Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2160
       
       
       
       
       
                                Barcode 134788                          
       
       593-03559-09                                                    
       Proposed Committee Substitute by the Committee on Finance and
       Tax
    1                        A bill to be entitled                      
    2         An act relating to obsolete or outdated agency plans,
    3         reports, and programs; repealing s. 14.25, F.S.,
    4         relating to the Florida State Commission on Hispanic
    5         Affairs; amending s. 14.26, F.S.; revising reporting
    6         requirements of the Citizen’s Assistance Office;
    7         repealing s. 14.27, F.S., relating to the Florida
    8         Commission on African-American Affairs; repealing s.
    9         16.58, F.S., relating to the Florida Legal Resource
   10         Center; amending s. 17.32, F.S.; revising the
   11         recipients of the annual report of trust funds by the
   12         Chief Financial Officer; amending s. 17.325, F.S.;
   13         deleting a reporting requirement relating to the
   14         governmental efficiency hotline; amending s. 20.057,
   15         F.S.; deleting a reporting requirement of the Governor
   16         relating to interagency agreements to delete
   17         duplication of inspections; repealing s. 20.316(4)(e),
   18         (f), and (g), F.S.; relating to information systems of
   19         the Department of Juvenile Justice; amending s. 20.43,
   20         F.S.; revising provisions relating to planning by the
   21         Department of Health; amending s. 39.4086, F.S.;
   22         deleting provisions relating to a report by the State
   23         Courts Administrator on a guardian ad litem program
   24         for dependent children; transferring certain duties to
   25         the Statewide Guardian Ad Litem Office; amending s.
   26         98.255, F.S.; deleting provisions relating to a report
   27         on the effectiveness of voter education programs;
   28         amending s. 110.1227, F.S.; revising provisions
   29         relating to a report by the board of directors of the
   30         Florida Long-Term-Care Plan; amending s. 120.542,
   31         F.S.; deleting provisions relating to reports of
   32         petitions filed for variances to agency rules;
   33         amending s. 121.45, F.S.; deleting provisions relating
   34         to reports on interstate compacts relating to pension
   35         portability; repealing s. 153.952, F.S., relating to
   36         legislative findings and intent concerning privately
   37         owned wastewater systems and facilities; amending s.
   38         161.053, F.S.; deleting a provision relating to a
   39         report on the coastal construction control line;
   40         amending s. 161.161, F.S.; deleting a provision
   41         requiring a report on funding for beach erosion
   42         control; repealing s. 163.2526, F.S., relating to the
   43         review and evaluation of urban infill; amending s.
   44         163.3167, F.S.; deleting provisions relating to local
   45         government comprehensive plans; amending s. 163.3177,
   46         F.S.; revising requirements for comprehensive plans;
   47         amending s. 163.3178, F.S.; deleting a duty of the
   48         Coastal Resources Interagency Management Committee to
   49         submit certain recommendations; repealing s.
   50         163.519(12), F.S., relating to the requirement for a
   51         report on neighborhood improvement districts by the
   52         Department of Legal Affairs; repealing s. 186.007(9),
   53         F.S.; deleting provisions relating to a committee to
   54         recommend to the Governor changes in the state
   55         comprehensive plan; amending ss. 189.4035 and 189.412,
   56         F.S.; revising requirements relating to dissemination
   57         of the official list of special districts; amending s.
   58         194.034, F.S.; deleting a requirement that the
   59         Department of Revenue be notified of certain decisions
   60         of value adjustment boards; amending s. 206.606, F.S.;
   61         revising provisions relating to a report on the
   62         Florida Boating Improvement Program; amending s.
   63         212.054, F.S.; deleting the requirement for a report
   64         on costs of administering the discretionary sales
   65         surtax; amending s. 212.08, F.S.; deleting a
   66         requirement for a report on the sales tax exemption
   67         for machinery and equipment used in semiconductor,
   68         defense, or space technology production and research
   69         and development; repealing s. 213.0452, F.S., relating
   70         to a report on the structure of the Department of
   71         Revenue; repealing s. 213.054, F.S., relating to
   72         monitoring and reporting regarding persons claiming
   73         tax exemptions; amending s. 215.70, F.S.; requiring
   74         the State Board of Administration to report to the
   75         Governor when funds need to be appropriated to honor
   76         the full faith and credit of the state; amending s.
   77         216.011, F.S.; redefining the term “long-range program
   78         plan”; repealing s. 216.181(10)(c), F.S., relating to
   79         reports of filled and vacant positions and salaries;
   80         amending s. 252.55, F.S.; revising certain reporting
   81         requirements relating to the Civil Air Patrol;
   82         amending s. 253.7825, F.S.; deleting provisions
   83         relating to the plan for the Cross Florida Greenways
   84         State Recreation and Conservation Area; repealing s.
   85         253.7826, F.S., relating to structures of the Cross
   86         Florida Barge Canal; repealing s. 253.7829, F.S.,
   87         relating to a management plan for retention or
   88         disposition of lands of the Cross Florida Barge Canal;
   89         amending s. 259.037, F.S.; revising provisions
   90         relating to a report of the Land Management Uniform
   91         Accounting Council; repealing s. 267.074(4), F.S.,
   92         relating to a plan for the State Historical Marker
   93         Program; repealing s. 284.50(3), F.S., relating to a
   94         requirement for a report by the Interagency Advisory
   95         Council on Loss Prevention and certain department
   96         heads; repealing s. 287.045(11), F.S., relating to a
   97         requirement for reports on use of recycled products;
   98         amending s. 287.059, F.S.; deleting a requirement for
   99         reporting proposed fee schedules for private attorney
  100         services for the Attorney General’s office; repealing
  101         s. 288.108(7), F.S., relating to a requirement for a
  102         report by the Office of Tourism, Trade, and Economic
  103         Development on high-impact businesses; repealing s.
  104         288.1185, F.S., relating to the Recycling Markets
  105         Advisory Committee; amending s. 288.1229, F.S.;
  106         revising duties of the direct-support organization to
  107         support sports-related industries and amateur
  108         athletics; repealing s. 288.7015(4), F.S., relating to
  109         a requirement for a report by the rules ombudsman in
  110         the Executive Office of the Governor; amending s.
  111         288.7771, F.S.; revising a reporting requirement of
  112         the Florida Export Finance Corporation; repealing s.
  113         288.8175(8), (10), and (11), F.S., relating to certain
  114         responsibilities of the Department of Education with
  115         respect to linkage institutes between postsecondary
  116         institutions in this state and foreign countries;
  117         repealing s. 288.853(5), F.S., relating to the
  118         requirement for a report on assistance to and commerce
  119         with Cuba; amending s. 288.95155, F.S.; revising
  120         requirements for a report by Enterprise Florida, Inc.,
  121         on the Florida Small Business Technology Growth
  122         Program; amending s. 288.9604, F.S.; deleting a
  123         requirement for a report by the Florida Development
  124         Finance Corporation; amending s. 288.9610, F.S.;
  125         revising provisions relating to annual reporting by
  126         the corporation; amending s. 292.05, F.S.; revising
  127         requirements relating to a report by the Department of
  128         Veterans’ Affairs; repealing ss. 296.16 and 296.39,
  129         F.S., relating to reports by the executive director of
  130         the Department of Veterans’ Affairs; repealing s.
  131         315.03(12)(c), F.S., relating to legislative review of
  132         a loan program of the Florida Seaport Transportation
  133         and Economic Development Council; amending s. 319.324,
  134         F.S.; deleting provisions relating to funding a report
  135         on odometer fraud prevention and detection; repealing
  136         s. 322.181, F.S., relating to a study by the
  137         Department of Highway Safety and Motor Vehicles on
  138         driving by the elderly; repealing s. 322.251(7)(c),
  139         F.S., relating to a plan to indemnify persons wanted
  140         for passing worthless bank checks; amending s.
  141         373.0391, F.S.; deleting provisions relating to
  142         provision of certain information by water management
  143         districts; amending s. 373.046, F.S.; deleting an
  144         obsolete provision requiring a report by the Secretary
  145         of Environmental Protection; repealing s. 376.121(14),
  146         F.S., relating to a report by the Department of
  147         Environmental Protection on damage to natural
  148         resources; repealing s. 376.17, F.S., relating to
  149         reports of the department to the Legislature;
  150         repealing s. 376.30713(5), F.S., relating to a report
  151         on preapproved advanced cleanup; amending s. 379.2211,
  152         F.S.; revising provisions relating to a report by the
  153         Fish and Wildlife Conservation Commission on waterfowl
  154         permit revenues; amending s. 379.2212, F.S.; revising
  155         provisions relating to a report by the commission on
  156         wild turkey permit revenues; repealing s. 379.2523(8),
  157         F.S., relating to duties of the Fish and Wildlife
  158         Conservation Commission concerning an aquaculture
  159         plan; amending s. 380.06, F.S.; deleting provisions on
  160         transmission of revisions relating to statewide
  161         guidelines and standards for developments of regional
  162         impact; repealing s. 380.0677(3), F.S, relating to
  163         powers of the Green Swamp Land Authority; repealing s.
  164         381.0011(3), F.S., relating to an inclusion in the
  165         Department of Health’s strategic plan; repealing s.
  166         381.0036, F.S., relating to planning for
  167         implementation of educational requirements concerning
  168         HIV and AIDS; repealing s. 381.731, F.S., relating to
  169         strategic planning of the Department of Health;
  170         amending s. 381.795, F.S.; deleting provisions
  171         relating to studies by the Department of Health on
  172         long-term, community-based supports; amending s.
  173         381.931, F.S.; deleting provisions relating to the
  174         duty of the Department of Health to develop a report
  175         on Medicaid expenditures; amending s. 383.19, F.S.;
  176         revising provisions relating to reports by hospitals
  177         contracting to provide perinatal intensive care
  178         services; repealing s. 383.21, F.S., relating to
  179         reviews of perinatal intensive care service programs;
  180         amending s. 383.2161, F.S.; revising requirements
  181         relating to a report by the Department of Health on
  182         maternal and child health; repealing s. 394.4573(4),
  183         F.S., relating to the requirement for a report by the
  184         Department of Children and Family Services on staffing
  185         state mental health facilities; amending s. 394.4985,
  186         F.S.; deleting provisions relating to plans by
  187         department districts; repealing s. 394.82, F.S.,
  188         relating to the funding of expanded community mental
  189         health services; repealing s. 394.9082(9), F.S.,
  190         relating to reports on contracting with behavioral
  191         health management entities; repealing s. 394.9083,
  192         F.S., relating to the Behavioral Health Services
  193         Integration Workgroup; repealing s. 395.807(2)(c),
  194         F.S., relating to requirements for a report on the
  195         retention of family practice residents; repealing s.
  196         397.332(3), F.S., relating to the requirement for a
  197         report by the director of the Office of Drug Control;
  198         amending s. 397.333, F.S.; deleting the requirement
  199         for a report by the Statewide Drug Policy Advisory
  200         Council; repealing s. 397.94(1), F.S., relating to
  201         children’s substance abuse services plans by service
  202         districts of the Department of Children and Family
  203         Services; repealing s. 400.148(2), F.S., relating to a
  204         pilot program of the Agency for Health Care
  205         Administration for a quality-of-care contract
  206         management program; amending s. 400.967, F.S.;
  207         deleting provisions relating to a report by the Agency
  208         for Health Care Administration on intermediate care
  209         facilities for developmentally disabled persons;
  210         repealing s. 402.3016(3), F.S., relating to the
  211         requirement for a report by the agency on Early Head
  212         Start collaboration grants; repealing s. 402.40(9),
  213         F.S., relating to submission to the Legislature of
  214         certain information related to child welfare training;
  215         amending s. 403.4131, F.S.; deleting provisions
  216         relating to a report on the adopt-a-highway program;
  217         repealing s. 406.02(4)(a), F.S., relating to the
  218         requirement for a report by the Medical Examiners
  219         Commission; amending s. 408.033, F.S.; revising
  220         provisions relating to reports by local health
  221         councils; repealing s. 408.914(4), F.S., relating to
  222         the requirement of the Agency for Health Care
  223         Administration to submit to the Governor a plan on the
  224         comprehensive health and human services eligibility
  225         access system; repealing s. 408.915(3)(i), F.S.,
  226         relating to the requirement for periodic reports on
  227         the pilot program for such access; repealing s.
  228         408.917, F.S., relating to an evaluation of the pilot
  229         project; amending s. 409.1451, F.S.; revising
  230         requirements relating to reports on independent living
  231         transition services; repealing s. 409.152, F.S.,
  232         relating to service integration and family
  233         preservation; repealing s. 409.1679(1) and (2), F.S.,
  234         relating to reports concerning residential group care
  235         services; amending s. 409.1685, F.S.; revising
  236         provisions relating to reports by the Department of
  237         Children and Family Services on children in foster
  238         care; repealing s. 409.221(4)(k), F.S., relating to
  239         reports on consumer-directed care; amending s.
  240         409.25575, F.S.; deleting provisions relating to a
  241         report by the Department of Revenue regarding a
  242         quality assurance program for privatization of
  243         services; amending s. 409.2558, F.S.; deleting
  244         provisions relating to the Department of Revenue’s
  245         solicitation of recommendations related to a rule on
  246         undistributable collections; repealing s. 409.441(3),
  247         F.S., relating to the state plan for the handling of
  248         runaway youths; amending s. 409.906, F.S.; deleting a
  249         requirement for reports of child-welfare-targeted case
  250         management projects; amending s. 409.912, F.S.;
  251         revising provisions relating to duties of the agency
  252         with respect to cost-effective purchasing of health
  253         care; repealing s. 410.0245, F.S., relating to a study
  254         of service needs of the disabled adult population;
  255         repealing s. 410.604(10), F.S., relating to a
  256         requirement for the Department of Children and Family
  257         Services to evaluate the community care for disabled
  258         adults program; amending s. 411.0102, F.S.; deleting
  259         provisions relating to use of child care purchasing
  260         pool funds; repealing s. 411.221, F.S., relating to
  261         prevention and early assistance; repealing s. 411.242,
  262         F.S., relating to the Florida Education Now and Babies
  263         Later program; amending s. 414.14, F.S.; deleting a
  264         provision relating to a report by the Secretary of
  265         Children and Family Services on public assistance
  266         policy simplification; repealing s. 414.36(1), F.S.,
  267         relating to a plan for privatization of recovery of
  268         public assistance overpayment claims; repealing s.
  269         414.391(3), F.S., relating to a plan for automated
  270         fingerprint imaging; amending s. 415.1045, F.S.;
  271         deleting a requirement for a study by the Office of
  272         Program Policy Analysis and Government Accountability
  273         on documentation of exploitation, abuse, or neglect;
  274         amending s. 420.622, F.S.; revising requirements
  275         relating to a report by the State Council on
  276         Homelessness; repealing s. 420.623(4), F.S., relating
  277         to the requirement of a report by the Department of
  278         Community Affairs on homelessness; amending s.
  279         427.704, F.S.; revising requirements relating to a
  280         report by the Public Service Commission on a
  281         telecommunications access system; amending s. 427.706,
  282         F.S.; revising requirements relating to a report by
  283         the advisory committee on telecommunications access;
  284         amending s. 429.07, F.S.; deleting provisions relating
  285         to a report by the Department of Elderly Affairs on
  286         extended congregate care facilities; repealing s.
  287         429.08(2), F.S., relating to local workgroups of field
  288         offices of the Agency for Health Care Administration;
  289         amending s. 429.41, F.S.; deleting provisions relating
  290         to a report concerning standards for assisted living
  291         facilities; amending s. 430.04, F.S.; revising duties
  292         of the Department of Elderly Affairs with respect to
  293         certain reports and recommendations; amending s.
