting the rights of the victims of convicted
15 criminals.
16 (c) To develop and maintain a humane system of
17 punishment providing prison inmates with proper housing,
18 nourishment, and medical attention.
19 (d) To provide fair and adequate compensation and
20 benefits to the employees of the state correctional system.
21 (e) To the extent possible, to maximize the effective
22 and efficient use of the principles used in private business.
23 (f) To provide that convicted criminals not be
24 incarcerated for any longer period of time or in any more
25 secure facility than is necessary to ensure adequate
26 sanctions, rehabilitation of offenders, and protection of
27 public safety.
28 (4) The comprehensive correctional master plan shall
29 use the estimates of the Criminal Justice Estimating
30 Conference and shall include:
31
199
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (a) A plan for the decentralization of reception and
2 classification facilities for the implementation of a
3 systemwide diagnosis-and-evaluation capability for adult
4 offenders. The plan shall provide for a system of
5 psychological testing and evaluation as well as medical
6 screening through department resources or with other public or
7 private agencies through a purchase-of-services agreement.
8 (b) A plan developed by the department for the
9 comprehensive vocational and educational training of, and
10 treatment programs for, offenders and their evaluation within
11 each institution, program, or facility of the department,
12 based upon the identified needs of the offender and the
13 requirements of the employment market.
14 (c) A plan contracting with local facilities and
15 programs as short-term confinement resources of the department
16 for offenders who are sentenced to 3 years or less, or who are
17 within 3 years or less of their anticipated release date, and
18 integration of detention services which have community-based
19 programs. The plan shall designate such facilities and
20 programs by region of the state and identify, by county, the
21 capability for local incarceration.
22 (d) A detailed analysis of methods to implement
23 diversified alternatives to institutionalization when such
24 alternatives can be safely employed. The analysis shall
25 include an assessment of current pretrial intervention,
26 probation, and community control alternatives and their
27 cost-effectiveness with regard to restitution to victims,
28 reimbursements for cost of supervision, and subsequent
29 violations resulting in commitments to the department. Such
30 analysis shall also include an assessment of current use of
31 electronic surveillance of offenders and projected potential
200
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 for diverting additional categories of offenders from
2 incarceration within the department.
3 (e) A detailed analysis of current incarceration rates
4 of both the state and county correctional systems with the
5 calculation by the department of the current and projected
6 ratios of inmates in the correctional system, as defined in s.
7 945.01, to the general population of the state which will
8 serve as a basis for projecting construction needs.
9 (f) A plan for community-based facilities and programs
10 for the reintegration of offenders into society whereby
11 inmates who are being released shall receive assistance. Such
12 assistance may be through work-release, transition assistance,
13 release assistance stipend, contract release, postrelease
14 special services, temporary housing, or job placement
15 programs.
16 (g) A plan reflecting parity of pay or comparable
17 economic benefits for correctional officers with that of law
18 enforcement officers in this state, and an assessment of
19 projected impacts on turnover rates within the department.
20 (h) A plan containing habitability criteria which
21 defines when beds are available and functional for use by
22 inmates, and containing factors which define when institutions
23 and facilities may be added to the inventory of the state
24 correctional system.
25 (5) The comprehensive correctional master plan shall
26 project by year the total operating and capital outlay costs
27 necessary for constructing a sufficient number of prison beds
28 to avoid a deficiency in prison beds. Included in the master
29 plan which projects operating and capital outlay costs shall
30 be a siting plan which shall assess, rank, and designate
31 appropriate sites pursuant to s. 944.095(2)(a)-(k). The
201
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 master plan shall include an assessment of the department's
2 current capability for providing the degree of security
3 necessary to ensure public safety and should reflect the
4 levels of security needed for the forecasted admissions of
5 various types of offenders based upon sentence lengths and
6 severity of offenses. The plan shall also provide
7 construction options for targeting violent and habitual
8 offenders for incarceration while providing specific
9 alternatives for the various categories of lesser offenders.
10 (2)(6) Institutions within the state correctional
11 system shall have the following design capacity factors:
12 (a) Rooms and prison cells between 40 square feet and
13 90 square feet, inclusive: one inmate per room or prison
14 cell.
15 (b) Dormitory-style rooms and other rooms exceeding 90
16 square feet: one inmate per 55 square feet.
17 (c) At institutions with rooms or cells, except to the
18 extent that separate confinement cells have been constructed,
19 a number of rooms or prison cells equal to 3 percent of total
20 design capacity must be deducted from design capacity and set
21 aside for confinement purposes.
22 (d) Bed count calculations used to determine design
23 capacity shall only include beds which are functional and
24 available for use by inmates.
25 (3)(7) Institutions within the state correctional
26 system shall have the following maximum capacity factors:
27 (a) Rooms and prison cells between 40 square feet and
28 60 square feet, inclusive: one inmate per room or cell. If
29 the room or prison cell is between 60 square feet and 90
30 square feet, inclusive, two inmates are allowed in each room,
31 except that one inmate per room or prison cell is allowed at
202
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Florida State Prison or any other maximum security institution
2 or facility which may be constructed.
3 (b) Dormitory-style rooms and other rooms exceeding 90
4 square feet: one inmate per 37.5 square feet. Double-bunking
5 is generally allowed only along the outer walls of a
6 dormitory.
7 (c) At institutions with rooms or cells, except to the
8 extent that separate confinement cells have been constructed,
9 a number of rooms or prison cells equal to 3 percent of total
10 maximum capacity are not available for maximum capacity, and
11 must be set aside for confinement purposes, thereby reducing
12 maximum capacity by 6 percent since these rooms would
13 otherwise house two inmates.
14 (d) A number of beds equal to 5 percent of total
15 maximum capacity must be deducted for management at
16 institutions.
17 Section 217. Paragraph (f) of subsection (3) of
18 section 944.801, Florida Statutes, is amended to read:
19 944.801 Education for state prisoners.--
20 (3) The responsibilities of the Correctional Education
21 Program shall be to:
22 (f) Report annual activities to the Secretary of
23 Corrections, the Commissioner of Education, the Governor, and
24 the Legislature.
25 Section 218. Subsection (10) of section 945.35,
26 Florida Statutes, is repealed.
27 Section 219. Paragraph (d) of subsection (8) of
28 section 948.10, Florida Statutes, is repealed.
