Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SPB 7050

962302

CHAMBER ACTION

Senate

Comm: WD

2/20/2008

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House



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The Committee on Criminal Justice (Wise) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 245 and 246

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and insert:

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     Section 6.  Section 985.664, Florida Statutes, is amended

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to read:

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     985.664  Juvenile justice circuit boards and juvenile

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justice county councils.--

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     (1)  There is authorized a juvenile justice circuit board

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to be established in each of the 20 judicial circuits and a

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juvenile justice county council to be established in each of the

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67 counties. The purpose of each juvenile justice circuit board

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and each juvenile justice county council is to provide advice

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and direction to the department in the development and

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implementation of juvenile justice programs and to work

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collaboratively with the department in seeking program

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improvements and policy changes to address the emerging and

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changing needs of Florida's youth who are at risk of

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delinquency.

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     (2)  Each juvenile justice county council shall develop a

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juvenile justice prevention and early intervention plan for the

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county and shall collaborate with the circuit board and other

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county councils assigned to that circuit in the development of a

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comprehensive plan for the circuit.

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     (3)  Juvenile justice circuit boards and county councils

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shall also participate in facilitating interagency cooperation

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and information sharing and where beneficial may implement

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through or recommend to the department or legislature a design

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or programs and projects in furtherance of the comprehensive

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plan.

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     (4)  Juvenile justice circuit boards and county councils

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may apply for and receive public or private grants to be

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administered by one of the community partners that support one

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or more components of the county or circuit plan, and as

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otherwise directed in their bylaws.

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     (5)  Juvenile justice circuit boards and county councils

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shall advise and assist the department in the evaluation and

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award of prevention and early intervention grant programs,

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including the Community Juvenile Justice Partnership Grant

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program established in s. 985.676 and proceeds from the Invest

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in Children license plate annual use fees.

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     (6)  Each juvenile justice circuit board shall provide an

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annual report to the department describing the activities of the

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circuit board and each of the county councils contained within

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its circuit agreed upon and signed by each acting chair of the

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board and councils. The department may prescribe a format and

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content requirements for submission of annual reports and shall

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present and submit its annual legislative budget request

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reflecting the required material and fiscal needs of each board

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and council.

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     (7)  Membership of the juvenile justice circuit board may

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not exceed 18 members, except as provided in subsections (8) and

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(9). Members must include the state attorney, the public

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defender, and the chief judge of the circuit, or their

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respective designees. The remaining 15 members of the board must

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be appointed by the county councils within that circuit. The

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board where possible for purposes of equity must be composed of

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equally numbered members include at least one representative

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from each county council within the circuit. In appointing

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members to the circuit board, the county councils must reflect:

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     (a)  The circuit's geography and population distribution.

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     (b)  Juvenile justice partners, including, but not limited

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to, representatives of law enforcement, the school system, and

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the Department of Children and Family Services.

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     (c)  Diversity in the judicial circuit.

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     (8)  At any time after the adoption of initial bylaws

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pursuant to subsection (12), and absent any county councils

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formed within a circuit, a juvenile justice circuit board may

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revise the bylaws to increase the number of members by not more

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than three in order to adequately reflect the diversity of the

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population and community organizations or agencies in the

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circuit.

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     (9)  If county councils are not formed within a circuit,

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the circuit board may establish its membership in accordance

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with subsection (10) of not more than 18 members. For juvenile

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justice circuit boards organized pursuant to this subsection,

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the state attorney, public defender, and chief circuit judge, or

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their respective designees, shall be members of the circuit

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board.

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     (10)  Membership of the juvenile justice county councils,

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or juvenile justice circuit boards established under subsection

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(9), may include representatives from the following entities:

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     (a)  Representatives from the school district, which may

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include elected school board officials, the school

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superintendent, school or district administrators, teachers, and

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counselors.

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     (b)  Representatives of the board of county commissioners.

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     (c)  Representatives of the governing bodies of local

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municipalities within the county.

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     (d)  A representative of the corresponding circuit or

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regional entity of the Department of Children and Family

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Services.

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     (e)  Representatives of local law enforcement agencies,

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including the sheriff or the sheriff's designee.

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     (f)  Representatives of the judicial system.