  294         430.502, F.S.; revising requirements with respect to
  295         reports by the Alzheimer’s Disease Advisory Committee;
  296         amending s. 445.006, F.S.; deleting provisions
  297         relating to a strategic plan for workforce
  298         development; repealing s. 455.204, F.S., relating to
  299         long-range policy planning in the Department of
  300         Business and Professional Regulation; repealing s.
  301         455.2226(8), F.S., relating to the requirement of a
  302         report by the Board of Funeral Directors and
  303         Embalmers; repealing s. 455.2228(6), F.S., relating to
  304         the requirement of reports by the Barbers’ Board and
  305         the Board of Cosmetology; amending s. 456.005, F.S.;
  306         revising requirements relating to long-range planning
  307         by professional boards; amending s. 456.025, F.S.;
  308         revising requirements relating to a report to
  309         professional boards by the Department of Health;
  310         repealing s. 456.034(6), F.S., relating to reports by
  311         professional boards about HIV and AIDS; amending s.
  312         517.302, F.S.; deleting a requirement for a report by
  313         the Office of Financial Regulation on deposits into
  314         the Anti-Fraud Trust Fund; repealing s. 531.415(3),
  315         F.S., relating to the requirement of a report by the
  316         Department of Agriculture and Consumer Services on
  317         fees; repealing s. 570.0705(3), F.S., relating to the
  318         requirement of a report by the Commissioner of
  319         Agriculture concerning advisory committees; repealing
  320         s. 570.0725(5), F.S., relating to a report by the
  321         Department of Agriculture and Consumer Services
  322         concerning support for food recovery programs;
  323         repealing s. 570.543(3), F.S., relating to legislative
  324         recommendations of the Florida Consumers’ Council;
  325         amending s. 603.204, F.S.; revising requirements
  326         relating to the South Florida Tropical Fruit Plan;
  327         amending s. 627.64872, F.S.; deleting provisions
  328         relating to an interim report by the board of
  329         directors of the Florida Health Insurance Plan;
  330         prohibiting the board from acting to implement the
  331         plan until certain funds are appropriated; amending s.
  332         744.708, F.S.; revising provisions relating to audits
  333         of public guardian offices and to reports concerning
  334         those offices; amending s. 768.295, F.S.; revising
  335         duties of the Attorney General relating to reports
  336         concerning “SLAPP” lawsuits; amending s. 775.084,
  337         F.S.; deleting provisions relating to sentencing of
  338         violent career criminals and to reports of judicial
  339         actions with respect thereto; amending s. 790.22,
  340         F.S.; deleting provisions relating to reports by the
  341         Department of Juvenile Justice concerning certain
  342         juvenile offenses that involve weapons; amending s.
  343         943.125, F.S.; deleting provisions relating to reports
  344         by the Florida Sheriffs Association and the Florida
  345         Police Chiefs Association concerning law enforcement
  346         agency accreditation; amending s. 943.68, F.S.;
  347         revising requirements relating to reports by the
  348         Department of Law Enforcement concerning
  349         transportation and protective services; amending s.
  350         944.023, F.S.; adding a cross reference; amending s.
  351         944.801, F.S.; deleting a requirement to deliver to
  352         specified officials copies of certain reports
  353         concerning education of state prisoners; repealing s.
  354         945.35(10), F.S., relating to the requirement of a
  355         report by the Department of Corrections concerning HIV
  356         and AIDS education; repealing s. 958.045(9), F.S.,
  357         relating to a report by the department concerning
  358         youthful offenders; amending s. 960.045, F.S.;
  359         revising requirements relating to reports by the
  360         Department of Legal Affairs with respect to victims of
  361         crimes; repealing s. 985.02(8)(c), F.S., relating to
  362         the requirement of a study by the Office of Program
  363         Policy Analysis and Government Accountability on
  364         programs for young females within the Department of
  365         Juvenile Justice; amending s. 985.047, F.S.; deleting
  366         provisions relating to a plan by a multiagency task
  367         force on information systems related to delinquency;
  368         amending s. 985.47, F.S.; deleting provisions relating
  369         to a report on serious or habitual juvenile offenders;
  370         amending s. 985.483, F.S.; deleting provisions
  371         relating to a report on intensive residential
  372         treatment for offenders younger than 13 years of age;
  373         repealing s. 985.61(5), F.S., relating to a report by
  374         the Department of Juvenile Justice on early
  375         delinquency intervention; amending s. 985.622, F.S.;
  376         deleting provisions relating to submission of the
  377         multiagency plan for vocational education; repealing
  378         s. 985.632(7), F.S., relating to a report by the
  379         Department of Juvenile Justice on funding incentives
  380         and disincentives; repealing s. 1002.34(19), F.S.,
  381         relating to an evaluation and report by the
  382         Commissioner of Education concerning charter technical
  383         career centers; repealing s. 1003.61(4), F.S.,
  384         relating to evaluation of a pilot attendance project
  385         in Manatee County; amending s. 1004.22, F.S.; deleting
  386         provisions relating to university reports concerning
  387         sponsored research; repealing s. 1004.50(6), F.S.,
  388         relating to the requirement of a report by the
  389         Governor concerning unmet needs in urban communities;
  390         repealing s. 1004.94(2) and (4), F.S., relating to
  391         guidelines for and a report on plans for a state adult
  392         literacy program; amending s. 1004.95, F.S.; revising
  393         requirements relating to implementing provisions for
  394         adult literacy centers; repealing s. 1006.0605, F.S.,
  395         relating to students’ summer nutrition; repealing s.
  396         1006.67, F.S., relating to a report of campus crime
  397         statistics; amending s. 1009.70, F.S.; deleting
  398         provisions relating to a report on a minority law
  399         school scholarship program; amending s. 1011.32, F.S.;
  400         requiring the Governor to be given a copy of a report
  401         related to the Community College Facility Enhancement
  402         Challenge Grant Program; amending s. 1011.62, F.S.;
  403         deleting provisions relating to recommendations for
  404         implementing the extended-school-year program;
  405         repealing s. 1012.05(2)(l), F.S., relating to a plan
  406         concerning teacher recruitment and retention; amending
  407         s. 1012.42, F.S.; deleting provisions relating to a
  408         plan of assistance for teachers teaching out-of-field;
  409         amending s. 1013.11, F.S.; deleting provisions
  410         relating to transmittal of a report on physical plant
  411         safety; amending ss. 161.142, 163.065, 163.2511,
  412         163.2514, 163.3202, 259.041, 259.101, 369.305,
  413         379.2431, 381.732, 381.733, 411.01, 411.232, and
  414         445.006, F.S., conforming cross-references to changes
  415         made by the act; providing an effective date.
  416  
  417  Be It Enacted by the Legislature of the State of Florida:
  418  
  419         Section 1. Section 14.25, Florida Statutes, is repealed.
  420         Section 2. Subsection (3) of section 14.26, Florida
  421  Statutes, is amended to read:
  422         14.26 Citizen’s Assistance Office.—
  423         (3) The Citizen’s Assistance Office shall report make
  424  quarterly reports to the Governor on, which shall include:
  425         (a) The number of complaints and investigations and
  426  complaints made during the preceding quarter and the disposition
  427  of such investigations.
  428         (b) Recommendations in the form of suggested legislation or
  429  suggested procedures for the alleviation of problems disclosed
  430  by investigations.
  431         (b)(c)A report including statistics which reflect The
  432  types of complaints made and an assessment as to the cause of
  433  the complaints.
  434         (c) Recommendations for the alleviation of the cause of
  435  complaints disclosed by investigations.
  436         (d) Such Other information as the Executive Office of the
  437  Governor shall require.
  438         Section 3. Section 14.27, Florida Statutes, is repealed.
  439         Section 4. Section 16.58, Florida Statutes, is repealed.
  440         Section 5. Subsection (1) of section 17.32, Florida
  441  Statutes, is amended to read:
  442         17.32 Annual report of trust funds; duties of Chief
  443  Financial Officer.—
  444         (1) On February 1 of each year, the Chief Financial Officer
  445  shall present to the Governor and the Legislature President of
  446  the Senate and the Speaker of the House of Representatives a
  447  report listing all trust funds as defined in s. 215.32. The
  448  report must shall contain the following data elements for each
  449  fund for the preceding fiscal year:
  450         (a) The fund code.
  451         (b) The title.
  452         (c) The fund type according to generally accepted
  453  accounting principles.
  454         (d) The statutory authority.
  455         (e) The beginning cash balance.
  456         (f) Direct revenues.
  457         (g) Nonoperating revenues.
  458         (h) Operating disbursements.
  459         (i) Nonoperating disbursements.
  460         (j) The ending cash balance.
  461         (k) The department and budget entity in which the fund is
  462  located.
  463         Section 6. Subsection (1) of section 17.325, Florida
  464  Statutes, is amended to read:
  465         17.325 Governmental efficiency hotline; duties of Chief
  466  Financial Officer.—
  467         (1) The Chief Financial Officer shall establish and operate
  468  a statewide toll-free telephone hotline to receive information
  469  or suggestions from the residents citizens of this state on how
  470  to improve the operation of government, increase governmental
  471  efficiency, and eliminate waste in government. The Chief
  472  Financial Officer shall report each month to the appropriations
  473  committee of the House of Representatives and of the Senate the
  474  information or suggestions received through the hotline and the
  475  evaluations and determinations made by the affected agency, as
  476  provided in subsection (3), with respect to such information or
  477  suggestions.
  478         Section 7. Section 20.057, Florida Statutes, is amended to
  479  read:
  480         20.057 Interagency agreements to delete duplication of
  481  inspections.—
  482         (1) The Governor shall direct any department, the head of
  483  which is an officer or board appointed by and serving at the
  484  pleasure of the Governor, to enter into an interagency agreement
  485  to that will eliminate duplication of inspections among the
  486  departments that inspect the same type of facility or structure.
  487  Parties to the agreement may include departments which are
  488  headed by a Cabinet officer, the Governor and Cabinet, or a
  489  collegial body. The agreement shall:
  490         (a) Authorize agents of one department to conduct
  491  inspections required to be performed by another department.
  492         (b) Specify that agents of the department conducting the
  493  inspection have all powers relative to the inspection as the
  494  agents of the department on whose behalf the inspection is being
  495  conducted.
  496         (c) Require that agents of the department conducting the
  497  inspection have sufficient knowledge of statutory and
  498  administrative inspection requirements to conduct a proper
  499  inspection.
  500         (d) Specify that the departments entering which have
  501  entered into the agreement may not neither charge or nor accept
  502  any funds with respect to duties performed under the agreement
  503  which are in excess of the direct costs of conducting the such
  504  inspections.
  505         (2) Before taking effect, an agreement entered into under
  506  this section must be approved by the Governor. Inspections
  507  conducted under an agreement are shall be deemed sufficient for
  508  enforcement purposes pursuant to the agreement or as otherwise
  509  provided by law.
  510         (2) No later than 60 days prior to the beginning of the
  511  regular session, the Governor shall make an annual report to the
  512  President of the Senate and the Speaker of the House of
  513  Representatives regarding interagency agreements. The report
  514  shall identify each interagency agreement entered into under
  515  this section, and, for each agreement, shall describe the
  516  duplication eliminated, provide data that measures the
  517  effectiveness of inspections conducted under the interagency
  518  agreement, and estimate the cost savings that have resulted from
  519  the agreement. The report shall also describe obstacles
  520  encountered by any department in attempting to develop an
  521  interagency agreement and in performing duties resulting from an
  522  interagency agreement and shall recommend appropriate remedial
  523  legislative action.
  524         Section 8. Paragraphs (e), (f), and (g) of subsection (4)
  525  of section 20.316, Florida Statutes, are repealed.
  526         Section 9. Paragraph (l) of subsection (1) of section
  527  20.43, Florida Statutes, is amended to read:
  528         20.43 Department of Health.—There is created a Department
  529  of Health.
  530         (1) The purpose of the Department of Health is to promote
  531  and protect the health of all residents and visitors in the
  532  state through organized state and community efforts, including
  533  cooperative agreements with counties. The department shall:
  534         (l) Include in its long-range program the department’s
  535  strategic plan developed under s. 186.021 an assessment of
  536  current health programs, systems, and costs; projections of
  537  future problems and opportunities; and recommended changes that
  538  are needed in the health care system to improve the public
  539  health.
  540         Section 10. Paragraph (h) of subsection (2) of section
  541  39.4086, Florida Statutes, is amended to read:
  542         39.4086 Pilot program for attorneys ad litem for dependent
  543  children.—
  544         (2) RESPONSIBILITIES.—
  545         (h) The Statewide Guardian Ad Litem Office of the State
  546  Courts Administrator shall conduct research and gather
  547  statistical information to evaluate the establishment,
  548  operation, and impact of the pilot program in meeting the legal
  549  needs of dependent children. In assessing the effects of the
  550  pilot program, including achievement of outcomes identified
  551  under paragraph (b), the evaluation must include a comparison of
  552  children within the Ninth Judicial Circuit who are appointed an
  553  attorney ad litem with those who are not. The office shall
  554  submit a report to the Legislature and the Governor by October
  555  1, 2001, and by October 1, 2002, regarding its findings. The
  556  office shall submit a final report by October 1, 2003, which
  557  must include an evaluation of the pilot program; findings on the
  558  feasibility of a statewide program; and recommendations, if any,
  559  for locating, establishing, and operating a statewide program.
  560         Section 11. Subsections (1) and (3) of section 98.255,
  561  Florida Statutes, are amended to read:
  562         98.255 Voter education programs.—
  563         (1) By March 1, 2002, The Department of State shall adopt
  564  rules prescribing minimum standards for nonpartisan voter
  565  education. In developing the rules, the department shall review
  566  current voter education programs within each county of the
  567  state. The standards shall, at a minimum, address, but are not
  568  limited to, the following subjects:
  569         (a) Voter registration;
  570         (b) Balloting procedures, absentee and polling place;
  571         (c) Voter rights and responsibilities;
  572         (d) Distribution of sample ballots; and
  573         (e) Public service announcements.
  574         (3)(a) By December 15 of each general election year, each
  575  supervisor of elections shall report to the Department of State
  576  a detailed description of the voter education programs
  577  implemented and any other information that may be useful in
  578  evaluating the effectiveness of voter education efforts.
  579         (b) The Department of State, upon receipt of such
  580  information, shall prepare a public report on the effectiveness
  581  of voter education programs and shall submit the report to the
  582  Governor, the President of the Senate, and the Speaker of the
  583  House of Representatives by January 31 of each year following a
  584  general election.
  585         (c) The department of State shall reexamine the rules
  586  adopted pursuant to subsection (1) and use consider the findings
  587  in these reports the report as a basis for modifying the
  588  adopting modified rules to that incorporate successful voter
  589  education programs and techniques, as necessary.
  590         Section 12. Paragraph (a) of subsection (7) of section
  591  110.1227, Florida Statutes, is amended to read:
  592         110.1227 Florida Employee Long-Term-Care Plan Act.—
  593         (7) The board of directors of the Florida Long-Term-Care
  594  Plan shall:
  595         (a) Upon implementation, prepare an annual report of the
  596  plan, with the assistance of an actuarial consultant, to be
  597  submitted to the Speaker of the House of Representatives, the
  598  President of the Senate, the Governor, and the Legislature the
  599  Minority Leaders of the Senate and the House of Representatives.
  600         Section 13. Subsection (9) of section 120.542, Florida
  601  Statutes, is amended to read:
  602         120.542 Variances and waivers.—
  603         (9) Each agency shall maintain a record of the type and
  604  disposition of each petition, including temporary or emergency
  605  variances and waivers, filed pursuant to this section. On
  606  October 1 of each year, each agency shall file a report with the
  607  Governor, the President of the Senate, and the Speaker of the
  608  House of Representatives listing the number of petitions filed
  609  requesting variances to each agency rule, the number of
  610  petitions filed requesting waivers to each agency rule, and the
  611  disposition of all petitions. Temporary or emergency variances
  612  and waivers, and the reasons for granting or denying temporary
  613  or emergency variances and waivers, shall be identified
  614  separately from other waivers and variances.