29 Section 220. Subsection (9) of section 958.045,
30 Florida Statutes, is repealed.
31
203
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 221. Paragraph (c) of subsection (1) of
2 section 960.045, Florida Statutes, is amended to read:
3 960.045 Department of Legal Affairs; powers and
4 duties.--It shall be the duty of the department to assist
5 persons who are victims of crime.
6 (1) The department shall:
7 (c) Prepare an annual Render, prior to January 1 of
8 each year, to the presiding officers of the Senate and House
9 of Representatives a written report of the activities of the
10 Crime Victims' Services Office, which shall be available on
11 the department's Internet website.
12 Section 222. Paragraph (c) of subsection (8) of
13 section 985.02, Florida Statutes, is repealed.
14 Section 223. Subsections (3), (4), and (5) of section
15 985.08, Florida Statutes, are amended to read:
16 985.08 Information systems.--
17 (3) In order to assist in the integration of the
18 information to be shared, the sharing of information obtained,
19 the joint planning on diversion and early intervention
20 strategies for juveniles at risk of becoming serious habitual
21 juvenile offenders, and the intervention strategies for
22 serious habitual juvenile offenders, a multiagency task force
23 should be organized and utilized by the law enforcement agency
24 or county in conjunction with the initiation of the
25 information system described in subsections (1) and (2). The
26 multiagency task force shall be composed of representatives of
27 those agencies and persons providing information for the
28 central identification file and the multiagency information
29 sheet.
30 (4) This multiagency task force shall develop a plan
31 for the information system that includes measures which
204
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 identify and address any disproportionate representation of
2 ethnic or racial minorities in the information systems and
3 shall develop strategies that address the protection of
4 individual constitutional rights.
5 (3)(5) Any law enforcement agency, or county which
6 implements a juvenile offender information system and the
7 multiagency task force which maintain the information system
8 must annually provide any information gathered during the
9 previous year to the delinquency and gang prevention council
10 of the judicial circuit in which the county is located. This
11 information shall include the number, types, and patterns of
12 delinquency tracked by the juvenile offender information
13 system.
14 Section 224. Subsections (2) and (3) of section
15 985.3045, Florida Statutes, are amended to read:
16 985.3045 Prevention service program; monitoring;
17 report; uniform performance measures.--
18 (2) No later than January 31, 2001, the prevention
19 service program shall submit a report to the Governor, the
20 Speaker of the House, and the President of the Senate
21 concerning the implementation of a statewide multiagency plan
22 to coordinate the efforts of all state-funded programs,
23 grants, appropriations, or activities that are designed to
24 prevent juvenile crime, delinquency, gang membership, or
25 status offense behaviors and all state-funded programs,
26 grants, appropriations, or activities that are designed to
27 prevent a child from becoming a "child in need of services,"
28 as defined in chapter 984. The report shall include a
29 proposal for a statewide coordinated multiagency juvenile
30 delinquency prevention policy. In preparing the report, the
31 department shall coordinate with and receive input from each
205
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 state agency or entity that receives or uses state
2 appropriations to fund programs, grants, appropriations, or
3 activities that are designed to prevent juvenile crime,
4 delinquency, gang membership, status offense, or that are
5 designed to prevent a child from becoming a "child in need of
6 services," as defined in chapter 984. The report shall
7 identify whether legislation will be needed to effect a
8 statewide plan to coordinate the efforts of all state-funded
9 programs, grants, appropriations, or activities that are
10 designed to prevent juvenile crime, delinquency, gang
11 membership, or status offense behaviors and all state-funded
12 programs, grants, appropriations, or activities that are
13 designed to prevent a child from becoming a "child in need of
14 services," as defined in chapter 984. The report shall
15 consider the potential impact of requiring such state-funded
16 efforts to target at least one of the following strategies
17 designed to prevent youth from entering or reentering the
18 juvenile justice system and track the associated outcome data:
19 (a) Encouraging youth to attend school, which may
20 include special assistance and tutoring to address
21 deficiencies in academic performance; outcome data to reveal
22 the number of days youth attended school while participating
23 in the program.
24 (b) Engaging youth in productive and wholesome
25 activities during nonschool hours that build positive
26 character or instill positive values, or that enhance
27 educational experiences; outcome data to reveal the number of
28 youth who are arrested during nonschool hours while
29 participating in the program.
30 (c) Encouraging youth to avoid the use of violence;
31 outcome data to reveal the number of youth who are arrested
206
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 for crimes involving violence while participating in the
2 program.
3 (d) Assisting youth to acquire skills needed to find
4 meaningful employment, which may include assistance in finding
5 a suitable employer for the youth; outcome data to reveal the
6 number of youth who obtain and maintain employment for at
7 least 180 days.
8
9 The department is encouraged to identify additional strategies
10 which may be relevant to preventing youth from becoming
11 children in need of services and to preventing juvenile crime,
12 delinquency, gang membership and status offense behaviors.
13 The report shall consider the feasibility of developing
14 uniform performance measures and methodology for collecting
15 such outcome data to be utilized by all state-funded programs,
16 grants, appropriations, or activities that are designed to
17 prevent juvenile crime, delinquency, gang membership, or
18 status offense behaviors and all state-funded programs,
19 grants, appropriations, or activities that are designed to
20 prevent a child from becoming a "child in need of services,"
21 as defined in chapter 984. The prevention service program is
22 encouraged to identify other issues that may be of critical
23 importance to preventing a child from becoming a child in need
24 of services, as defined in chapter 984, or to preventing
25 juvenile crime, delinquency, gang membership, or status
26 offense behaviors.
27 (2)(3) The department shall expend funds related to
28 the prevention of juvenile delinquency in a manner consistent
29 with the policies expressed in ss. 984.02 and 985.02. The
30 department shall expend said funds in a manner that maximizes
31
207
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 public accountability and ensures the documentation of
2 outcomes.
3 (a) All entities that receive or use state moneys to
4 fund juvenile delinquency prevention services through
5 contracts or grants with the department shall design the
6 programs providing such services to further one or more of the
7 strategies specified in paragraphs (2)(a)-(d).
8 (b) The department shall develop an outcome measure
9 for each program strategy specified in paragraphs (2)(a)-(d)
10 that logically relates to the risk factor addressed by the
11 strategy.
12 (c) All entities that receive or use state moneys to
13 fund the juvenile delinquency prevention services through
14 contracts or grants with the department shall, as a condition
15 of receipt of state funds, provide the department with
16 personal demographic information concerning all participants
17 in the service sufficient to allow the department to verify
18 criminal or delinquent history information, school attendance
19 or academic information, employment information, or other
20 requested performance information.