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     (g)  Representatives of the business community.

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     (h)  Representatives of other interested officials, groups,

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or entities, including, but not limited to, a children's

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services council, public or private providers of juvenile

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justice programs and services, students, parents, and advocates.

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Private providers of juvenile justice programs may not exceed

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one-third of the voting membership.

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     (i)  Representatives of the faith community.

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     (j)  Representatives of victim-service programs and victims

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of crimes.

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     (k)  Representatives of the Department of Corrections.

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     (11)  Each juvenile justice county council, or juvenile

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justice circuit board established under subsection (9), must

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provide for the establishment of an executive committee of not

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more than 10 members. The duties and authority of the executive

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committee must be addressed in the bylaws.

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     (12)  Each juvenile justice circuit board and county

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council shall develop bylaws that provide for officers and

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committees as the board or council deems necessary and shall

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specify the qualifications, method of selection, and term for

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each office created. The bylaws shall address at least the

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following issues: process for appointments to the board or

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council; election or appointment of officers; filling of vacant

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positions; duration of member terms; provisions for voting;

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meeting attendance requirements; and the establishment and

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duties of an executive committee, if required under subsection

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(11).

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     (13)  Members of juvenile justice circuit boards and county

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councils are subject to the provisions of part III of chapter

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112, F.S., and s. 11.25 F.S. Juvenile justice circuit boards and

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county councils are units of the legislature as prescribed by s.

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11.135, F.S.

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     (14)     Nongovernmental members of the juvenile justice

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circuit boards and county councils shall serve without

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compensation, unless stated otherwise in the bylaws, but are

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entitled to receive per diem and travel expenses in accordance

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with s. 112.061, Florida Statutes, and all other costs and

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expenses which may be necessary and required while in

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performance of their duties.

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     (15)     The department shall provide legal counsel on all

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internal matters to the boards and councils where necessary as

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to their duties, responsibilities and jurisdiction.

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     Section 7.  Subsection (1) of section 985.668, Florida

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Statutes, is amended to read:

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     985.668  Innovation zones.--The department shall encourage

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each of the juvenile justice circuit boards or councils to

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propose at least one innovation zone within the circuit for the

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purpose of implementing any experimental, pilot, or

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demonstration project that furthers the legislatively

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established goals of the department. An innovation zone is a

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defined geographic area such as a circuit, commitment region,

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county, municipality, service delivery area, school campus, or

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neighborhood providing a laboratory for the research,

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development, and testing of the applicability and efficacy of

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model programs, policy options, and new technologies for the

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department.

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     (1)(a) The juvenile justice circuit board or council shall

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submit a proposal for an innovation zone to the secretary. If

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the purpose of the proposed innovation zone is to demonstrate

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that specific statutory goals can be achieved more effectively

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by using procedures that require modification of existing rules,

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policies, or procedures, the proposal may request the secretary

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to waive such existing rules, policies, or procedures or to

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otherwise authorize use of alternative procedures or practices.

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Waivers of such existing rules, policies, or procedures must

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comply with applicable state or federal law.

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     (b)  For innovation zone proposals that the secretary

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determines require changes to state law, the secretary may

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submit a request for a waiver from such laws, together with any

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proposed changes to state law, to the chairs of the appropriate

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legislative committees for consideration.

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     (c)  For innovation zone proposals that the secretary

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determines require waiver of federal law, the secretary may

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submit a request for such waivers to the applicable federal

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agency.

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(Renumber subsequent sections.)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 21, delete that line

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and insert:

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Department of Juvenile Justice; amending s. 985.664, F.S.,

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authorizing juvenile justice boards and county councils to

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implement through or recommend to the Department or

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Legislature programs furthering the comprehensive plan;

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requiring the department to present its annual legislative

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budget request reflecting required material and fiscal

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needs of each board and council; changing membership of

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the circuit boards and county councils; providing that

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circuit boards and county councils are legislative units

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under s. 11.135, F.S.; requiring the department to provide

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legal counsel to boards and councils; amending s. 985.668,

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F.S., authorizing county councils to propose innovation

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zones within the circuit; amending s. 985.66, F.S.;

2/19/2008  8:54:00 AM     CJ.CJ.04161

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