  615         Section 14. Subsection (3) of section 121.45, Florida
  616  Statutes, is amended to read:
  617         121.45 Interstate compacts relating to pension
  618  portability.—
  619         (3) ESTABLISHMENT OF COMPACTS.—
  620         (a) The Department of Management Services shall is
  621  authorized and directed to survey other state retirement systems
  622  to determine if such retirement systems are interested in
  623  developing an interstate compact with Florida.
  624         (b) If another any such state is interested in pursuing the
  625  matter, the department shall confer with the other state, and
  626  the consulting actuaries of both states, and shall present its
  627  findings to the committees having jurisdiction over retirement
  628  matters in the Legislature, and to representatives of affected
  629  certified bargaining units, in order to determine the
  630  feasibility of developing a portability compact, what groups
  631  should be covered, and the goals and priorities which should
  632  guide such development.
  633         (c) Upon a determination that such a compact is feasible
  634  and upon request of the Legislature, the department, together
  635  with its consulting actuaries, shall, in accordance with said
  636  goals and priorities, develop a proposal under which retirement
  637  credit may be transferred to or from Florida in an actuarially
  638  sound manner and shall present the proposal to the Governor and
  639  the Legislature for consideration.
  640         (d) Once a proposal has been developed, the department
  641  shall contract with its consulting actuaries to conduct an
  642  actuarial study of the proposal to determine the cost to the
  643  Florida Retirement System Trust Fund and the State of Florida.
  644         (e) After the actuarial study has been completed, the
  645  department shall present its findings and the actuarial study to
  646  the Legislature for consideration. If either house of the
  647  Legislature elects to enter into such a compact, it shall be
  648  introduced in the form of a proposed committee bill to the full
  649  Legislature during the same or next regular session.
  650         Section 15. Section 153.952, Florida Statutes, is repealed.
  651         Section 16. Subsections (3) through (22) of section
  652  161.053, Florida Statutes, are amended to read:
  653         161.053 Coastal construction and excavation; regulation on
  654  county basis.—
  655         (3) It is the intent of the Legislature that any coastal
  656  construction control line that has not been updated since June
  657  30, 1980, shall be considered a critical priority for
  658  reestablishment by the department. In keeping with this intent,
  659  the department shall notify the Legislature if all such lines
  660  cannot be reestablished by December 31, 1997, so that the
  661  Legislature may subsequently consider interim lines of
  662  jurisdiction for the remaining counties.
  663         (3)(4)A Any coastal county or coastal municipality may
  664  establish coastal construction zoning and building codes in lieu
  665  of the provisions of this section if, provided such zones and
  666  codes are approved by the department as being adequate to
  667  preserve and protect the beaches and coastal barrier dunes
  668  adjacent to such beaches, which are under the jurisdiction of
  669  the department, from imprudent construction that will jeopardize
  670  the stability of the beach-dune system, accelerate erosion,
  671  provide inadequate protection to upland structures, endanger
  672  adjacent properties, or interfere with public beach access.
  673  Exceptions to locally established coastal construction zoning
  674  and building codes may shall not be granted unless previously
  675  approved by the department. It is The intent of this subsection
  676  is to provide for the local administration of established
  677  coastal construction control lines through approved zoning and
  678  building codes if where desired by local interests and where
  679  such local interests have, in the judgment of the department,
  680  sufficient funds and personnel to adequately administer the
  681  program. Should the department determine at any time that the
  682  program is inadequately administered, the department may shall
  683  have authority to revoke the authority granted to the county or
  684  municipality.
  685         (4)(5) Except in those areas where local zoning and
  686  building codes have been established pursuant to subsection (3)
  687  (4), a permit to alter, excavate, or construct on property
  688  seaward of established coastal construction control lines may be
  689  granted by the department as follows:
  690         (a) The department may authorize an excavation or erection
  691  of a structure at any coastal location as described in
  692  subsection (1) upon receipt of an application from a property or
  693  and/or riparian owner and upon the consideration of facts and
  694  circumstances, including:
  695         1. Adequate engineering data concerning shoreline stability
  696  and storm tides related to shoreline topography;
  697         2. Design features of the proposed structures or
  698  activities; and
  699         3. Potential effects impacts of the location of the such
  700  structures or activities, including potential cumulative effects
  701  of any proposed structures or activities upon the such beach
  702  dune system, which, in the opinion of the department, clearly
  703  justify such a permit.
  704         (b) If in the immediate contiguous or adjacent area a
  705  number of existing structures have established a reasonably
  706  continuous and uniform construction line closer to the line of
  707  mean high water than the foregoing, and if the existing
  708  structures have not been unduly affected by erosion, a proposed
  709  structure may, at the discretion of the department, be permitted
  710  along such line on written authorization from the department if
  711  the such structure is also approved by the department. However,
  712  the department may shall not contravene setback requirements or
  713  zoning or building codes established by a county or municipality
  714  which are equal to, or more strict than, the those requirements
  715  provided in this subsection herein. This paragraph does not
  716  prohibit the department from requiring structures to meet design
  717  and siting criteria established in paragraph (a) or in
  718  subsection (1) or subsection (2).
  719         (c) The department may condition the nature, timing, and
  720  sequence of construction of permitted activities to provide
  721  protection to nesting sea turtles and hatchlings and their
  722  habitat, pursuant to s. 379.2431, and to native salt-resistant
  723  vegetation and endangered plant communities.
  724         (d) The department may require such engineer certifications
  725  as necessary to ensure assure the adequacy of the design and
  726  construction of permitted projects.
  727         (e) The department shall limit the construction of
  728  structures that which interfere with public access along the
  729  beach. However, the department may require, as a condition of to
  730  granting permits, the provision of alternative access if when
  731  interference with public access along the beach is unavoidable.
  732  The width of the such alternate access may not be required to
  733  exceed the width of the access that will be obstructed as a
  734  result of the permit being granted.
  735         (f) The department may, as a condition of to the granting
  736  of a permit under this section, require mitigation, financial,
  737  or other assurances acceptable to the department as may be
  738  necessary to ensure assure performance of conditions of a permit
  739  or enter into contractual agreements to best assure compliance
  740  with any permit conditions. The department may also require
  741  notice of the permit conditions required and the contractual
  742  agreements entered into pursuant to the provisions of this
  743  subsection to be filed in the public records of the county in
  744  which the permitted activity is located.
  745         (5)(6)(a) As used in this subsection, the term:
  746         1. “Frontal dune” means the first natural or manmade mound
  747  or bluff of sand which is located landward of the beach and
  748  which has sufficient vegetation, height, continuity, and
  749  configuration to offer protective value.
  750         2. “Seasonal high-water line” means the line formed by the
  751  intersection of the rising shore and the elevation of 150
  752  percent of the local mean tidal range above local mean high
  753  water.
  754         (b) After October 1, 1985, and Notwithstanding any other
  755  provision of this part, the department, or a local government to
  756  which the department has delegated permitting authority pursuant
  757  to subsections (3) (4) and (15) (16), may shall not issue a any
  758  permit for any structure, other than a coastal or shore
  759  protection structure, minor structure, or pier, meeting the
  760  requirements of this part, or other than intake and discharge
  761  structures for a facility sited pursuant to part II of chapter
  762  403, which is proposed for a location that which, based on the
  763  department’s projections of erosion in the area, will be seaward
  764  of the seasonal high-water line within 30 years after the date
  765  of application for the such permit. The procedures for
  766  determining such erosion shall be established by rule. In
  767  determining the area that which will be seaward of the seasonal
  768  high-water line in 30 years, the department may shall not
  769  include any areas landward of a coastal construction control
  770  line.
  771         (c) If Where the application of paragraph (b) would
  772  preclude the construction of a structure, the department may
  773  issue a permit for a single-family dwelling for the parcel if so
  774  long as:
  775         1. The parcel for which the single-family dwelling is
  776  proposed was platted or subdivided by metes and bounds before
  777  the effective date of this section;
  778         2. The owner of the parcel for which the single-family
  779  dwelling is proposed does not own another parcel immediately
  780  adjacent to and landward of the parcel for which the dwelling is
  781  proposed;
  782         3. The proposed single-family dwelling is located landward
  783  of the frontal dune structure; and
  784         4. The proposed single-family dwelling will be as far
  785  landward on its parcel as is practicable without being located
  786  seaward of or on the frontal dune.
  787         (d) In determining the land areas that which will be below
  788  the seasonal high-water line within 30 years after the permit
  789  application date, the department shall consider the effect
  790  impact on the erosion rates of an existing beach nourishment or
  791  restoration project or of a beach nourishment or restoration
  792  project for which all funding arrangements have been made and
  793  all permits have been issued at the time the application is
  794  submitted. The department shall consider each year there is sand
  795  seaward of the erosion control line whether that no erosion took
  796  place that year. However, the seaward extent of the beach
  797  nourishment or restoration project beyond the erosion control
  798  line may shall not be considered in determining the applicable
  799  erosion rates. Nothing in This subsection does not shall
  800  prohibit the department from requiring structures to meet the
  801  criteria established in subsection (1), subsection (2), or
  802  subsection (4) (5) or to be further landward than required by
  803  this subsection based on the criteria established in subsection
  804  (1), subsection (2), or subsection (4) (5).
  805         (e) The department shall annually report to the Legislature
  806  the status of this program, including any changes to the
  807  previously adopted procedures for determining erosion
  808  projections.
  809         (6)(7) Any coastal structure erected, or excavation
  810  created, in violation of the provisions of this section is
  811  hereby declared to be a public nuisance; and such structure
  812  shall be forthwith removed or such excavation shall be forthwith
  813  refilled after written notice by the department directing such
  814  removal or filling. If In the event the structure is not removed
  815  or the excavation refilled within a reasonable time as directed,
  816  the department may remove such structure or fill such excavation
  817  at its own expense; and the costs thereof shall become a lien on
  818  upon the property of the upland owner upon which the such
  819  unauthorized structure or excavation is located.
  820         (7)(8) Any person, firm, corporation, or agent thereof who
  821  violates this section commits is guilty of a misdemeanor of the
  822  first degree, punishable as provided in s. 775.082 or s.
  823  775.083,; except that a person driving a any vehicle on, over,
  824  or across a any sand dune and damaging or causing to be damaged
  825  such sand dune or the vegetation growing thereon in violation of
  826  this section commits is guilty of a misdemeanor of the second
  827  degree, punishable as provided in s. 775.082 or s. 775.083. A
  828  person, firm, corporation, or agent thereof commits shall be
  829  deemed guilty of a separate offense for each day during any
  830  portion of which a any violation of this section is committed or
  831  continued.
  832         (8)(9)The provisions of This section does do not apply to
  833  structures intended for shore protection purposes which are
  834  regulated by s. 161.041 or to structures existing or under
  835  construction before prior to the establishment of the coastal
  836  construction control line if the as provided herein, provided
  837  such structures are may not be materially altered except as
  838  provided in subsection (4) (5). Except for structures that have
  839  been materially altered, structures determined to be under
  840  construction at the time of the establishment or reestablishment
  841  of the coastal construction control line are shall be exempt
  842  from the provisions of this section. However, unless such an
  843  exemption has been judicially confirmed to exist before prior to
  844  April 10, 1992, the exemption shall last only for a period of 3
  845  years from either the date of the determination of the exemption
  846  or April 10, 1992, whichever occurs later. The department may
  847  extend the exemption period for structures that require longer
  848  periods for completion if of their construction, provided that
  849  construction during the initial exemption period is has been
  850  continuous. For purposes of this subsection, the term
  851  “continuous” means following a reasonable sequence of
  852  construction without significant or unreasonable periods of work
  853  stoppage.
  854         (9)(10) The department may by regulation exempt
  855  specifically described portions of the coastline from the
  856  provisions of this section if, when in its judgment, such
  857  portions of coastline because of their nature are not subject to
  858  erosion of a substantially damaging effect to the public.
  859         (10)(11) Pending the establishment of coastal construction
  860  control lines as provided herein, the provisions of s. 161.052
  861  shall remain in force. However, upon the establishment of
  862  coastal construction control lines, or the establishment of
  863  coastal construction zoning and building codes as provided in
  864  subsection (3) (4), the provisions of s. 161.052 shall be
  865  superseded by the provisions of this section.
  866         (11)(12)(a) The coastal construction control requirements
  867  defined in subsection (1) and the requirements of the erosion
  868  projections in pursuant to subsection (5) (6) do not apply to
  869  any modification, maintenance, or repair of to any existing
  870  structure within the limits of the existing foundation which
  871  does not require, involve, or include any additions to, or
  872  repair or modification of, the existing foundation of that
  873  structure. Specifically excluded from this exemption are
  874  seawalls or other rigid coastal or shore protection structures
  875  and any additions or enclosures added, constructed, or installed
  876  below the first dwelling floor or lowest deck of the existing
  877  structure.
  878         (b) Activities seaward of the coastal construction control
  879  line which are determined by the department not to cause a
  880  measurable interference with the natural functioning of the
  881  coastal system are exempt from the requirements of in subsection
  882  (4) (5).
  883         (c) The department may establish exemptions from the
  884  requirements of this section for minor activities determined by
  885  the department not to have an adverse effect impacts on the
  886  coastal system. Examples of such activities include, but are not
  887  limited to:
  888         1. Boat moorings;
  889         2. Maintenance of existing beach-dune beach/dune
  890  vegetation;
  891         3. The burial of seaweed, dead fish, whales, or other
  892  marine animals on the unvegetated beach;
  893         4. The removal of piers or other derelict structures from
  894  the unvegetated beach or seaward of mean high water;
  895         5. Temporary emergency vehicular access, if the affected
  896  provided any impacted area is immediately restored;
  897         6. The removal of any existing structures or debris from
  898  the upland, if provided there is no excavation or disturbance to
  899  the existing topography or to beach-dune beach/dune vegetation;
  900         7. Construction of a any new roof overhang extending no
  901  more than 4 feet beyond the confines of the existing foundation
  902  during modification, renovation, or reconstruction of a
  903  habitable structure within the confines of the existing
  904  foundation of that structure which does not include any
  905  additions to or modification of the existing foundation of that
  906  structure;
  907         8. Minor and temporary excavation for the purpose of
  908  repairs to existing subgrade residential service utilities
  909  (e.g., water and sewer lines, septic tanks and drainfields,
  910  electrical and telephone cables, and gas lines), if provided
  911  that there is minimal disturbance and the that grade is restored
  912  with fill compatible in both coloration and grain size to the
  913  onsite material and any damaged or destroyed vegetation is
  914  restored using similar vegetation; and
  915         9. Any other minor construction that has an effect with
  916  impacts similar to the above activities.
  917         (12)(13)(a) Notwithstanding the coastal construction
  918  control requirements defined in subsection (1) or the erosion
  919  projection determined pursuant to subsection (5) (6), the
  920  department may, at its discretion, issue a permit for the repair
  921  or rebuilding within the confines of the original foundation of
  922  a major structure pursuant to the provisions of subsection (4)
  923  (5). Alternatively, the department may also, at its discretion,
  924  issue a permit for a more landward relocation or rebuilding of a
  925  damaged or existing structure if such relocation or rebuilding
  926  would not cause further harm to the beach-dune system, and if,
  927  in the case of rebuilding, the such rebuilding complies with the
  928  provisions of subsection (4) (5), and otherwise complies with
  929  the provisions of this subsection.