21 Section 225. Section 985.3046, Florida Statutes, is
22 repealed.
23 Section 226. Subsection (5) of section 985.305,
24 Florida Statutes, is repealed.
25 Section 227. Subsection (9) of section 985.309,
26 Florida Statutes, is amended to read:
27 985.309 Boot camp for children.--
28 (9) If a department-operated boot camp fails to pass
29 the department's quarterly inspection and evaluation, the
30 department must take necessary and sufficient steps to ensure
31 and document program changes to achieve compliance with
208
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 department rules. If the department-operated boot camp fails
2 to achieve compliance with department rules within 3 months
3 and if there are no documented extenuating circumstances, the
4 department may take must notify the Executive Office of the
5 Governor and the Legislature of the corrective action taken.
6 Appropriate corrective action may include, but is not limited
7 to:
8 (a) Contracting out for the operation of the boot
9 camp;
10 (b) Initiating appropriate disciplinary action against
11 all employees whose conduct or performance is deemed to have
12 materially contributed to the program's failure to meet
13 department rules;
14 (c) Redesigning the program; or
15 (d) Realigning the program.
16 Section 228. Paragraph (a) of subsection (1) of
17 section 985.31, Florida Statutes, is amended to read:
18 985.31 Serious or habitual juvenile offender.--
19 (1) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to
20 the provisions of this chapter and the establishment of
21 appropriate program guidelines and standards, contractual
22 instruments, which shall include safeguards of all
23 constitutional rights, shall be developed as follows:
24 (a) The department shall provide for:
25 1. The oversight of implementation of assessment and
26 treatment approaches.
27 2. The identification and prequalification of
28 appropriate individuals or not-for-profit organizations,
29 including minority individuals or organizations when possible,
30 to provide assessment and treatment services to serious or
31 habitual delinquent children.
209
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 3. The monitoring and evaluation of assessment and
2 treatment services for compliance with the provisions of this
3 chapter and all applicable rules and guidelines pursuant
4 thereto.
5 4. The development of an annual report on the
6 performance of assessment and treatment to be presented to the
7 Governor, the Attorney General, the President of the Senate,
8 the Speaker of the House of Representatives, and the Auditor
9 General no later than January 1 of each year.
10 Section 229. Paragraph (a) of subsection (1) of
11 section 985.311, Florida Statutes, is amended to read:
12 985.311 Intensive residential treatment program for
13 offenders less than 13 years of age.--
14 (1) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to
15 the provisions of this chapter and the establishment of
16 appropriate program guidelines and standards, contractual
17 instruments, which shall include safeguards of all
18 constitutional rights, shall be developed for intensive
19 residential treatment programs for offenders less than 13
20 years of age as follows:
21 (a) The department shall provide for:
22 1. The oversight of implementation of assessment and
23 treatment approaches.
24 2. The identification and prequalification of
25 appropriate individuals or not-for-profit organizations,
26 including minority individuals or organizations when possible,
27 to provide assessment and treatment services to intensive
28 offenders less than 13 years of age.
29 3. The monitoring and evaluation of assessment and
30 treatment services for compliance with the provisions of this
31
210
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 chapter and all applicable rules and guidelines pursuant
2 thereto.
3 4. The development of an annual report on the
4 performance of assessment and treatment to be presented to the
5 Governor, the Attorney General, the President of the Senate,
6 the Speaker of the House of Representatives, the Auditor
7 General, and the Office of Program Policy Analysis and
8 Government Accountability no later than January 1 of each
9 year.
10 Section 230. Subsection (1) of section 985.3155,
11 Florida Statutes, is amended to read:
12 985.3155 Multiagency plan for vocational education.--
13 (1) The Department of Juvenile Justice and the
14 Department of Education shall, in consultation with the
15 statewide Workforce Development Youth Council, school
16 districts, providers, and others, jointly develop a
17 multiagency plan for vocational education that establishes the
18 curriculum, goals, and outcome measures for vocational
19 programs in juvenile commitment facilities. The plan must
20 include:
21 (a) Provisions for maximizing appropriate state and
22 federal funding sources, including funds under the Workforce
23 Investment Act and the Perkins Act;
24 (b) The responsibilities of both departments and all
25 other appropriate entities; and
26 (c) A detailed implementation schedule.
27
28 The plan must be submitted to the Governor, the President of
29 the Senate, and the Speaker of the House of Representatives by
30 May 1, 2001.
31
211
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 231. Section 985.403, Florida Statutes, is
2 repealed.
3 Section 232. Subsection (7) of section 985.412,
4 Florida Statutes, is repealed.
5 Section 233. Subsections (3) and (4) of section
6 1001.02, Florida Statutes, are repealed.
7 Section 234. Subsection (14) of section 1001.03,
8 Florida Statutes, is repealed.
9 Section 235. Subsection (19) of section 1002.34,
10 Florida Statutes, is repealed.
11 Section 236. Subsection (4) of section 1003.492,
12 Florida Statutes, is repealed.
13 Section 237. Subsection (4) of section 1003.61,
14 Florida Statutes, is repealed.
15 Section 238. Subsections (5) through (13) of section
16 1004.22, Florida Statutes, are amended to read:
17 1004.22 Divisions of sponsored research at state
18 universities.--
19 (5) Moneys deposited in the permanent sponsored
20 research development fund of a university shall be disbursed
21 in accordance with the terms of the contract, grant, or
22 donation under which they are received. Moneys received for
23 overhead or indirect costs and other moneys not required for
24 the payment of direct costs shall be applied to the cost of
25 operating the division of sponsored research. Any surplus
26 moneys shall be used to support other research or sponsored
27 training programs in any area of the university.
28 Transportation and per diem expense allowances shall be the
29 same as those provided by law in s. 112.061, except that
30 personnel performing travel under a sponsored research
31 subcontract may be reimbursed for travel expenses in
212
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 accordance with the provisions of the applicable prime
2 contract or grant and the travel allowances established by the
3 subcontractor, subject to the requirements of subsection (6)
4 (7), or except as provided in subsection (10) (11).
5 (6)(a) Each university shall submit to the State Board
6 of Education a report of the activities of each division of
7 sponsored research together with an estimated budget for the
8 next fiscal year.
