Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SPB 7050
962302
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.