  930         (b) Under no circumstances shall The department may not
  931  permit such repairs or rebuilding that expands expand the
  932  capacity of the original structure seaward of the 30-year
  933  erosion projection established pursuant to subsection (5) (6).
  934         (c) In reviewing applications for relocation or rebuilding,
  935  the department shall specifically consider changes in shoreline
  936  conditions, the availability of other relocation or rebuilding
  937  options, and the design adequacy of the project sought to be
  938  rebuilt.
  939         (d) Permits issued under this subsection are shall not be
  940  considered precedential as to the issuance of subsequent
  941  permits.
  942         (13)(14) Concurrent with the establishment of a coastal
  943  construction control line and the ongoing administration of this
  944  chapter, the secretary of the department shall make
  945  recommendations to the Board of Trustees of the Internal
  946  Improvement Trust Fund concerning the purchase of the fee or any
  947  lesser interest in any lands seaward of the control line
  948  pursuant to the state’s Save Our Coast, Conservation and
  949  Recreation Lands, or Outdoor Recreation Land acquisition
  950  programs; and, with respect to those control lines established
  951  pursuant to this section before prior to June 14, 1978, the
  952  secretary may make such recommendations.
  953         (14)(15) A coastal county or municipality fronting on the
  954  Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
  955  shall advise the department within 5 days after receipt of any
  956  permit application for construction or other activities proposed
  957  to be located seaward of the line established by the department
  958  pursuant to the provisions of this section. Within 5 days after
  959  receipt of such application, the county or municipality shall
  960  notify the applicant of the requirements for state permits.
  961         (15)(16) In keeping with the intent of subsection (3) (4),
  962  and at the discretion of the department, authority for
  963  permitting certain types of activities that which have been
  964  defined by the department may be delegated by the department to
  965  a coastal county or coastal municipality. Such partial
  966  delegation shall be narrowly construed to those particular
  967  activities specifically named in the delegation and agreed to by
  968  the affected county or municipality., and The delegation may be
  969  revoked by the department at any time if it is determined that
  970  the delegation is improperly or inadequately administered.
  971         (16)(17) The department may, at the request of a property
  972  owner, contract with the such property owner for an agreement,
  973  or modify an existing contractual agreement regulating
  974  development activities landward of a coastal construction
  975  control line, if provided that nothing within the contractual
  976  agreement is consistent shall be inconsistent with the design
  977  and siting provisions of this section. In no case shall The
  978  contractual agreement may not bind either party for a period
  979  longer than 5 years following from its date of execution. Before
  980  Prior to beginning a any construction activity covered by the
  981  agreement, the property owner must shall obtain the necessary
  982  authorization required by the agreement. The agreement may shall
  983  not authorize construction for:
  984         (a) Major habitable structures that which would require
  985  construction beyond the expiration of the agreement, unless such
  986  construction is above the completed foundation; or
  987         (b) Nonhabitable major structures or minor structures,
  988  unless such construction is was authorized at the same time as
  989  the habitable major structure.
  990         (17)(18) The department may is authorized to grant areawide
  991  permits to local governments, other governmental agencies, and
  992  utility companies for special classes of activities in areas
  993  under their general jurisdiction or responsibility if, so long
  994  as these activities, due to the type, size, or temporary nature
  995  of the activity, will not cause measurable interference with the
  996  natural functioning of the beach-dune beach dune system or with
  997  marine turtles or their nesting sites. Such activities shall
  998  include, but are not be limited to: road repairs, not including
  999  new construction; utility repairs and replacements, or other
 1000  minor activities necessary to provide utility services; beach
 1001  cleaning; and emergency response. The department may adopt rules
 1002  to establish criteria and guidelines for use by permit
 1003  applicants. The department must shall require notice provisions
 1004  appropriate to the type and nature of the activities for which
 1005  the areawide permits are sought.
 1006         (18)(19) The department may is authorized to grant general
 1007  permits for projects, including dune walkovers, decks, fences,
 1008  landscaping, sidewalks, driveways, pool resurfacing, minor pool
 1009  repairs, and other nonhabitable structures, if the so long as
 1010  these projects, due to their the type, size, or temporary nature
 1011  of the project, will not cause a measurable interference with
 1012  the natural functioning of the beach-dune beach dune system or
 1013  with marine turtles or their nesting sites. In no event shall
 1014  Multifamily habitable structures do not qualify for general
 1015  permits. However, single-family habitable structures that which
 1016  do not advance the line of existing construction and satisfy all
 1017  siting and design requirements of this section may be eligible
 1018  for a general permit pursuant to this subsection. The department
 1019  may adopt rules to establish criteria and guidelines for use by
 1020  permit applicants.
 1021         (a) Persons wishing to use the general permits must set
 1022  forth in this subsection shall, at least 30 days before
 1023  beginning any work, notify the department in writing on forms
 1024  adopted by the department. The notice must shall include a
 1025  description of the proposed project and supporting documents
 1026  depicting the proposed project, its location, and other
 1027  pertinent information as required by rule, to demonstrate that
 1028  the proposed project qualifies for the requested general permit.
 1029  Persons who undertake projects without proof of notice to the
 1030  department, but whose projects would otherwise qualify for
 1031  general permits, shall be considered to have as being undertaken
 1032  a project without a permit and are shall be subject to
 1033  enforcement pursuant to s. 161.121.
 1034         (b) Persons wishing to use a general permit must provide
 1035  notice as required by the applicable local building code where
 1036  the project will be located. If a building code requires no
 1037  notice, any person wishing to use a general permit must, at a
 1038  minimum, post on the property at least 5 days before commencing
 1039  prior to the commencement of construction a sign no smaller than
 1040  88 square inches, with letters no smaller than one-quarter inch,
 1041  describing the project.
 1042         (19)(20)(a) The department may suspend or revoke the use of
 1043  a general or areawide permit for good cause, including:
 1044  submission of false or inaccurate information in the
 1045  notification for use of a general or areawide permit; violation
 1046  of law, department orders, or rules relating to permit
 1047  conditions; deviation from the specified activity or project
 1048  indicated or the conditions for undertaking the activity or
 1049  project; refusal of lawful inspection; or any other act by on
 1050  the permittee permittee’s part in using the general or areawide
 1051  permit which results or may result in harm or injury to human
 1052  health or welfare, or which causes harm or injury to animal,
 1053  plant, or aquatic life or to property.
 1054         (b) The department shall have access to the permitted
 1055  activity or project at reasonable times to inspect and determine
 1056  compliance with the permit and department rules.
 1057         (20)(21) The department may is authorized to adopt rules
 1058  related to the following provisions of this section:
 1059  establishment of coastal construction control lines; activities
 1060  seaward of the coastal construction control line; exemptions;
 1061  property owner agreements; delegation of the program; permitting
 1062  programs; and violations and penalties.
 1063         (21)(22) In accordance with ss. 553.73 and 553.79, and upon
 1064  the effective date of the Florida Building Code, the provisions
 1065  of this section which pertain to and govern the design,
 1066  construction, erection, alteration, modification, repair, and
 1067  demolition of public and private buildings, structures, and
 1068  facilities shall be incorporated into the Florida Building Code.
 1069  The Florida Building Commission may shall have the authority to
 1070  adopt rules pursuant to ss. 120.536 and 120.54 in order to
 1071  administer implement those provisions. This subsection does not
 1072  limit or abrogate the right and authority of the department to
 1073  require permits or to adopt and enforce environmental standards,
 1074  including, but not limited to, standards for ensuring the
 1075  protection of the beach-dune system, proposed or existing
 1076  structures, adjacent properties, marine turtles, native salt
 1077  resistant vegetation, endangered plant communities, and the
 1078  preservation of public beach access.
 1079         Section 17. Subsection (2) of section 161.161, Florida
 1080  Statutes, is amended to read:
 1081         161.161 Procedure for approval of projects.—
 1082         (2) Annually Upon approval of the beach management plan,
 1083  the secretary shall present to the Legislature President of the
 1084  Senate, the Speaker of the House of Representatives, and the
 1085  chairs of the legislative appropriations committees
 1086  recommendations for funding of beach erosion control projects
 1087  prioritized according to the. Such recommendations shall be
 1088  presented to such members of the Legislature in the priority
 1089  order specified in the plan and established pursuant to criteria
 1090  established contained in s. 161.101(14).
 1091         Section 18. Section 163.2526, Florida Statutes, is
 1092  repealed.
 1093         Section 19. Subsection (2) of section 163.3167, Florida
 1094  Statutes, is amended to read:
 1095         163.3167 Scope of act.—
 1096         (2) Each local government shall prepare a comprehensive
 1097  plan of the type and in the manner set out in this part act or
 1098  shall prepare amendments to its existing comprehensive plan to
 1099  conform it to the requirements of this part and in the manner
 1100  set out in this part. Each local government, in accordance with
 1101  the procedures in s. 163.3184, shall submit its complete
 1102  proposed comprehensive plan or its complete comprehensive plan
 1103  as proposed to be amended to the state land planning agency by
 1104  the date specified in the rule adopted by the state land
 1105  planning agency pursuant to this subsection. The state land
 1106  planning agency shall, prior to October 1, 1987, adopt a
 1107  schedule of local governments required to submit complete
 1108  proposed comprehensive plans or comprehensive plans as proposed
 1109  to be amended. Such schedule shall specify the exact date of
 1110  submission for each local government, shall establish equal,
 1111  staggered submission dates, and shall be consistent with the
 1112  following time periods:
 1113         (a) Beginning on July 1, 1988, and on or before July 1,
 1114  1990, each county that is required to include a coastal
 1115  management element in its comprehensive plan and each
 1116  municipality in such a county; and
 1117         (b) Beginning on July 1, 1989, and on or before July 1,
 1118  1991, all other counties or municipalities.
 1119  
 1120  Nothing herein shall preclude the state land planning agency
 1121  from permitting by rule a county together with each municipality
 1122  in the county from submitting a proposed comprehensive plan
 1123  earlier than the dates established in paragraphs (a) and (b).
 1124  Any county or municipality that fails to meet the schedule set
 1125  for submission of its proposed comprehensive plan by more than
 1126  90 days shall be subject to the sanctions described in s.
 1127  163.3184(11)(a) imposed by the Administration Commission.
 1128  Notwithstanding the time periods established in this subsection,
 1129  the state land planning agency may establish later deadlines for
 1130  the submission of proposed comprehensive plans or comprehensive
 1131  plans as proposed to be amended for a county or municipality
 1132  which has all or a part of a designated area of critical state
 1133  concern within its boundaries; however, such deadlines shall not
 1134  be extended to a date later than July 1, 1991, or the time of
 1135  de-designation, whichever is earlier.
 1136         Section 20. Paragraph (h) of subsection (6) and paragraph
 1137  (k) of subsection (10) of section 163.3177, Florida Statutes,
 1138  are amended to read:
 1139         163.3177 Required and optional elements of comprehensive
 1140  plan; studies and surveys.—
 1141         (6) In addition to the requirements of subsections (1)-(5)
 1142  and (12), the comprehensive plan shall include the following
 1143  elements:
 1144         (h)1. An intergovernmental coordination element showing
 1145  relationships and stating principles and guidelines to be used
 1146  in coordinating the accomplishment of coordination of the
 1147  adopted comprehensive plan with the plans of school boards,
 1148  regional water supply authorities, and other units of local
 1149  government providing services but not having regulatory
 1150  authority over the use of land, with the comprehensive plans of
 1151  adjacent municipalities, the county, adjacent counties, or the
 1152  region, with the state comprehensive plan and with the
 1153  applicable regional water supply plan approved pursuant to s.
 1154  373.0361, as the case may require and as such adopted plans or
 1155  plans in preparation may exist. This element of the local
 1156  comprehensive plan must shall demonstrate consideration of the
 1157  particular effects of the local plan, when adopted, upon the
 1158  development of adjacent municipalities, the county, adjacent
 1159  counties, or the region, or upon the state comprehensive plan,
 1160  as the case may require.
 1161         a. The intergovernmental coordination element must shall
 1162  provide for procedures for identifying and implementing to
 1163  identify and implement joint planning areas, especially for the
 1164  purpose of annexation, municipal incorporation, and joint
 1165  infrastructure service areas.
 1166         b. The intergovernmental coordination element must shall
 1167  provide for recognition of campus master plans prepared pursuant
 1168  to s. 1013.30.
 1169         c. The intergovernmental coordination element may provide
 1170  for a voluntary dispute resolution process, as established
 1171  pursuant to s. 186.509, for bringing to closure in a timely
 1172  manner intergovernmental disputes to closure in a timely manner.
 1173  A local government may also develop and use an alternative local
 1174  dispute resolution process for this purpose.
 1175         2. The intergovernmental coordination element shall also
 1176  further state principles and guidelines to be used in
 1177  coordinating the accomplishment of coordination of the adopted
 1178  comprehensive plan with the plans of school boards and other
 1179  units of local government providing facilities and services but
 1180  not having regulatory authority over the use of land. In
 1181  addition, the intergovernmental coordination element must shall
 1182  describe joint processes for collaborative planning and
 1183  decisionmaking on population projections and public school
 1184  siting, the location and extension of public facilities subject
 1185  to concurrency, and siting facilities with countywide
 1186  significance, including locally unwanted land uses whose nature
 1187  and identity are established in an agreement. Within 1 year
 1188  after of adopting their intergovernmental coordination elements,
 1189  each county, all the municipalities within that county, the
 1190  district school board, and any unit of local government service
 1191  providers in that county shall establish by interlocal or other
 1192  formal agreement executed by all affected entities, the joint
 1193  processes described in this subparagraph consistent with their
 1194  adopted intergovernmental coordination elements.
 1195         3. To foster coordination between special districts and
 1196  local general-purpose governments as local general-purpose
 1197  governments implement local comprehensive plans, each
 1198  independent special district must submit a public facilities
 1199  report to the appropriate local government as required by s.
 1200  189.415.
 1201         4.a. Local governments must execute an interlocal agreement
 1202  with the district school board, the county, and nonexempt
 1203  municipalities pursuant to s. 163.31777. The local government
 1204  shall amend the intergovernmental coordination element to ensure
 1205  provide that coordination between the local government and
 1206  school board is pursuant to the agreement and shall state the
 1207  obligations of the local government under the agreement.
 1208         b. Plan amendments that comply with this subparagraph are
 1209  exempt from the provisions of s. 163.3187(1).
 1210         5. The state land planning agency shall establish a
 1211  schedule for phased completion and transmittal of plan
 1212  amendments to implement subparagraphs 1., 2., and 3. from all
 1213  jurisdictions so as to accomplish their adoption by December 31,
 1214  1999. A local government may complete and transmit its plan
 1215  amendments to carry out these provisions prior to the scheduled
 1216  date established by the state land planning agency. The plan
 1217  amendments are exempt from the provisions of s. 163.3187(1).
 1218         5.6. By January 1, 2004, any county having a population
 1219  greater than 100,000, and the municipalities and special
 1220  districts within that county, shall submit a report to the
 1221  Department of Community Affairs which identifies:
 1222         a. Identifies All existing or proposed interlocal service
 1223  delivery agreements relating to regarding the following:
 1224  education; sanitary sewer; public safety; solid waste; drainage;
 1225  potable water; parks and recreation; and transportation
 1226  facilities.
 1227         b. Identifies Any deficits or duplication in the provision
 1228  of services within its jurisdiction, whether capital or
 1229  operational. Upon request, the Department of Community Affairs
 1230  shall provide technical assistance to the local governments in
 1231  identifying deficits or duplication.
 1232         6.7. Within 6 months after submission of the report, the
 1233  Department of Community Affairs shall, through the appropriate
 1234  regional planning council, coordinate a meeting of all local
 1235  governments within the regional planning area to discuss the
 1236  reports and potential strategies to remedy any identified
 1237  deficiencies or duplications.