9 (b) Not less than 90 days prior to the convening of
10 each regular session of the Legislature in which an
11 appropriation shall be made, the State Board of Education
12 shall submit to the chair of the appropriations committee of
13 each house of the Legislature a compiled report, together with
14 a compiled estimated budget for the next fiscal year. A copy
15 of such report and estimated budget shall be furnished to the
16 Governor, as the chief budget officer of the state.
17 (6)(7) All purchases of a division of sponsored
18 research shall be made in accordance with the policies and
19 procedures of the university; however, upon certification
20 addressed to the university president that it is necessary for
21 the efficient or expeditious prosecution of a research
22 project, the president may exempt the purchase of material,
23 supplies, equipment, or services for research purposes from
24 the general purchasing requirement of the Florida Statutes.
25 (7)(8) The university may authorize the construction,
26 alteration, or remodeling of buildings when the funds used are
27 derived entirely from the sponsored research development fund
28 of a university or from that fund in combination with other
29 nonstate sources, provided that such construction, alteration,
30 or remodeling is for use exclusively in the area of research;
31 it also may authorize the acquisition of real property when
213
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 the cost is entirely from said funds. Title to all real
2 property purchased prior to January 7, 2003, or with funds
3 appropriated by the Legislature shall vest in the Board of
4 Trustees of the Internal Improvement Trust Fund and shall only
5 be transferred or conveyed by it.
6 (8)(9) The sponsored research programs of the
7 Institute of Food and Agricultural Sciences, the University of
8 Florida Health Science Center, and the engineering and
9 industrial experiment station shall continue to be centered at
10 the University of Florida as heretofore provided by law.
11 Indirect cost reimbursements of all grants deposited in the
12 Division of Sponsored Research shall be distributed directly
13 to the above units in direct proportion to the amounts earned
14 by each unit.
15 (9)(10) The operation of the divisions of sponsored
16 research and the conduct of the sponsored research program are
17 expressly exempted from the provisions of any other laws or
18 portions of laws in conflict herewith and are, subject to the
19 requirements of subsection (6) (7), exempted from the
20 provisions of chapters 215, 216, and 283.
21 (10)(11) The divisions of sponsored research may pay,
22 by advancement or reimbursement, or a combination thereof, the
23 costs of per diem of university employees and of other
24 authorized persons, as defined in s. 112.061(2)(e), for
25 foreign travel up to the current rates as stated in the grant
26 and contract terms and may also pay incidental expenses as
27 authorized by s. 112.061(8). This subsection applies to any
28 university employee traveling in foreign countries for
29 sponsored programs of the university, if such travel expenses
30 are approved in the terms of the contract or grant. The
31 provisions of s. 112.061, other than those relating to per
214
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 diem, apply to the travel described in this subsection. As
2 used in this subsection, "foreign travel" means any travel
3 outside the United States and its territories and possessions
4 and Canada. Persons traveling in foreign countries pursuant
5 to this section shall not be entitled to reimbursements or
6 advancements pursuant to s. 112.061(6)(a)2. for such travel.
7 (11)(12) Each division of sponsored research is
8 authorized to advance funds to any principal investigator who,
9 under the contract or grant terms, will be performing a
10 portion of his or her research at a site that is remote from
11 the university. Funds shall be advanced only to employees who
12 have executed a proper power of attorney with the university
13 to ensure the proper collection of such advanced funds if it
14 becomes necessary. As used in this subsection, the term
15 "remote" means so far removed from the university as to render
16 normal purchasing and payroll functions ineffective.
17 (12)(13) Each university board of trustees is
18 authorized to adopt rules, as necessary, to administer this
19 section.
20 Section 239. Subsection (6) of section 1004.50,
21 Florida Statutes, is repealed.
22 Section 240. Subsections (2) and (4) of section
23 1004.94, Florida Statutes, are repealed.
24 Section 241. Subsection (4) of section 1004.95,
25 Florida Statutes, is amended to read:
26 1004.95 Adult literacy centers.--
27 (4) The State Board of Education shall develop rules
28 for implementing this section, including criteria for
29 evaluating the performance of the centers, and shall submit an
30 evaluation report of the centers to the Legislature on or
31 before February 1 of each year.
215
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 242. Section 1006.0605, Florida Statutes, is
2 repealed.
3 Section 243. Section 1006.67, Florida Statutes, is
4 repealed.
5 Section 244. Subsection (11) of section 1007.27,
6 Florida Statutes, is repealed.
7 Section 245. Subsection (8) of section 1009.70,
8 Florida Statutes, is amended to read:
9 1009.70 Florida Education Fund.--
10 (8) There is created a legal education component of
11 the Florida Education Fund to provide the opportunity for
12 minorities to attain representation within the legal
13 profession proportionate to their representation within the
14 general population. The legal education component of the
15 Florida Education Fund includes a law school program and a
16 pre-law program.
17 (a) The law school scholarship program of the Florida
18 Education Fund is to be administered by the Board of Directors
19 of the Florida Education Fund for the purpose of increasing by
20 200 the number of minority students enrolled in law schools in
21 this state. Implementation of this program is to be phased in
22 over a 3-year period.
23 1. The board of directors shall provide financial,
24 academic, and other support to students selected for
25 participation in this program from funds appropriated by the
26 Legislature.
27 2. Student selection must be made in accordance with
28 rules adopted by the board of directors for that purpose and
29 must be based, at least in part, on an assessment of potential
30 for success, merit, and financial need.
31
216
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 3. Support must be made available to students who
2 enroll in private, as well as public, law schools in this
3 state which are accredited by the American Bar Association.
4 4. Scholarships must be paid directly to the
5 participating students.
6 5. Students who participate in this program must agree
7 in writing to sit for The Florida Bar examination and, upon
8 successful admission to The Florida Bar, to either practice
9 law in the state for a period of time equal to the amount of
10 time for which the student received aid, up to 3 years, or
11 repay the amount of aid received.
12 6. Annually, the board of directors shall compile a
13 report that includes a description of the selection process,
14 an analysis of the academic progress of all scholarship
15 recipients, and an analysis of expenditures. This report must
16 be submitted to the President of the Senate, the Speaker of
17 the House of Representatives, and the Governor.
18 (b) The minority pre-law scholarship loan program of
19 the Florida Education Fund is to be administered by the Board
20 of Directors of the Florida Education Fund for the purpose of
21 increasing the opportunity of minority students to prepare for
22 law school.
23 1. From funds appropriated by the Legislature, the
24 board of directors shall provide for student fees, room,
25 board, books, supplies, and academic and other support to
26 selected minority undergraduate students matriculating at
27 eligible public and independent colleges and universities in
28 Florida.
29 2. Student selection must be made in accordance with
30 rules adopted by the board of directors for that purpose and
31
217
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 must be based, at least in part, on an assessment of potential
2 for success, merit, and financial need.
3 3. To be eligible, a student must make a written
4 agreement to enter or be accepted to enter a law school in
5 this state within 2 years after graduation or repay the
6 scholarship loan amount plus interest at the prevailing rate.
7 4. Recipients who fail to gain admission to a law
8 school within the specified period of time, may, upon
9 admission to law school, be eligible to have their loans
10 canceled.
11 5. Minority pre-law scholarship loans shall be
12 provided to 34 minority students per year for up to 4 years
13 each, for a total of 136 scholarship loans. To continue
14 receipt of scholarship loans, recipients must maintain a 2.75
15 grade point average for the freshman year and a 3.25 grade
16 point average thereafter. Participants must also take
17 specialized courses to enhance competencies in English and
18 logic.
19 6. The board of directors shall maintain records on
20 all scholarship loan recipients. Participating institutions
21 shall submit academic progress reports to the board of
22 directors following each academic term. Annually, the board of
23 directors shall compile a report that includes a description
24 of the selection process, an analysis of the academic progress
25 of all scholarship loan recipients, and an analysis of
26 expenditures. This report must be submitted to the President
27 of the Senate, the Speaker of the House of Representatives,
28 and the Governor.
29 Section 246. Subsection (8) of section 1011.32,
30 Florida Statutes, is amended to read:
31
218
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 1011.32 Community College Facility Enhancement
2 Challenge Grant Program.--
3 (8) By September 1 of each year, the State Board of
4 Education shall transmit to the Governor and Legislature a
5 list of projects which meet all eligibility requirements to
6 participate in the Community College Facility Enhancement
7 Challenge Grant Program and a budget request which includes
8 the recommended schedule necessary to complete each project.
9 Section 247. Subsection (5) of section 1011.4105,
10 Florida Statutes, is repealed.
11 Section 248. Paragraph (p) of subsection (1) of
12 section 1011.62, Florida Statutes, is amended to read:
13 1011.62 Funds for operation of schools.--If the annual
14 allocation from the Florida Education Finance Program to each
15 district for operation of schools is not determined in the
16 annual appropriations act or the substantive bill implementing
17 the annual appropriations act, it shall be determined as
18 follows:
19 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
20 OPERATION.--The following procedure shall be followed in
21 determining the annual allocation to each district for
22 operation:
23 (p) Extended-school-year program.--It is the intent of
24 the Legislature that students be provided additional
25 instruction by extending the school year to 210 days or more.
26 Districts may apply to the Commissioner of Education for funds
27 to be used in planning and implementing an
28 extended-school-year program. The Department of Education
29 shall recommend to the Legislature the policies necessary for
30 full implementation of an extended school year.
31
219
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 249. Paragraph (l) of subsection (2) of
2 section 1012.05, Florida Statutes, is repealed.
3 Section 250. Subsection (1) of section 1012.42,
4 Florida Statutes, is amended to read:
5 1012.42 Teacher teaching out-of-field.--
6 (1) ASSISTANCE.--Each district school board shall
7 adopt and implement a plan to assist any teacher teaching
8 out-of-field, and priority consideration in professional
9 development activities shall be given to teachers who are
10 teaching out-of-field. The district school board shall require
11 that such teachers participate in a certification or staff
12 development program designed to provide the teacher with the
13 competencies required for the assigned duties. The
14 board-approved assistance plan must include duties of
15 administrative personnel and other instructional personnel to
16 provide students with instructional services. Each district
17 school board shall contact its regional workforce board,
18 created pursuant to s. 445.007, to identify resources that may
19 assist teachers who are teaching out-of-field and who are
20 pursuing certification.
21 Section 251. Subsection (13) of section 1013.03,
22 Florida Statutes, is repealed.
23 Section 252. Section 1013.11, Florida Statutes, is
24 amended to read:
25 1013.11 Postsecondary institutions assessment of
26 physical plant safety.--The president of each postsecondary
27 institution shall conduct or cause to be conducted an annual
28 assessment of physical plant safety. An annual report shall
29 incorporate the findings obtained through such assessment and
30 recommendations for the improvement of safety on each campus.
31 The annual report shall be submitted to the respective
220
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 governing or licensing board of jurisdiction no later than
2 January 1 of each year. Each board shall compile the
3 individual institutional reports and convey the aggregate
4 institutional reports to the Commissioner of Education. The
5 Commissioner of Education shall convey these reports and the
6 reports required in s. 1008.48 to the President of the Senate
7 and the Speaker of the House of Representatives no later than
8 March 1 of each year.
9 Section 253. Paragraph (b) of subsection (11) of
10 section 259.041, Florida Statutes, is amended to read:
11 259.041 Acquisition of state-owned lands for
12 preservation, conservation, and recreation purposes.--
13 (11)
14 (b) All project applications shall identify, within
15 their acquisition plans, those projects which require a full
16 fee simple interest to achieve the public policy goals,
17 together with the reasons full title is determined to be
18 necessary. The state agencies and the water management
19 districts may use alternatives to fee simple acquisition to
20 bring the remaining projects in their acquisition plans under
21 public protection. For the purposes of this subsection, the
22 term "alternatives to fee simple acquisition" includes, but is
23 not limited to: purchase of development rights; obtaining
24 conservation easements; obtaining flowage easements; purchase
25 of timber rights, mineral rights, or hunting rights; purchase
26 of agricultural interests or silvicultural interests; entering
27 into land protection agreements as defined in s. 380.0677(3)
28 s. 380.0677(4); fee simple acquisitions with reservations;
29 creating life estates; or any other acquisition technique
30 which achieves the public policy goals listed in paragraph
31 (a). It is presumed that a private landowner retains the full
221
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 range of uses for all the rights or interests in the
2 landowner's land which are not specifically acquired by the
3 public agency. The lands upon which hunting rights are
4 specifically acquired pursuant to this paragraph shall be
5 available for hunting in accordance with the management plan
6 or hunting regulations adopted by the Florida Fish and
7 Wildlife Conservation Commission, unless the hunting rights
8 are purchased specifically to protect activities on adjacent
9 lands.