 1238         7.8. Each local government shall update its
 1239  intergovernmental coordination element based upon the findings
 1240  in the report submitted pursuant to subparagraph 5. 6. The
 1241  report may be used as supporting data and analysis for the
 1242  intergovernmental coordination element.
 1243         (10) The Legislature recognizes the importance and
 1244  significance of chapter 9J-5, Florida Administrative Code, the
 1245  Minimum Criteria for Review of Local Government Comprehensive
 1246  Plans and Determination of Compliance of the Department of
 1247  Community Affairs that will be used to determine compliance of
 1248  local comprehensive plans. The Legislature reserved unto itself
 1249  the right to review chapter 9J-5, Florida Administrative Code,
 1250  and to reject, modify, or take no action relative to this rule.
 1251  Therefore, pursuant to subsection (9), the Legislature hereby
 1252  has reviewed chapter 9J-5, Florida Administrative Code, and
 1253  expresses the following legislative intent:
 1254         (k) In order for So that local governments are able to
 1255  prepare and adopt comprehensive plans with knowledge of the
 1256  rules that are will be applied to determine consistency of the
 1257  plans with provisions of this part, it is the intent of the
 1258  Legislature that there should be no doubt as to the legal
 1259  standing of chapter 9J-5, Florida Administrative Code, at the
 1260  close of the 1986 legislative session. Therefore, the
 1261  Legislature declares that changes made to chapter 9J-5 before,
 1262  Florida Administrative Code, prior to October 1, 1986, are shall
 1263  not be subject to rule challenges under s. 120.56(2), or to
 1264  drawout proceedings under s. 120.54(3)(c)2. The entire chapter
 1265  9J-5, Florida Administrative Code, as amended, is shall be
 1266  subject to rule challenges under s. 120.56(3), as nothing herein
 1267  indicates shall be construed to indicate approval or disapproval
 1268  of any portion of chapter 9J-5, Florida Administrative Code, not
 1269  specifically addressed herein. No challenge pursuant to s.
 1270  120.56(3) may be filed from July 1, 1987, through April 1, 1993.
 1271  Any amendments to chapter 9J-5, Florida Administrative Code,
 1272  exclusive of the amendments adopted prior to October 1, 1986,
 1273  pursuant to this act, shall be subject to the full chapter 120
 1274  process. All amendments shall have effective dates as provided
 1275  in chapter 120 and submission to the President of the Senate and
 1276  Speaker of the House of Representatives shall not be required.
 1277         Section 21. Subsection (6) of section 163.3178, Florida
 1278  Statutes, is amended to read:
 1279         163.3178 Coastal management.—
 1280         (6) Local governments are encouraged to adopt countywide
 1281  marina siting plans to designate sites for existing and future
 1282  marinas. The Coastal Resources Interagency Management Committee,
 1283  at the direction of the Legislature, shall identify incentives
 1284  to encourage local governments to adopt such siting plans and
 1285  uniform criteria and standards to be used by local governments
 1286  to implement state goals, objectives, and policies relating to
 1287  marina siting. These criteria must ensure that priority is given
 1288  to water-dependent land uses. The Coastal Resources Interagency
 1289  Management Committee shall submit its recommendations regarding
 1290  local government incentives to the Legislature by December 1,
 1291  1993. Countywide marina siting plans must be consistent with
 1292  state and regional environmental planning policies and
 1293  standards. Each local government in the coastal area which
 1294  participates in the adoption of a countywide marina siting plan
 1295  shall incorporate the plan into the coastal management element
 1296  of its local comprehensive plan.
 1297         Section 22. Subsection (12) of section 163.519, Florida
 1298  Statutes, is repealed.
 1299         Section 23. Subsection (9) of section 186.007, Florida
 1300  Statutes, is repealed.
 1301         Section 24. Subsection (5) of section 189.4035, Florida
 1302  Statutes, is amended to read:
 1303         189.4035 Preparation of official list of special
 1304  districts.—
 1305         (5) The official list of special districts shall be
 1306  available on the department’s website distributed by the
 1307  department on October 1 of each year to the President of the
 1308  Senate, the Speaker of the House of Representatives, the Auditor
 1309  General, the Department of Revenue, the Department of Financial
 1310  Services, the Department of Management Services, the State Board
 1311  of Administration, counties, municipalities, county property
 1312  appraisers, tax collectors, and supervisors of elections and to
 1313  all interested parties who request the list.
 1314         Section 25. Subsection (2) of section 189.412, Florida
 1315  Statutes, is amended to read:
 1316         189.412 Special District Information Program; duties and
 1317  responsibilities.—The Special District Information Program of
 1318  the Department of Community Affairs is created and has the
 1319  following special duties:
 1320         (2) The maintenance of a master list of independent and
 1321  dependent special districts which shall be available on the
 1322  department’s website annually updated and distributed to the
 1323  appropriate officials in state and local governments.
 1324         Section 26. Subsection (2) of section 194.034, Florida
 1325  Statutes, is amended to read:
 1326         194.034 Hearing procedures; rules.—
 1327         (2) If In each case, Except when a complaint is withdrawn
 1328  by the petitioner or is acknowledged as correct by the property
 1329  appraiser, the value adjustment board shall render a written
 1330  decision in each case. All such decisions shall be issued within
 1331  20 calendar days after of the last day the board is in session
 1332  under s. 194.032. The decision of the board must shall contain
 1333  findings of fact and conclusions of law and must shall include
 1334  reasons for upholding or overturning the determination of the
 1335  property appraiser. If When a special magistrate has been
 1336  appointed, the recommendations of the special magistrate shall
 1337  be considered by the board. The clerk, Upon issuance of the
 1338  board’s decision decisions, the clerk shall, on a form provided
 1339  by the Department of Revenue, notify by first-class mail each
 1340  taxpayer and, the property appraiser, and the department of the
 1341  decision of the board.
 1342         Section 27. Paragraph (b) of subsection (1) of section
 1343  206.606, Florida Statutes, is amended to read:
 1344         206.606 Distribution of certain proceeds.—
 1345         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
 1346  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
 1347  Fund. Such moneys, after deducting the service charges imposed
 1348  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
 1349  administrative costs incurred by the department in collecting,
 1350  administering, enforcing, and distributing the tax, which
 1351  administrative costs may not exceed 2 percent of collections,
 1352  shall be distributed monthly to the State Transportation Trust
 1353  Fund, except that:
 1354         (b) Annually, $2.5 million shall be transferred to the
 1355  State Game Trust Fund in the Fish and Wildlife Conservation
 1356  Commission in each fiscal year and used for recreational boating
 1357  activities, and freshwater fisheries management and research.
 1358  The transfers must be made in equal monthly amounts beginning on
 1359  July 1 of each fiscal year. The commission shall annually
 1360  determine where unmet needs exist for boating-related
 1361  activities, and may fund such activities in counties where, due
 1362  to the number of vessel registrations, sufficient financial
 1363  resources are unavailable.
 1364         1. A minimum of $1.25 million shall be used to fund local
 1365  projects to provide recreational channel marking and other
 1366  uniform waterway markers, public boat ramps, lifts, and hoists,
 1367  marine railways, and other public launching facilities, derelict
 1368  vessel removal, and other local boating-related activities. In
 1369  funding the projects, the commission shall give priority
 1370  consideration to as follows:
 1371         a. Unmet needs in counties having with populations of
 1372  100,000 or fewer less.
 1373         b. Unmet needs in coastal counties having with a high level
 1374  of boating-related activities from individuals residing in other
 1375  counties.
 1376         2. The remaining $1.25 million may be used for recreational
 1377  boating activities and freshwater fisheries management and
 1378  research.
 1379         3. The commission may is authorized to adopt rules pursuant
 1380  to ss. 120.536(1) and 120.54 to administer implement a Florida
 1381  Boating Improvement Program.
 1382  
 1383  On February 1 of each year, The commission shall prepare and
 1384  make available on its Internet website file an annual report
 1385  with the President of the Senate and the Speaker of the House of
 1386  Representatives outlining the status of its Florida Boating
 1387  Improvement Program, including the projects funded, and a list
 1388  of counties whose needs are unmet due to insufficient financial
 1389  resources from vessel registration fees.
 1390         Section 28. Paragraph (b) of subsection (4) of section
 1391  212.054, Florida Statutes, is amended to read:
 1392         212.054 Discretionary sales surtax; limitations,
 1393  administration, and collection.—
 1394         (4)
 1395         (b) The proceeds of a discretionary sales surtax collected
 1396  by the selling dealer located in a county imposing which imposes
 1397  the surtax shall be returned, less the cost of administration,
 1398  to the county where the selling dealer is located. The proceeds
 1399  shall be transferred to the Discretionary Sales Surtax Clearing
 1400  Trust Fund. A separate account shall be established in the such
 1401  trust fund for each county imposing a discretionary surtax. The
 1402  amount deducted for the costs of administration may shall not
 1403  exceed 3 percent of the total revenue generated for all counties
 1404  levying a surtax authorized in s. 212.055. The amount deducted
 1405  for the costs of administration may shall be used only for those
 1406  costs that which are solely and directly attributable to the
 1407  surtax. The total cost of administration shall be prorated among
 1408  those counties levying the surtax on the basis of the amount
 1409  collected for a particular county to the total amount collected
 1410  for all counties. No later than March 1 of each year, the
 1411  department shall submit a written report which details the
 1412  expenses and amounts deducted for the costs of administration to
 1413  the President of the Senate, the Speaker of the House of
 1414  Representatives, and the governing authority of each county
 1415  levying a surtax. The department shall distribute the moneys in
 1416  the trust fund each month to the appropriate counties each
 1417  month, unless otherwise provided in s. 212.055.
 1418         Section 29. Paragraph (j) of subsection (5) of section
 1419  212.08, Florida Statutes, is amended to read:
 1420         212.08 Sales, rental, use, consumption, distribution, and
 1421  storage tax; specified exemptions.—The sale at retail, the
 1422  rental, the use, the consumption, the distribution, and the
 1423  storage to be used or consumed in this state of the following
 1424  are hereby specifically exempt from the tax imposed by this
 1425  chapter.
 1426         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1427         (j) Machinery and equipment used in semiconductor, defense,
 1428  or space technology production.—
 1429         1.a. Industrial machinery and equipment used in
 1430  semiconductor technology facilities certified under subparagraph
 1431  5. to manufacture, process, compound, or produce semiconductor
 1432  technology products for sale or for use by these facilities are
 1433  exempt from the tax imposed by this chapter. For purposes of
 1434  this paragraph, industrial machinery and equipment includes
 1435  molds, dies, machine tooling, other appurtenances or accessories
 1436  to machinery and equipment, testing equipment, test beds,
 1437  computers, and software, whether purchased or self-fabricated,
 1438  and, if self-fabricated, includes materials and labor for
 1439  design, fabrication, and assembly.
 1440         b. Industrial machinery and equipment used in defense or
 1441  space technology facilities certified under subparagraph 5. to
 1442  design, manufacture, assemble, process, compound, or produce
 1443  defense technology products or space technology products for
 1444  sale or for use by these facilities are exempt from the tax
 1445  imposed by this chapter.
 1446         2. Building materials purchased for use in manufacturing or
 1447  expanding clean rooms in semiconductor-manufacturing facilities
 1448  are exempt from the tax imposed by this chapter.
 1449         3. In addition to meeting the criteria mandated by
 1450  subparagraph 1. or subparagraph 2., a business must be certified
 1451  by the Office of Tourism, Trade, and Economic Development as
 1452  authorized in this paragraph in order to qualify for exemption
 1453  under this paragraph.
 1454         4. For items purchased tax-exempt pursuant to this
 1455  paragraph, possession of a written certification from the
 1456  purchaser, certifying the purchaser’s entitlement to the
 1457  exemption pursuant to this paragraph, relieves the seller of the
 1458  responsibility of collecting the tax on the sale of such items,
 1459  and the department shall look solely to the purchaser for
 1460  recovery of the tax if it determines that the purchaser was not
 1461  entitled to the exemption.
 1462         5.a. To be eligible to receive the exemption provided by
 1463  subparagraph 1. or subparagraph 2., a qualifying business entity
 1464  shall apply initially apply to Enterprise Florida, Inc. The
 1465  original certification is shall be valid for a period of 2
 1466  years. In lieu of submitting a new application, the original
 1467  certification may be renewed biennially by submitting to the
 1468  Office of Tourism, Trade, and Economic Development a statement,
 1469  certified under oath, that there has been no material change in
 1470  the conditions or circumstances entitling the business entity to
 1471  the original certification. The initial application and the
 1472  certification renewal statement shall be developed by the Office
 1473  of Tourism, Trade, and Economic Development in consultation with
 1474  Enterprise Florida, Inc.
 1475         b. Enterprise Florida, Inc., shall review each submitted
 1476  initial application and information and determine whether or not
 1477  the application is complete within 5 working days. Once an
 1478  application is complete, Enterprise Florida, Inc., shall, within
 1479  10 working days, evaluate the application and recommend approval
 1480  or disapproval of the application to the Office of Tourism,
 1481  Trade, and Economic Development.
 1482         c. Upon receipt of the initial application and
 1483  recommendation from Enterprise Florida, Inc., or upon receipt of
 1484  a certification renewal statement, the Office of Tourism, Trade,
 1485  and Economic Development shall certify within 5 working days
 1486  those applicants who are found to meet the requirements of this
 1487  section and notify the applicant, Enterprise Florida, Inc., and
 1488  the department of the original certification or certification
 1489  renewal. If the Office of Tourism, Trade, and Economic
 1490  Development finds that the applicant does not meet the
 1491  requirements of this section, it shall notify the applicant and
 1492  Enterprise Florida, Inc., within 10 working days that the
 1493  application for certification has been denied and the reasons
 1494  for denial. The Office of Tourism, Trade, and Economic
 1495  Development has final approval authority for certification under
 1496  this section.
 1497         d. The initial application and certification renewal
 1498  statement must indicate, for program evaluation purposes only,
 1499  the average number of full-time equivalent employees at the
 1500  facility over the preceding calendar year, the average wage and
 1501  benefits paid to those employees over the preceding calendar
 1502  year, the total investment made in real and tangible personal
 1503  property over the preceding calendar year, and the total value
 1504  of tax-exempt purchases and taxes exempted during the previous
 1505  year. The department shall assist the Office of Tourism, Trade,
 1506  and Economic Development in evaluating and verifying information
 1507  provided in the application for exemption.
 1508         e. The Office of Tourism, Trade, and Economic Development
 1509  may use the information reported on the initial application and
 1510  certification renewal statement for evaluation purposes only and
 1511  shall prepare an annual report on the exemption program and its
 1512  cost and impact. The annual report for the preceding fiscal year
 1513  shall be submitted to the Governor, the President of the Senate,
 1514  and the Speaker of the House of Representatives by September 30
 1515  of each fiscal year.
 1516         6. A business certified to receive this exemption may elect
 1517  to designate one or more state universities or community
 1518  colleges as recipients of up to 100 percent of the amount of the
 1519  exemption for which they may qualify. To receive these funds,
 1520  the institution must agree to match the funds so earned with
 1521  equivalent cash, programs, services, or other in-kind support on
 1522  a one-to-one basis for in the pursuit of research and
 1523  development projects as requested by the certified business. The
 1524  rights to any patents, royalties, or real or intellectual
 1525  property must be vested in the business unless otherwise agreed
 1526  to by the business and the university or community college.