10 Section 254. Paragraph (c) of subsection (3) of
11 section 259.101, Florida Statutes, is amended to read:
12 259.101 Florida Preservation 2000 Act.--
13 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
14 costs of issuance, the costs of funding reserve accounts, and
15 other costs with respect to the bonds, the proceeds of bonds
16 issued pursuant to this act shall be deposited into the
17 Florida Preservation 2000 Trust Fund created by s. 375.045. In
18 fiscal year 2000-2001, for each Florida Preservation 2000
19 program described in paragraphs (a)-(g), that portion of each
20 program's total remaining cash balance which, as of June 30,
21 2000, is in excess of that program's total remaining
22 appropriation balances shall be redistributed by the
23 department and deposited into the Save Our Everglades Trust
24 Fund for land acquisition. For purposes of calculating the
25 total remaining cash balances for this redistribution, the
26 Florida Preservation 2000 Series 2000 bond proceeds, including
27 interest thereon, and the fiscal year 1999-2000 General
28 Appropriations Act amounts shall be deducted from the
29 remaining cash and appropriation balances, respectively. The
30 remaining proceeds shall be distributed by the Department of
31 Environmental Protection in the following manner:
222
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 (c) Ten percent to the Department of Community Affairs
2 to provide land acquisition grants and loans to local
3 governments through the Florida Communities Trust pursuant to
4 part III of chapter 380. From funds allocated to the trust,
5 $3 million annually shall be used by the Division of State
6 Lands within the Department of Environmental Protection to
7 implement the Green Swamp Land Protection Initiative
8 specifically for the purchase of conservation easements, as
9 defined in s. 380.0677(3) s. 380.0677(4), of lands, or
10 severable interests or rights in lands, in the Green Swamp
11 Area of Critical State Concern. From funds allocated to the
12 trust, $3 million annually shall be used by the Monroe County
13 Comprehensive Plan Land Authority specifically for the
14 purchase of any real property interest in either those lands
15 subject to the Rate of Growth Ordinances adopted by local
16 governments in Monroe County or those lands within the
17 boundary of an approved Conservation and Recreation Lands
18 project located within the Florida Keys or Key West Areas of
19 Critical State Concern; however, title to lands acquired
20 within the boundary of an approved Conservation and Recreation
21 Lands project may, in accordance with an approved joint
22 acquisition agreement, vest in the Board of Trustees of the
23 Internal Improvement Trust Fund. Of the remaining funds
24 allocated to the trust after the above transfers occur,
25 one-half shall be matched by local governments on a
26 dollar-for-dollar basis. To the extent allowed by federal
27 requirements for the use of bond proceeds, the trust shall
28 expend Preservation 2000 funds to carry out the purposes of
29 part III of chapter 380.
30
31
223
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Local governments may use federal grants or loans, private
2 donations, or environmental mitigation funds, including
3 environmental mitigation funds required pursuant to s.
4 338.250, for any part or all of any local match required for
5 the purposes described in this subsection. Bond proceeds
6 allocated pursuant to paragraph (c) may be used to purchase
7 lands on the priority lists developed pursuant to s. 259.035.
8 Title to lands purchased pursuant to paragraphs (a), (d), (e),
9 (f), and (g) shall be vested in the Board of Trustees of the
10 Internal Improvement Trust Fund. Title to lands purchased
11 pursuant to paragraph (c) may be vested in the Board of
12 Trustees of the Internal Improvement Trust Fund. The board of
13 trustees shall hold title to land protection agreements and
14 conservation easements that were or will be acquired pursuant
15 to s. 380.0677, and the Southwest Florida Water Management
16 District and the St. Johns River Water Management District
17 shall monitor such agreements and easements within their
18 respective districts until the state assumes this
19 responsibility.
20 Section 255. Paragraph (g) of subsection (1) of
21 section 370.12, Florida Statutes, is amended to read:
22 370.12 Marine animals; regulation.--
23 (1) PROTECTION OF MARINE TURTLES.--
24 (g) The Department of Environmental Protection may
25 condition the nature, timing, and sequence of construction of
26 permitted activities to provide protection to nesting marine
27 turtles and hatchlings and their habitat pursuant to s.
28 161.053(4) the provisions of s. 161.053(5). When the
29 department is considering a permit for a beach restoration,
30 beach renourishment, or inlet sand transfer project and the
31 applicant has had an active marine turtle nest relocation
224
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 program or the applicant has agreed to and has the ability to
2 administer a program, the department must not restrict the
3 timing of the project. Where appropriate, the department, in
4 accordance with the applicable rules of the Fish and Wildlife
5 Conservation Commission, shall require as a condition of the
6 permit that the applicant relocate and monitor all turtle
7 nests that would be affected by the beach restoration, beach
8 renourishment, or sand transfer activities. Such relocation
9 and monitoring activities shall be conducted in a manner that
10 ensures successful hatching. This limitation on the
11 department's authority applies only on the Atlantic coast of
12 Florida.
13 Section 256. Paragraph (d) of subsection (2) of
14 section 372.672, Florida Statutes, is amended to read:
15 372.672 Florida Panther Research and Management Trust
16 Fund.--
17 (2) Money from the fund shall be spent only for the
18 following purposes:
19 (d) To fund and administer education programs
20 authorized in s. 372.674.
21 Section 257. Paragraph (b) of subsection (1) of
22 section 403.7264, Florida Statutes, is amended to read:
23 403.7264 Amnesty days for purging small quantities of
24 hazardous wastes.--Amnesty days are authorized by the state
25 for the purpose of purging small quantities of hazardous
26 waste, free of charge, from the possession of homeowners,
27 farmers, schools, state agencies, and small businesses. These
28 entities have no appropriate economically feasible mechanism
29 for disposing of their hazardous wastes at the present time.
30 In order to raise public awareness on this issue, provide an
31 educational process, accommodate those entities which have a
225
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 need to dispose of small quantities of hazardous waste, and
2 preserve the waters of the state, amnesty days shall be
3 carried out in the following manner:
4 (1)
5 (b) If a local government has established a local or
6 regional hazardous waste collection center pursuant to s.
7 403.7265 s. 403.7265(3) and such center is in operation, the
8 department and the local government may enter into a contract
9 whereby the local government shall administer and supervise
10 amnesty days. If a contract is entered into, the department
11 shall provide to the local government, from funds appropriated
12 to the department for amnesty days, an amount of money as
13 determined by the department that is equal to the amount of
14 money that would have been spent by the department to
15 administer and supervise amnesty days in the local
16 government's area. A local government that wishes to
17 administer and supervise amnesty days shall notify the
18 department at least 30 days prior to the beginning of the
19 state fiscal year during which the amnesty days are scheduled
20 to be held in the local government's area.
21 Section 258. Subsections (1) and (2) of section
22 409.91196, Florida Statutes, are amended to read:
23 409.91196 Supplemental rebate agreements;
24 confidentiality of records and meetings.--
25 (1) Trade secrets, rebate amount, percent of rebate,
26 manufacturer's pricing, and supplemental rebates which are
27 contained in records of the Agency for Health Care
28 Administration and its agents with respect to supplemental
29 rebate negotiations and which are prepared pursuant to a
30 supplemental rebate agreement under s. 409.912(38)(a)7. s.
31
226
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 409.912(40)(a)7. are confidential and exempt from s. 119.07
2 and s. 24(a), Art. I of the State Constitution.
3 (2) Those portions of meetings of the Medicaid
4 Pharmaceutical and Therapeutics Committee at which trade
5 secrets, rebate amount, percent of rebate, manufacturer's
6 pricing, and supplemental rebates are disclosed for discussion
7 or negotiation of a supplemental rebate agreement under s.
8 409.912(38)(a)7. s. 409.912(40)(a)7. are exempt from s.
9 286.011 and s. 24(b), Art. I of the State Constitution.
10 Section 259. Paragraph (d) of subsection (5) of
11 section 411.01, Florida Statutes, as amended by section 2 of
12 chapter 2004-484, Laws of Florida, is amended to read:
13 411.01 School readiness programs; early learning
14 coalitions.--
15 (5) CREATION OF EARLY LEARNING COALITIONS.--
16 (d) Implementation.--
17 1. An early learning coalition may not implement the
18 school readiness program until the coalition is authorized
19 through approval of the coalition's school readiness plan by
20 the Agency for Workforce Innovation.
21 2. Each early learning coalition shall develop a plan
22 for implementing the school readiness program to meet the
23 requirements of this section and the performance standards and
24 outcome measures adopted by the Agency for Workforce
25 Innovation. The plan must demonstrate how the program will
26 ensure that each 3-year-old and 4-year-old child in a publicly
27 funded school readiness program receives scheduled activities
28 and instruction designed to enhance the age-appropriate
29 progress of the children in attaining the performance
30 standards adopted by the Agency for Workforce Innovation under
31 subparagraph (4)(d)8. Before implementing the school readiness
227
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 program, the early learning coalition must submit the plan to
2 the Agency for Workforce Innovation for approval. The Agency
3 for Workforce Innovation may approve the plan, reject the
4 plan, or approve the plan with conditions. The Agency for
5 Workforce Innovation shall review school readiness plans at
6 least annually.
7 3. If the Agency for Workforce Innovation determines
8 during the annual review of school readiness plans, or through
9 monitoring and performance evaluations conducted under
10 paragraph (4)(l), that an early learning coalition has not
11 substantially implemented its plan, has not substantially met
12 the performance standards and outcome measures adopted by the
13 agency, or has not effectively administered the school
14 readiness program or Voluntary Prekindergarten Education
15 Program, the Agency for Workforce Innovation may dissolve the
16 coalition and temporarily contract with a qualified entity to
17 continue school readiness and prekindergarten services in the
18 coalition's county or multicounty region until the coalition
19 is reestablished through resubmission of a school readiness
20 plan and approval by the agency.
21 4. The Agency for Workforce Innovation shall adopt
22 criteria for the approval of school readiness plans. The
23 criteria must be consistent with the performance standards and
24 outcome measures adopted by the agency and must require each
25 approved plan to include the following minimum standards and
26 provisions:
27 a. A sliding fee scale establishing a copayment for
28 parents based upon their ability to pay, which is the same for
29 all program providers, to be implemented and reflected in each
30 program's budget.
31
228
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 b. A choice of settings and locations in licensed,
2 registered, religious-exempt, or school-based programs to be
3 provided to parents.
4 c. Instructional staff who have completed the training
5 course as required in s. 402.305(2)(d)1., as well as staff who
6 have additional training or credentials as required by the
7 Agency for Workforce Innovation. The plan must provide a
8 method for assuring the qualifications of all personnel in all
9 program settings.
10 d. Specific eligibility priorities for children within
11 the early learning coalition's county or multicounty region in
12 accordance with subsection (6).
13 e. Performance standards and outcome measures adopted
14 by the Agency for Workforce Innovation.
15 f. Payment rates adopted by the early learning
16 coalition and approved by the Agency for Workforce Innovation.
17 Payment rates may not have the effect of limiting parental
18 choice or creating standards or levels of services that have
19 not been authorized by the Legislature.
20 g. Systems support services, including a central
21 agency, child care resource and referral, eligibility
22 determinations, training of providers, and parent support and
23 involvement.
24 h. Direct enhancement services to families and
25 children. System support and direct enhancement services shall
26 be in addition to payments for the placement of children in
27 school readiness programs.
28 i. The business organization of the early learning
29 coalition, which must include the coalition's articles of
30 incorporation and bylaws if the coalition is organized as a
31 corporation. If the coalition is not organized as a
229
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 corporation or other business entity, the plan must include
2 the contract with a fiscal agent. An early learning coalition
3 may contract with other coalitions to achieve efficiency in
4 multicounty services, and these contracts may be part of the
5 coalition's school readiness plan.
6 j. Strategies to meet the needs of unique populations,
7 such as migrant workers.
8
9 As part of the school readiness plan, the early learning
10 coalition may request the Governor to apply for a waiver to
11 allow the coalition to administer the Head Start Program to
12 accomplish the purposes of the school readiness program. If a
13 school readiness plan demonstrates that specific statutory
14 goals can be achieved more effectively by using procedures
15 that require modification of existing rules, policies, or
16 procedures, a request for a waiver to the Agency for Workforce
17 Innovation may be submitted as part of the plan. Upon review,
18 the Agency for Workforce Innovation may grant the proposed
19 modification.
20 5. Persons with an early childhood teaching
21 certificate may provide support and supervision to other staff
22 in the school readiness program.
23 6. An early learning coalition may not implement its
24 school readiness plan until it submits the plan to and
25 receives approval from the Agency for Workforce Innovation.
26 Once the plan is approved, the plan and the services provided
27 under the plan shall be controlled by the early learning
28 coalition. The plan shall be reviewed and revised as
29 necessary, but at least biennially. An early learning
30 coalition may not implement the revisions until the coalition
31 submits the revised plan to and receives approval from the
230
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Agency for Workforce Innovation. If the Agency for Workforce
2 Innovation rejects a revised plan, the coalition must continue
3 to operate under its prior approved plan.