 1527         7. As used in this paragraph, the term:
 1528         a. “Semiconductor technology products” means raw
 1529  semiconductor wafers or semiconductor thin films that are
 1530  transformed into semiconductor memory or logic wafers, including
 1531  wafers containing mixed memory and logic circuits; related
 1532  assembly and test operations; active-matrix flat panel displays;
 1533  semiconductor chips; semiconductor lasers; optoelectronic
 1534  elements; and related semiconductor technology products as
 1535  determined by the Office of Tourism, Trade, and Economic
 1536  Development.
 1537         b. “Clean rooms” means manufacturing facilities enclosed in
 1538  a manner that meets the clean manufacturing requirements
 1539  necessary for high-technology semiconductor-manufacturing
 1540  environments.
 1541         c. “Defense technology products” means products that have a
 1542  military application, including, but not limited to, weapons,
 1543  weapons systems, guidance systems, surveillance systems,
 1544  communications or information systems, munitions, aircraft,
 1545  vessels, or boats, or components thereof, which are intended for
 1546  military use and manufactured in performance of a contract with
 1547  the United States Department of Defense or the military branch
 1548  of a recognized foreign government or a subcontract thereunder
 1549  which relates to matters of national defense.
 1550         d. “Space technology products” means products that are
 1551  specifically designed or manufactured for application in space
 1552  activities, including, but not limited to, space launch
 1553  vehicles, space flight vehicles, missiles, satellites or
 1554  research payloads, avionics, and associated control systems and
 1555  processing systems and components of any of the foregoing. The
 1556  term does not include products that are designed or manufactured
 1557  for general commercial aviation or other uses even though those
 1558  products may also serve an incidental use in space applications.
 1559         Section 30. Section 213.0452, Florida Statutes, is
 1560  repealed.
 1561         Section 31. Section 213.054, Florida Statutes, is repealed.
 1562         Section 32. Subsection (3) of section 215.70, Florida
 1563  Statutes, is amended to read:
 1564         215.70 State Board of Administration to act in case of
 1565  defaults.—
 1566         (3) It shall be the duty of The State Board of
 1567  Administration shall to monitor the debt service accounts for
 1568  bonds issued pursuant to this act. The board shall advise the
 1569  Governor and Legislature of any projected need to appropriate
 1570  funds to honor the pledge of full faith and credit of the state.
 1571  The report must shall include the estimated amount of
 1572  appropriations needed, the estimated maximum amount of
 1573  appropriations needed, and a contingency appropriation request
 1574  for each bond issue.
 1575         Section 33. Paragraph (z) of subsection (1) of section
 1576  216.011, Florida Statutes, is amended to read:
 1577         216.011 Definitions.—
 1578         (1) For the purpose of fiscal affairs of the state,
 1579  appropriations acts, legislative budgets, and approved budgets,
 1580  each of the following terms has the meaning indicated:
 1581         (z) “Long-range program plan” means a plan developed
 1582  pursuant to s. 216.013 on an annual basis by each state agency
 1583  that is policy based, priority driven, accountable, and
 1584  developed through careful examination and justification of all
 1585  programs and their associated costs. Each plan is developed by
 1586  examining the needs of agency customers and clients and
 1587  proposing programs and associated costs to address those needs
 1588  based on state priorities as established by law, the agency
 1589  mission, and legislative authorization. The plan provides the
 1590  framework and context for preparing the legislative budget
 1591  request and includes performance indicators for evaluating the
 1592  impact of programs and agency performance.
 1593         Section 34. Paragraph (c) of subsection (10) of section
 1594  216.181, Florida Statutes, is repealed.
 1595         Section 35. Subsection (5) of section 252.55, Florida
 1596  Statutes, is amended to read:
 1597         252.55 Civil Air Patrol, Florida Wing.—
 1598         (5) The wing commander of the Florida Wing of the Civil Air
 1599  Patrol shall biennially furnish the Bureau of Emergency
 1600  Management a 2-year an annual projection of the goals and
 1601  objectives of the Civil Air Patrol which shall for the following
 1602  year. These will be reported to the Governor in the division’s
 1603  biennial annual report submitted pursuant to s. 252.35 of the
 1604  division on February 1 of each year.
 1605         Section 36. Subsection (1) of section 253.7825, Florida
 1606  Statutes, is amended to read:
 1607         253.7825 Recreational uses.—
 1608         (1) The Cross Florida Greenways State Recreation and
 1609  Conservation Area must be managed as a multiple-use area
 1610  pursuant to s. 253.034(2)(a), and as further provided in this
 1611  section herein. The University of Florida Management Plan
 1612  provides a conceptual recreational plan that may ultimately be
 1613  developed at various locations throughout the greenways
 1614  corridor. The plan proposes to locate a number of the larger,
 1615  more comprehensive and complex recreational facilities in
 1616  sensitive, natural resource areas. Future site-specific studies
 1617  and investigations must be conducted by the department to
 1618  determine compatibility with, and potential for adverse impact
 1619  to, existing natural resources, need for the facility, the
 1620  availability of other alternative locations with reduced adverse
 1621  impacts to existing natural resources, and the proper specific
 1622  sites and locations for the more comprehensive and complex
 1623  facilities. Furthermore, it is appropriate, with the approval of
 1624  the department, to allow more fishing docks, boat launches, and
 1625  other user-oriented facilities to be developed and maintained by
 1626  local governments.
 1627         Section 37. Section 253.7826, Florida Statutes, is
 1628  repealed.
 1629         Section 38. Section 253.7829, Florida Statutes, is
 1630  repealed.
 1631         Section 39. Subsection (4) of section 259.037, Florida
 1632  Statutes, is amended to read:
 1633         259.037 Land Management Uniform Accounting Council.—
 1634         (4) The council shall provide a report of the agencies’
 1635  expenditures pursuant to the adopted categories to the President
 1636  of the Senate and the Speaker of the House of Representatives
 1637  annually, beginning July 1, 2001. The council shall also provide
 1638  this report to the Acquisition and Restoration Council and the
 1639  division for inclusion in its annual report required pursuant to
 1640  s. 259.036.
 1641         Section 40. Subsection (4) of section 267.074, Florida
 1642  Statutes, is repealed.
 1643         Section 41. Subsection (3) of section 284.50, Florida
 1644  Statutes, is repealed.
 1645         Section 42. Subsection (11) of section 287.045, Florida
 1646  Statutes, is repealed.
 1647         Section 43. Subsection (15) of section 287.059, Florida
 1648  Statutes, is amended to read:
 1649         287.059 Private attorney services.—
 1650         (15) The Attorney General’s office may, by rule, adopt
 1651  standard fee schedules for court reporting services for each
 1652  judicial circuit by rule, in consultation with the Florida Court
 1653  Reporters Association. Agencies, When contracting for court
 1654  reporting services, an agency shall must use the standard fee
 1655  schedule for court reporting services established pursuant to
 1656  this section unless a, provided no state contract is not
 1657  applicable or unless the head of the agency or his or her
 1658  designee waives use of the schedule and sets forth the reasons
 1659  for deviating from the schedule in writing to the Attorney
 1660  General. The Such waiver must demonstrate necessity based upon
 1661  criteria for deviation from the schedule which the Attorney
 1662  General shall establish by rule. Any proposed fee schedule under
 1663  this section shall be submitted to the Governor, the Speaker of
 1664  the House of Representatives, the President of the Senate, and
 1665  the Chief Justice of the Florida Supreme Court at least 60 days
 1666  prior to publication of the notice to adopt the rule.
 1667         Section 44. Subsection (7) of section 288.108, Florida
 1668  Statutes, is repealed.
 1669         Section 45. Section 288.1185, Florida Statutes, is
 1670  repealed.
 1671         Section 46. Paragraph (e) of subsection (8) of section
 1672  288.1229, Florida Statutes, is amended to read:
 1673         288.1229 Promotion and development of sports-related
 1674  industries and amateur athletics; direct-support organization;
 1675  powers and duties.—
 1676         (8) To promote amateur sports and physical fitness, the
 1677  direct-support organization shall:
 1678         (e) Promote Florida as a host for national and
 1679  international amateur athletic competitions. As part of this
 1680  effort, the direct-support organization shall:
 1681         1. Assist and support Florida cities or communities bidding
 1682  or seeking to host the Summer Olympics or Pan American Games.
 1683         2. Annually report to the Governor, the President of the
 1684  Senate, and the Speaker of the House of Representatives on the
 1685  status of the efforts of cities or communities bidding to host
 1686  the Summer Olympics or Pan American Games, including, but not
 1687  limited to, current financial and infrastructure status,
 1688  projected financial and infrastructure needs, and
 1689  recommendations for satisfying the unmet needs and fulfilling
 1690  the requirements for a successful bid in any year that the
 1691  Summer Olympics or Pan American Games are held in this state.
 1692         Section 47. Subsection (4) of section 288.7015, Florida
 1693  Statutes, is repealed.
 1694         Section 48. Section 288.7771, Florida Statutes, is amended
 1695  to read:
 1696         288.7771 Annual report of Florida Export Finance
 1697  Corporation.—By March 31 of each year, The corporation shall
 1698  annually prepare and submit to Enterprise Florida, Inc., for
 1699  inclusion in its annual report required by s. 288.095 the
 1700  Governor, the President of the Senate, the Speaker of the House
 1701  of Representatives, the Senate Minority Leader, and the House
 1702  Minority Leader a complete and detailed report setting forth:
 1703         (1) The report required in s. 288.776(3).
 1704         (2) Its assets and liabilities at the end of its most
 1705  recent fiscal year.
 1706         Section 49. Subsections (8), (10), and (11) of section
 1707  288.8175, Florida Statutes, are repealed.
 1708         Section 50. Subsection (5) of section 288.853, Florida
 1709  Statutes, is repealed.
 1710         Section 51. Subsection (5) of section 288.95155, Florida
 1711  Statutes, is amended to read:
 1712         288.95155 Florida Small Business Technology Growth
 1713  Program.—
 1714         (5) By January 1 of each year, Enterprise Florida, Inc.,
 1715  shall prepare and include in its annual report required by s.
 1716  288.095 a report on the financial status of the program and the
 1717  account and shall submit a copy of the report to the board of
 1718  directors of Enterprise Florida, Inc., the appropriate
 1719  legislative committees responsible for economic development
 1720  oversight, and the appropriate legislative appropriations
 1721  subcommittees. The report must shall specify the assets and
 1722  liabilities of the account within the current fiscal year and
 1723  must shall include a portfolio update that lists all of the
 1724  businesses assisted, the private dollars leveraged by each
 1725  business assisted, and the growth in sales and in employment of
 1726  each business assisted.
 1727         Section 52. Paragraph (c) of subsection (4) of section
 1728  288.9604, Florida Statutes, is amended to read:
 1729         288.9604 Creation of the authority.—
 1730         (4)
 1731         (c) The directors of the corporation shall annually elect
 1732  one of their members as chair and one as vice chair. The
 1733  corporation may employ a president, technical experts, and such
 1734  other agents and employees, permanent and temporary, as it
 1735  requires and determine their qualifications, duties, and
 1736  compensation. For such legal services as it requires, the
 1737  corporation may employ or retain its own counsel and legal
 1738  staff. The corporation shall file with the governing body of
 1739  each public agency with which it has entered into an interlocal
 1740  agreement and with the Governor, the Speaker of the House of
 1741  Representatives, the President of the Senate, the Minority
 1742  Leaders of the Senate and House of Representatives, and the
 1743  Auditor General, on or before 90 days after the close of the
 1744  fiscal year of the corporation, a report of its activities for
 1745  the preceding fiscal year, which report shall include a complete
 1746  financial statement setting forth its assets, liabilities,
 1747  income, and operating expenses as of the end of such fiscal
 1748  year.
 1749         Section 53. Section 288.9610, Florida Statutes, is amended
 1750  to read:
 1751         288.9610 Annual reports of Florida Development Finance
 1752  Corporation.—On or before 90 days after the close of By December
 1753  1 of each year, the Florida Development Finance Corporation’s
 1754  fiscal year, the corporation shall submit to the Governor, the
 1755  Legislature President of the Senate, the Speaker of the House of
 1756  Representatives, the Senate Minority Leader, the House Minority
 1757  Leader, the Auditor General, and the governing body of each
 1758  public entity with which it has entered into an interlocal
 1759  agreement city or county activating the Florida Development
 1760  Finance Corporation a complete and detailed report setting
 1761  forth:
 1762         (1) The results of any audit conducted pursuant to s. 11.45
 1763  evaluation required in s. 11.45(3)(j).
 1764         (2) The activities, operations, and accomplishments of the
 1765  Florida Development Finance Corporation, including the number of
 1766  businesses assisted by the corporation.
 1767         (3) Its assets, and liabilities, income, and operating
 1768  expenses at the end of its most recent fiscal year, including a
 1769  description of all of its outstanding revenue bonds.
 1770         Section 54. Subsection (6) of section 292.05, Florida
 1771  Statutes, is amended to read:
 1772         292.05 Duties of Department of Veterans’ Affairs.—
 1773         (6) The department shall, by on December 31 of each year,
 1774  submit make an annual written report to the Governor, the
 1775  Cabinet, and the Legislature which describes: of the state, the
 1776  Speaker of the House of Representatives, and the President of
 1777  the Senate, which report shall show
 1778         (a) The expenses incurred in veteran service work in the
 1779  state; the number, nature, and kind of cases handled by the
 1780  department and by county and city veteran service officers of
 1781  the state; the amounts of benefits obtained for veterans; the
 1782  names and addresses of all certified veteran service officers,
 1783  including county and city veteran service officers. The report
 1784  must shall also describe the actions taken by the department in
 1785  implementing subsections (4), (5), and (7) and include shall
 1786  contain such other information and recommendations as may appear
 1787  to the department requires to be right and proper.
 1788         (b) The current status of the department’s domiciliary and
 1789  nursing homes established pursuant to chapter 296, including all
 1790  receipts and expenditures, the condition of the homes, the
 1791  number of residents received and discharged during the preceding
 1792  year, occupancy rates, staffing, and any other information
 1793  necessary to provide an understanding of the management,
 1794  conduct, and operation of the homes.
 1795         Section 55. Section 296.16, Florida Statutes, is repealed.
 1796         Section 56. Section 296.39, Florida Statutes, is repealed.
 1797         Section 57. Paragraph (c) of subsection (12) of section
 1798  315.03, Florida Statutes, is repealed.
 1799         Section 58. Subsection (2) of section 319.324, Florida
 1800  Statutes, is amended to read:
 1801         319.324 Odometer fraud prevention and detection; funding.—
 1802         (2) Moneys deposited into the Highway Safety Operating
 1803  Trust Fund under this section shall be used to implement and
 1804  maintain efforts by the department to prevent and detect
 1805  odometer fraud, including the prompt investigation of alleged
 1806  instances of odometer mileage discrepancies reported by licensed
 1807  motor vehicle dealers, auctions, or purchasers of motor
 1808  vehicles. Such moneys shall also be used to fund an annual
 1809  report to the Legislature by the Department of Highway Safety
 1810  and Motor Vehicles, summarizing the department’s investigations
 1811  and findings. In addition, moneys deposited into the fund may be
 1812  used by the department for general operations.
 1813         Section 59. Section 322.181, Florida Statutes, is repealed.
 1814         Section 60. Paragraph (c) of subsection (7) of section
 1815  322.251, Florida Statutes, is repealed.
 1816         Section 61. Section 373.0391, Florida Statutes, is amended
 1817  to read:
 1818         373.0391 Technical assistance to local governments.—
 1819         (1) The water management districts shall assist local
 1820  governments in the development and future revision of local
 1821  government comprehensive plan elements or public facilities
 1822  report as required by s. 189.415, related to water resource
 1823  issues.