4 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do
5 not apply to an early learning coalition with an approved
6 school readiness plan. To facilitate innovative practices and
7 to allow the regional establishment of school readiness
8 programs, an early learning coalition may apply to the
9 Governor and Cabinet for a waiver of, and the Governor and
10 Cabinet may waive, any of the provisions of ss. 411.223,
11 411.232, and 1003.54, if the waiver is necessary for
12 implementation of the coalition's school readiness plan.
13 8. Two or more counties may join for purposes of
14 planning and implementing a school readiness program.
15 9. An early learning coalition may, subject to
16 approval by the Agency for Workforce Innovation as part of the
17 coalition's school readiness plan, receive subsidized child
18 care funds for all children eligible for any federal
19 subsidized child care program.
20 10. An early learning coalition may enter into
21 multiparty contracts with multicounty service providers in
22 order to meet the needs of unique populations such as migrant
23 workers.
24 Section 260. Paragraph (a) of subsection (3) of
25 section 411.232, Florida Statutes, is amended to read:
26 411.232 Children's Early Investment Program.--
27 (3) ESSENTIAL ELEMENTS.--
28 (a) Initially, the program shall be directed to
29 geographic areas where at-risk young children and their
30 families are in greatest need because of an unfavorable
31 combination of economic, social, environmental, and health
231
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 factors, including, without limitation, extensive poverty,
2 high crime rate, great incidence of low birthweight babies,
3 high incidence of alcohol and drug abuse, and high rates of
4 teenage pregnancy. The selection of a geographic site shall
5 also consider the incidence of young children within these
6 at-risk geographic areas who are cocaine babies, children of
7 single mothers who receive temporary cash assistance, children
8 of teenage parents, low birthweight babies, and very young
9 foster children. To receive funding under this section, an
10 agency, board, council, or provider must demonstrate:
11 1. Its capacity to administer and coordinate the
12 programs and services in a comprehensive manner and provide a
13 flexible range of services;
14 2. Its capacity to identify and serve those children
15 least able to access existing programs and case management
16 services;
17 3. Its capacity to administer and coordinate the
18 programs and services in an intensive and continuous manner;
19 4. The proximity of its facilities to young children,
20 parents, and other family members to be served by the program,
21 or its ability to provide offsite services;
22 5. Its ability to use existing federal, state, and
23 local governmental programs and services in implementing the
24 investment program;
25 6. Its ability to coordinate activities and services
26 with existing public and private, state and local agencies and
27 programs such as those responsible for health, education,
28 social support, mental health, child care, respite care,
29 housing, transportation, alcohol and drug abuse treatment and
30 prevention, income assistance, employment training and
31
232
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 placement, nutrition, and other relevant services, all the
2 foregoing intended to assist children and families at risk;
3 7. How its plan will involve project participants and
4 community representatives in the planning and operation of the
5 investment program; and
6 8. Its ability to participate in the evaluation
7 component required in this section.; and
8 9. Its consistency with the strategic plan pursuant to
9 s. 411.221.
10 Section 261. Subsection (4) of section 641.386,
11 Florida Statutes, is amended to read:
12 641.386 Agent licensing and appointment required;
13 exceptions.--
14 (4) All agents and health maintenance organizations
15 shall comply with and be subject to the applicable provisions
16 of ss. 641.309 and 409.912(20) 409.912(21), and all companies
17 and entities appointing agents shall comply with s. 626.451,
18 when marketing for any health maintenance organization
19 licensed pursuant to this part, including those organizations
20 under contract with the Agency for Health Care Administration
21 to provide health care services to Medicaid recipients or any
22 private entity providing health care services to Medicaid
23 recipients pursuant to a prepaid health plan contract with the
24 Agency for Health Care Administration.
25 Section 262. Paragraph (a) of subsection (4) of
26 section 1008.30, Florida Statutes, is amended to read:
27 1008.30 Common placement testing for public
28 postsecondary education.--
29 (4)(a) Public postsecondary educational institution
30 students who have been identified as requiring additional
31 preparation pursuant to subsection (1) shall enroll in
233
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 college-preparatory or other adult education pursuant to s.
2 1004.93 in community colleges to develop needed college-entry
3 skills. These students shall be permitted to take courses
4 within their degree program concurrently in other curriculum
5 areas for which they are qualified while enrolled in
6 college-preparatory instruction courses. A student enrolled
7 in a college-preparatory course may concurrently enroll only
8 in college credit courses that do not require the skills
9 addressed in the college-preparatory course. The State Board
10 of Education shall specify the college credit courses that are
11 acceptable for students enrolled in each college-preparatory
12 skill area, pursuant to s. 1001.02(5)(g) s. 1001.02(7)(g). A
13 student who wishes to earn an associate in arts or a
14 baccalaureate degree, but who is required to complete a
15 college-preparatory course, must successfully complete the
16 required college-preparatory studies by the time the student
17 has accumulated 12 hours of lower-division college credit
18 degree coursework; however, a student may continue enrollment
19 in degree-earning coursework provided the student maintains
20 enrollment in college-preparatory coursework for each
21 subsequent semester until college-preparatory coursework
22 requirements are completed, and the student demonstrates
23 satisfactory performance in degree-earning coursework. A
24 passing score on a standardized, institutionally developed
25 test must be achieved before a student is considered to have
26 met basic computation and communication skills requirements;
27 however, no student shall be required to retake any test or
28 subtest that was previously passed by said student. Credit
29 awarded for college-preparatory instruction may not be counted
30 toward fulfilling the number of credits required for a degree.
31
234
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2546
26-1315-05
1 Section 263. Subsection (1) of section 1011.82,
2 Florida Statutes, is amended to read:
3 1011.82 Requirements for participation in Community
4 College Program Fund.--Each community college district which
5 participates in the state appropriations for the Community
6 College Program Fund shall provide evidence of its effort to
7 maintain an adequate community college program which shall:
8 (1) Meet the minimum standards prescribed by the State
9 Board of Education in accordance with s. 1001.02(7) s.
10 1001.02(9).
11 Section 264. This act shall take effect upon becoming
12 a law.
13
14 *****************************************
15 SENATE SUMMARY
16 Extensively revises statutes relating to agency plans and
agency reports. (See bill for details.)
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
235
CODING: Words stricken are deletions; words underlined are additions.