 1824         (2) By July 1, 1991, each water management district shall
 1825  prepare and provide information and data to assist local
 1826  governments in the preparation and implementation of their local
 1827  government comprehensive plans or public facilities report as
 1828  required by s. 189.415, whichever is applicable. Such
 1829  information and data shall include, but not be limited to:
 1830         (a) All information and data required in a public
 1831  facilities report pursuant to s. 189.415.
 1832         (b) A description of regulations, programs, and schedules
 1833  implemented by the district.
 1834         (c) Identification of regulations, programs, and schedules
 1835  undertaken or proposed by the district to further the State
 1836  Comprehensive Plan.
 1837         (d) A description of surface water basins, including
 1838  regulatory jurisdictions, flood-prone areas, existing and
 1839  projected water quality in water management district operated
 1840  facilities, as well as surface water runoff characteristics and
 1841  topography regarding flood plains, wetlands, and recharge areas.
 1842         (e) A description of groundwater characteristics, including
 1843  existing and planned wellfield sites, existing and anticipated
 1844  cones of influence, highly productive groundwater areas, aquifer
 1845  recharge areas, deep well injection zones, contaminated areas,
 1846  an assessment of regional water resource needs and sources for
 1847  the next 20 years, and water quality.
 1848         (f) The identification of existing and potential water
 1849  management district land acquisitions.
 1850         (g) Information reflecting the minimum flows for surface
 1851  watercourses to avoid harm to water resources or the ecosystem
 1852  and information reflecting the minimum water levels for aquifers
 1853  to avoid harm to water resources or the ecosystem.
 1854         Section 62. Subsection (4) of section 373.046, Florida
 1855  Statutes, is amended to read:
 1856         373.046 Interagency agreements.—
 1857         (4) The Legislature recognizes and affirms the division of
 1858  responsibilities between the department and the water management
 1859  districts as set forth in ss. III. and X. of each of the
 1860  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 1861  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 1862  operating agreement regarding individual permit oversight is
 1863  rescinded. The department is shall be responsible for permitting
 1864  those activities under part IV of this chapter which, because of
 1865  their complexity and magnitude, need to be economically and
 1866  efficiently evaluated at the state level, including, but not
 1867  limited to, mining, hazardous waste management facilities, and
 1868  solid waste management facilities that do not qualify for a
 1869  general permit under chapter 403. With regard to
 1870  postcertification information submittals for activities
 1871  authorized under chapters 341 and 403 siting act certifications,
 1872  the department, after consultation with the appropriate water
 1873  management district and other agencies having applicable
 1874  regulatory jurisdiction, shall determine be responsible for
 1875  determining the permittee’s compliance with conditions of
 1876  certification which are were based upon the nonprocedural
 1877  requirements of part IV of this chapter. The Legislature
 1878  authorizes The water management districts and the department may
 1879  to modify the division of responsibilities referenced in this
 1880  section and enter into further interagency agreements by
 1881  rulemaking, including incorporation by reference, pursuant to
 1882  chapter 120, to provide for greater efficiency and to avoid
 1883  duplication in the administration of part IV of this chapter by
 1884  designating certain activities that which will be regulated by
 1885  either the water management districts or the department. In
 1886  developing such interagency agreements, the water management
 1887  districts and the department shall consider should take into
 1888  consideration the technical and fiscal ability of each water
 1889  management district to implement all or some of the provisions
 1890  of part IV of this chapter. This subsection does not rescind or
 1891  restrict Nothing herein rescinds or restricts the authority of
 1892  the districts to regulate silviculture and agriculture pursuant
 1893  to part IV of this chapter or s. 403.927. By December 10, 1993,
 1894  the secretary of the department shall submit a report to the
 1895  President of the Senate and the Speaker of the House of
 1896  Representatives regarding the efficiency of the procedures and
 1897  the division of responsibilities contemplated by this subsection
 1898  and regarding progress toward the execution of further
 1899  interagency agreements and the integration of permitting with
 1900  sovereignty lands approval. The report also will consider the
 1901  feasibility of improving the protection of the environment
 1902  through comprehensive criteria for protection of natural
 1903  systems.
 1904         Section 63. Subsection (14) of section 376.121, Florida
 1905  Statutes, is repealed.
 1906         Section 64. Section 376.17, Florida Statutes, is repealed.
 1907         Section 65. Subsection (5) of section 376.30713, Florida
 1908  Statutes, is repealed.
 1909         Section 66. Subsection (2) of section 379.2211, Florida
 1910  Statutes, is amended to read:
 1911         379.2211 Florida waterfowl permit revenues.—
 1912         (2) The intent of this section is to expand waterfowl
 1913  research and management and increase waterfowl populations in
 1914  the state without detracting from other programs. The commission
 1915  shall prepare and make available on its Internet website an
 1916  annual report documenting the use of funds generated under the
 1917  provisions of this section, to be submitted to the Governor, the
 1918  Speaker of the House of Representatives, and the President of
 1919  the Senate on or before September 1 of each year.
 1920         Section 67. Subsection (2) of section 379.2212, Florida
 1921  Statutes, is amended to read:
 1922         379.2212 Florida wild turkey permit revenues.—
 1923         (2) The intent of this section is to expand wild turkey
 1924  research and management and to increase wild turkey populations
 1925  in the state without detracting from other programs. The
 1926  commission shall prepare and make available on its Internet
 1927  website an annual report documenting the use of funds generated
 1928  under the provisions of this section, to be submitted to the
 1929  Governor, the Speaker of the House of Representatives, and the
 1930  President of the Senate on or before September 1 of each year.
 1931         Section 68. Subsection (8) of section 379.2523, Florida
 1932  Statutes, is repealed.
 1933         Section 69. Paragraph (a) of subsection (2) of section
 1934  380.06, Florida Statutes, is amended to read:
 1935         380.06 Developments of regional impact.—
 1936         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1937         (a) The state land planning agency shall recommend to the
 1938  Administration Commission specific statewide guidelines and
 1939  standards for adoption pursuant to this subsection. The
 1940  Administration Commission shall by rule adopt statewide
 1941  guidelines and standards to be used in determining whether
 1942  particular developments shall undergo development-of-regional
 1943  impact review. The statewide guidelines and standards previously
 1944  adopted by the Administration Commission and approved by the
 1945  Legislature shall remain in effect unless revised pursuant to
 1946  this section or superseded by other provisions of law. Revisions
 1947  to the present statewide guidelines and standards, after
 1948  adoption by the Administration Commission, shall be transmitted
 1949  on or before March 1 to the President of the Senate and the
 1950  Speaker of the House of Representatives for presentation at the
 1951  next regular session of the Legislature. Unless approved by law
 1952  by the Legislature, the revisions to the present guidelines and
 1953  standards shall not become effective.
 1954         Section 70. Subsection (3) of section 380.0677, Florida
 1955  Statutes, is repealed.
 1956         Section 71. Subsection (3) of section 381.0011, Florida
 1957  Statutes, is repealed.
 1958         Section 72. Section 381.0036, Florida Statutes, is
 1959  repealed.
 1960         Section 73. Section 381.731, Florida Statutes, is repealed.
 1961         Section 74. Section 381.795, Florida Statutes, is amended
 1962  to read:
 1963         381.795 Long-term community-based supports.—The department
 1964  shall, contingent upon specific appropriations for these
 1965  purposes, establish:
 1966         (1) Study the long-term needs for community-based supports
 1967  and services for individuals who have sustained traumatic brain
 1968  or spinal cord injuries. The purpose of this study is to prevent
 1969  inappropriate residential and institutional placement of these
 1970  individuals, and promote placement in the most cost effective
 1971  and least restrictive environment. Any placement recommendations
 1972  for these individuals shall ensure full utilization of and
 1973  collaboration with other state agencies, programs, and community
 1974  partners. This study shall be submitted to the Governor, the
 1975  President of the Senate, and the Speaker of the House of
 1976  Representatives not later than December 31, 2000.
 1977         (2) Based upon the results of this study, establish a plan
 1978  for the implementation of a program of long-term community-based
 1979  supports and services for individuals who have sustained
 1980  traumatic brain or spinal cord injuries and who may be subject
 1981  to inappropriate residential and institutional placement as a
 1982  direct result of such injuries.
 1983         (1)(a) The program shall be payor of last resort for
 1984  program services, and expenditures for such services shall be
 1985  considered funded services for purposes of s. 381.785; however,
 1986  notwithstanding s. 381.79(5), proceeds resulting from this
 1987  subsection shall be used solely for this program.
 1988         (2)(b) The department shall adopt create, by rule,
 1989  procedures to ensure, that if in the event the program is unable
 1990  to directly or indirectly provide such services to all eligible
 1991  individuals due to lack of funds, those individuals most at risk
 1992  of suffering to suffer the greatest harm from an imminent
 1993  inappropriate residential or institutional placement are served
 1994  first.
 1995         (3)(c) Every applicant or recipient of the long-term
 1996  community-based supports and services program must shall have
 1997  been a resident of the state for 1 year immediately preceding
 1998  application and be a resident of the state at the time of
 1999  application.
 2000         (4)(d) The department shall adopt rules pursuant to ss.
 2001  120.536(1) and 120.54 to administer implement the provision of
 2002  this section subsection.
 2003         Section 75. Section 381.931, Florida Statutes, is amended
 2004  to read:
 2005         381.931 Annual report on Medicaid expenditures.—The
 2006  Department of Health and the Agency for Health Care
 2007  Administration shall monitor the total Medicaid expenditures for
 2008  services made under this act. If Medicaid expenditures are
 2009  projected to exceed the amount appropriated by the Legislature,
 2010  the Department of Health shall limit the number of screenings to
 2011  ensure Medicaid expenditures do not exceed the amount
 2012  appropriated. The Department of Health, in cooperation with the
 2013  Agency for Health Care Administration, shall prepare an annual
 2014  report that must include the number of women screened; the
 2015  percentage of positive and negative outcomes; the number of
 2016  referrals to Medicaid and other providers for treatment
 2017  services; the estimated number of women who are not screened or
 2018  not served by Medicaid due to funding limitations, if any; the
 2019  cost of Medicaid treatment services; and the estimated cost of
 2020  treatment services for women who were not screened or referred
 2021  for treatment due to funding limitations. The report shall be
 2022  submitted to the President of the Senate, the Speaker of the
 2023  House of Representatives, and the Executive Office of the
 2024  Governor by March 1 of each year.
 2025         Section 76. Subsection (6) of section 383.19, Florida
 2026  Statutes, is amended to read:
 2027         383.19 Standards; funding; ineligibility.—
 2028         (6) Each hospital that which contracts with the department
 2029  to provide services under the terms of ss. 383.15-383.21 shall
 2030  prepare and submit to the department an annual report that
 2031  includes, but is not limited to, the number of clients served
 2032  and the costs of services in the center. The department shall
 2033  annually conduct a programmatic and financial evaluation of each
 2034  center.
 2035         Section 77. Section 383.21, Florida Statutes, is repealed.
 2036         Section 78. Section 383.2161, Florida Statutes, is amended
 2037  to read:
 2038         383.2161 Maternal and child health report.—The Department
 2039  of Health annually shall annually compile and analyze the risk
 2040  information collected by the Office of Vital Statistics and the
 2041  district prenatal and infant care coalitions and shall maintain
 2042  county and statewide data on prepare and submit to the
 2043  Legislature by January 2 a report that includes, but is not
 2044  limited to:
 2045         (1) The number of families identified as families at
 2046  potential risk;
 2047         (2) The number of families receiving that receive family
 2048  outreach services;
 2049         (3) The increase in demand for services; and
 2050         (4) The unmet need for services for identified target
 2051  groups.
 2052         Section 79. Subsection (4) of section 394.4573, Florida
 2053  Statutes, is repealed.
 2054         Section 80. Subsection (1) of section 394.4985, Florida
 2055  Statutes, is amended to read:
 2056         394.4985 Districtwide information and referral network;
 2057  implementation.—
 2058         (1) Each service district of the Department of Children and
 2059  Family Services shall develop a detailed implementation plan for
 2060  a districtwide comprehensive child and adolescent mental health
 2061  information and referral network to be operational by July 1,
 2062  1999. The plan must include an operating budget that
 2063  demonstrates cost efficiencies and identifies funding sources
 2064  for the district information and referral network. The plan must
 2065  be submitted by the department to the Legislature by October 1,
 2066  1998. The district shall use existing district information and
 2067  referral providers if, in the development of the plan, it is
 2068  concluded that these providers would deliver information and
 2069  referral services in a more efficient and effective manner when
 2070  compared to other alternatives. The district information and
 2071  referral network must include:
 2072         (a) A resource file that contains information about the
 2073  child and adolescent mental health services as described in s.
 2074  394.495, including, but not limited to:
 2075         1. Type of program;
 2076         2. Hours of service;
 2077         3. Ages of persons served;
 2078         4. Program description;
 2079         5. Eligibility requirements; and
 2080         6. Fees.
 2081         (b) Information about private providers and professionals
 2082  in the community who which serve children and adolescents with
 2083  an emotional disturbance.
 2084         (c) A system to document requests for services which that
 2085  are received through the network referral process, including,
 2086  but not limited to:
 2087         1. Number of calls by type of service requested;
 2088         2. Ages of the children and adolescents for whom services
 2089  are requested; and
 2090         3. Type of referral made by the network.
 2091         (d) The ability to share client information with the
 2092  appropriate community agencies.
 2093         (e) The submission of an annual report to the department,
 2094  the Agency for Health Care Administration, and appropriate local
 2095  government entities, which contains information about the
 2096  sources and frequency of requests for information, types and
 2097  frequency of services requested, and types and frequency of
 2098  referrals made.
 2099         Section 81. Section 394.82, Florida Statutes, is repealed.
 2100         Section 82. Subsection (9) of section 394.9082, Florida
 2101  Statutes, is repealed.
 2102         Section 83. Section 394.9083, Florida Statutes, is
 2103  repealed.
 2104         Section 84. Paragraph (c) of subsection (2) of section
 2105  395.807, Florida Statutes, is repealed.
 2106         Section 85. Subsection (3) of section 397.332, Florida
 2107  Statutes, is repealed.
 2108         Section 86. Subsection (4) of section 397.333, Florida
 2109  Statutes, is amended to read:
 2110         397.333 Statewide Drug Policy Advisory Council.—
 2111         (4)(a) The chairperson of the advisory council shall
 2112  appoint workgroups that include members of state agencies that
 2113  are not represented on the advisory council and shall solicit
 2114  input and recommendations from those state agencies. In
 2115  addition, The chairperson may also appoint workgroups as
 2116  necessary from among the members of the advisory council in
 2117  order to efficiently address specific issues. A representative
 2118  of a state agency appointed to any workgroup shall be the head
 2119  of the agency, or his or her designee. The chairperson may
 2120  designate lead and contributing agencies within a workgroup.
 2121         (b) The advisory council shall submit a report to the
 2122  Governor, the President of the Senate, and the Speaker of the
 2123  House of Representatives by December 1 of each year which
 2124  contains a summary of the work of the council during that year
 2125  and the recommendations required under subsection (3). Interim
 2126  reports may be submitted at the discretion of the chairperson of
 2127  the advisory council.
 2128         Section 87. Subsection (1) of section 397.94, Florida
 2129  Statutes, is repealed.
 2130         Section 88. Subsection (2) of section 400.148, Florida
 2131  Statutes, is repealed.
 2132         Section 89. Paragraph (a) of subsection (2) of section
 2133  400.967, Florida Statutes, is amended to read:
 2134         400.967 Rules and classification of deficiencies.—
 2135         (2) Pursuant to the intention of the Legislature, the
 2136  agency, in consultation with the Agency for Persons with
 2137  Disabilities and the Department of Elderly Affairs, shall adopt
 2138  and enforce rules to administer this part and part II of chapter
 2139  408, which shall include reasonable and fair criteria governing:
 2140         (a) The location and construction of the facility;
 2141  including fire and life safety, plumbing, heating, cooling,
 2142  lighting, ventilation, and other housing conditions that will
 2143  ensure the health, safety, and comfort of residents. The agency
 2144  shall establish standards for facilities and equipment to
 2145  increase the extent to which new facilities and a new wing or
 2146  floor added to an existing facility after July 1, 2000, are
 2147  structurally capable of serving as shelters only for residents,
 2148  staff, and families of residents and staff, and equipped to be
 2149  self-supporting during and immediately following disasters. The
 2150  Agency for Health Care Administration shall work with facilities
 2151  licensed under this part and report to the Governor and the
 2152  Legislature by April 1, 2000, its recommendations for cost
 2153  effective renovation standards to be applied to existing
 2154  facilities. In making such rules, the agency shall be guided by
 2155  criteria recommended by nationally recognized, reputable
 2156  professional groups and associations having knowledge concerning
 2157  such subject matters. The agency shall update or revise the such
 2158  criteria as the need arises. All facilities must comply with
 2159  those lifesafety code requirements and building code standards
 2160  applicable at the time of approval of their construction plans.
 2161  The agency may require alterations to a building if it
 2162  determines that an existing condition constitutes a distinct
 2163  hazard to life, health, or safety. The agency shall adopt fair
 2164  and reasonable rules setting forth conditions under which
 2165  existing facilities undergoing additions, alterations,
 2166  conversions, renovations, or repairs are required to comply with
 2167  the most recent updated or revised standards.
 2168         Section 90. Subsection (3) of section 402.3016, Florida
 2169  Statutes, is repealed.
 2170         Section 91. Subsection (9) of section 402.40, Florida
 2171  Statutes, is repealed.
 2172         Section 92. Subsection (1) of section 403.4131, Florida
 2173  Statutes, is amended to read:
 2174         403.4131 Litter control.—
 2175         (1) The Department of Transportation shall establish an
 2176  “adopt-a-highway” program to allow local organizations to be
 2177  identified with specific highway cleanup and highway
 2178  beautification projects authorized under s. 339.2405. The
 2179  department shall report to the Governor and the Legislature on
 2180  the progress achieved and the savings incurred by the “adopt-a
 2181  highway” program. The department shall also monitor and report
 2182  on compliance with the provisions of the adopt-a-highway program
 2183  to ensure that organizations participating that participate in
 2184  the program comply with the goals identified by the department.
 2185         Section 93. Paragraph (a) of subsection (4) of section
 2186  406.02, Florida Statutes, is repealed.
 2187         Section 94. Paragraph (g) of subsection (1) of section
 2188  408.033, Florida Statutes, is amended to read:
 2189         408.033 Local and state health planning.—
 2190         (1) LOCAL HEALTH COUNCILS.—
 2191         (g) Each local health council may is authorized to accept
 2192  and receive, in furtherance of its health planning functions,
 2193  funds, grants, and services from governmental agencies and from
 2194  private or civic sources and to perform studies related to local
 2195  health planning in exchange for such funds, grants, or services.
 2196  Each local health council shall, no later than January 30 of
 2197  each year, render an accounting of the receipt and disbursement
 2198  of such funds received by it to the Department of Health. The
 2199  department shall consolidate all such reports and submit such
 2200  consolidated report to the Legislature no later than March 1 of
 2201  each year.
 2202         Section 95. Subsection (4) of section 408.914, Florida
 2203  Statutes, is repealed.
 2204         Section 96. Paragraph (i) of subsection (3) of section
 2205  408.915, Florida Statutes, is repealed.
 2206         Section 97. Section 408.917, Florida Statutes, is repealed.
 2207         Section 98. Paragraph (b) of subsection (7) of section
 2208  409.1451, Florida Statutes, is amended to read:
 2209         409.1451 Independent living transition services.—
 2210         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 2211  Secretary of Children and Family Services shall establish the
 2212  Independent Living Services Advisory Council for the purpose of
 2213  reviewing and making recommendations concerning the
 2214  implementation and operation of the independent living
 2215  transition services. This advisory council shall continue to
 2216  function as specified in this subsection until the Legislature
 2217  determines that the advisory council can no longer provide a
 2218  valuable contribution to the department’s efforts to achieve the
 2219  goals of the independent living transition services.
 2220         (b) The advisory council shall report to the secretary
 2221  appropriate substantive committees of the Senate and the House
 2222  of Representatives on the status of the implementation of the
 2223  system of independent living transition services; efforts to
 2224  publicize the availability of aftercare support services, the
 2225  Road-to-Independence Program, and transitional support services;
 2226  the success of the services; problems identified;
 2227  recommendations for department or legislative action; and the
 2228  department’s implementation of the recommendations contained in
 2229  the Independent Living Services Integration Workgroup Report
 2230  submitted to the appropriate Senate and the House substantive
 2231  committees of the Legislature by December 31, 2002. The
 2232  department shall submit a report by December 31 of each year to
 2233  the Governor and the Legislature This advisory council report
 2234  shall be submitted by December 31 of each year that the council
 2235  is in existence and shall be accompanied by a report from the
 2236  department which includes a summary of the factors reported on
 2237  by the council and identifies the recommendations of the
 2238  advisory council and either describes the department’s actions
 2239  to implement the these recommendations or provides the
 2240  department’s rationale for not implementing the recommendations.
 2241         Section 99. Section 409.152, Florida Statutes, is repealed.
 2242         Section 100. Subsections (1) and (2) of section 409.1679,
 2243  Florida Statutes, are repealed.
 2244         Section 101. Section 409.1685, Florida Statutes, is amended
 2245  to read:
 2246         409.1685 Children in foster care; annual report to
 2247  Legislature.—The Department of Children and Family Services
 2248  shall submit a written report to the Governor and substantive
 2249  committees of the Legislature concerning the status of children
 2250  in foster care and concerning the judicial review mandated by
 2251  part X of chapter 39. The This report shall be submitted by May
 2252  March 1 of each year and must shall include the following
 2253  information for the prior calendar year:
 2254         (1) The number of 6-month and annual judicial reviews
 2255  completed during that period.
 2256         (2) The number of children in foster care returned to a
 2257  parent, guardian, or relative as a result of a 6-month or annual
 2258  judicial review hearing during that period.
 2259         (3) The number of termination of parental rights
 2260  proceedings instituted during that period, including which shall
 2261  include:
 2262         (a) The number of termination of parental rights
 2263  proceedings initiated pursuant to former s. 39.703; and
 2264         (b) The total number of terminations of parental rights
 2265  ordered.
 2266         (4) The number of foster care children placed for adoption
 2267  during that period.
 2268         Section 102. Paragraph (k) of subsection (4) of section
 2269  409.221, Florida Statutes, is repealed.
 2270         Section 103. Paragraph (a) of subsection (3) of section
 2271  409.25575, Florida Statutes, is amended to read:
 2272         409.25575 Support enforcement; privatization.—
 2273         (3)(a) The department shall establish a quality assurance
 2274  program for the privatization of services. The quality assurance
 2275  program must include standards for each specific component of
 2276  these services. The department shall establish minimum
 2277  thresholds for each component. Each program operated pursuant to
 2278  contract must be evaluated annually by the department or by an
 2279  objective competent entity designated by the department under
 2280  the provisions of the quality assurance program. The evaluation
 2281  must be financed from cost savings associated with the
 2282  privatization of services. The department shall submit an annual
 2283  report regarding quality performance, outcome measure
 2284  attainment, and cost efficiency to the President of the Senate,
 2285  the Speaker of the House of Representatives, the Minority leader
 2286  of each house of the Legislature, and the Governor no later than
 2287  January 31 of each year, beginning in 1999. The quality
 2288  assurance program must be financed through administrative
 2289  savings generated by this act.
 2290         Section 104. Subsection (9) of section 409.2558, Florida
 2291  Statutes, is amended to read:
 2292         409.2558 Support distribution and disbursement.—
 2293         (9) RULEMAKING AUTHORITY.—The department may adopt rules to
 2294  administer this section. The department shall provide a draft of
 2295  the proposed concepts for the rule for the undistributable
 2296  collections to interested parties for review and recommendations
 2297  prior to full development of the rule and initiating the formal
 2298  rule-development process. The department shall consider but is
 2299  not required to implement the recommendations. The department
 2300  shall provide a report to the President of the Senate and the
 2301  Speaker of the House of Representatives containing the
 2302  recommendations received from interested parties and the
 2303  department’s response regarding incorporating the
 2304  recommendations into the rule.
 2305         Section 105. Subsection (3) of section 409.441, Florida
 2306  Statutes, is repealed.
 2307         Section 106. Subsection (24) of section 409.906, Florida
 2308  Statutes, is amended to read:
 2309         409.906 Optional Medicaid services.—Subject to specific
 2310  appropriations, the agency may make payments for services which
 2311  are optional to the state under Title XIX of the Social Security
 2312  Act and are furnished by Medicaid providers to recipients who
 2313  are determined to be eligible on the dates on which the services
 2314  were provided. Any optional service that is provided shall be
 2315  provided only when medically necessary and in accordance with
 2316  state and federal law. Optional services rendered by providers
 2317  in mobile units to Medicaid recipients may be restricted or
 2318  prohibited by the agency. Nothing in this section shall be
 2319  construed to prevent or limit the agency from adjusting fees,
 2320  reimbursement rates, lengths of stay, number of visits, or
 2321  number of services, or making any other adjustments necessary to
 2322  comply with the availability of moneys and any limitations or
 2323  directions provided for in the General Appropriations Act or
 2324  chapter 216. If necessary to safeguard the state’s systems of
 2325  providing services to elderly and disabled persons and subject
 2326  to the notice and review provisions of s. 216.177, the Governor
 2327  may direct the Agency for Health Care Administration to amend
 2328  the Medicaid state plan to delete the optional Medicaid service
 2329  known as “Intermediate Care Facilities for the Developmentally
 2330  Disabled.” Optional services may include:
 2331         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 2332  Health Care Administration, in consultation with the Department
 2333  of Children and Family Services, may establish a targeted case
 2334  management project in those counties identified by the
 2335  Department of Children and Family Services and for all counties
 2336  with a community-based child welfare project, as authorized
 2337  under s. 409.1671, which have been specifically approved by the
 2338  department. Results of targeted case management projects shall
 2339  be reported to the Social Services Estimating Conference
 2340  established under s. 216.136. The covered group of individuals
 2341  who are eligible to receive targeted case management include
 2342  children who are eligible for Medicaid; who are between the ages
 2343  of birth through 21; and who are under protective supervision or
 2344  postplacement supervision, under foster-care supervision, or in
 2345  shelter care or foster care. The number of individuals who are
 2346  eligible to receive targeted case management is shall be limited
 2347  to the number for whom the Department of Children and Family
 2348  Services has available matching funds to cover the costs. The
 2349  general revenue funds required to match the funds for services
 2350  provided by the community-based child welfare projects are
 2351  limited to funds available for services described under s.
 2352  409.1671. The Department of Children and Family Services may
 2353  transfer the general revenue matching funds as billed by the
 2354  Agency for Health Care Administration.
 2355         Section 107. Paragraph (b) of subsection (4), subsections
 2356  (29) and (44), and paragraph (c) of subsection (49) of section
 2357  409.912, Florida Statutes, are amended to read:
 2358         409.912 Cost-effective purchasing of health care.—The
 2359  agency shall purchase goods and services for Medicaid recipients
 2360  in the most cost-effective manner consistent with the delivery
 2361  of quality medical care. To ensure that medical services are
 2362  effectively utilized, the agency may, in any case, require a
 2363  confirmation or second physician’s opinion of the correct
 2364  diagnosis for purposes of authorizing future services under the
 2365  Medicaid program. This section does not restrict access to
 2366  emergency services or poststabilization care services as defined
 2367  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2368  shall be rendered in a manner approved by the agency. The agency
 2369  shall maximize the use of prepaid per capita and prepaid
 2370  aggregate fixed-sum basis services when appropriate and other
 2371  alternative service delivery and reimbursement methodologies,
 2372  including competitive bidding pursuant to s. 287.057, designed
 2373  to facilitate the cost-effective purchase of a case-managed
 2374  continuum of care. The agency shall also require providers to
 2375  minimize the exposure of recipients to the need for acute
 2376  inpatient, custodial, and other institutional care and the
 2377  inappropriate or unnecessary use of high-cost services. The
 2378  agency shall contract with a vendor to monitor and evaluate the
 2379  clinical practice patterns of providers in order to identify
 2380  trends that are outside the normal practice patterns of a
 2381  provider’s professional peers or the national guidelines of a
 2382  provider’s professional association. The vendor must be able to
 2383  provide information and counseling to a provider whose practice
 2384  patterns are outside the norms, in consultation with the agency,
 2385  to improve patient care and reduce inappropriate utilization.
 2386  The agency may mandate prior authorization, drug therapy
 2387  management, or disease management participation for certain
 2388  populations of Medicaid beneficiaries, certain drug classes, or
 2389  particular drugs to prevent fraud, abuse, overuse, and possible
 2390  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2391  Committee shall make recommendations to the agency on drugs for
 2392  which prior authorization is required. The agency shall inform
 2393  the Pharmaceutical and Therapeutics Committee of its decisions
 2394  regarding drugs subject to prior authorization. The agency is
 2395  authorized to limit the entities it contracts with or enrolls as
 2396  Medicaid providers by developing a provider network through
 2397  provider credentialing. The agency may competitively bid single
 2398  source-provider contracts if procurement of goods or services
 2399  results in demonstrated cost savings to the state without
 2400  limiting access to care. The agency may limit its network based
 2401  on the assessment of beneficiary access to care, provider
 2402  availability, provider quality standards, time and distance
 2403  standards for access to care, the cultural competence of the
 2404  provider network, demographic characteristics of Medicaid
 2405  beneficiaries, practice and provider-to-beneficiary standards,
 2406  appointment wait times, beneficiary use of services, provider
 2407  turnover, provider profiling, provider licensure history,
 2408  previous program integrity investigations and findings, peer
 2409  review, provider Medicaid policy and billing compliance records,
 2410  clinical and medical record audits, and other factors. Providers
 2411  shall not be entitled to enrollment in the Medicaid provider
 2412  network. The agency shall determine instances in which allowing
 2413  Medicaid beneficiaries to purchase durable medical equipment and
 2414  other goods is less expensive to the Medicaid program than long
 2415  term rental of the equipment or goods. The agency may establish
 2416  rules to facilitate purchases in lieu of long-term rentals in
 2417  order to protect against fraud and abuse in the Medicaid program
 2418  as defined in s. 409.913. The agency may seek federal waivers
 2419  necessary to administer these policies.
 2420         (4) The agency may contract with:
 2421         (b) An entity that is providing comprehensive behavioral
 2422  health care services to specified certain Medicaid recipients
 2423  through a capitated, prepaid arrangement pursuant to the federal
 2424  waiver in provided for by s. 409.905(5). The Such an entity must
 2425  be licensed under chapter 624, chapter 636, or chapter 641 and
 2426  must possess the clinical systems and operational competence to
 2427  manage risk and provide comprehensive behavioral health care to
 2428  Medicaid recipients. As used in this paragraph, the term
 2429  “comprehensive behavioral health care services” means covered
 2430  mental health and substance abuse treatment services that are
 2431  available to Medicaid recipients. The Secretary of the
 2432  Department of Children and Family Services shall approve
 2433  provisions of procurements related to children in the
 2434  department’s care or custody before prior to enrolling such
 2435  children in a prepaid behavioral health plan. A Any contract
 2436  awarded under this paragraph must be competitively procured. In
 2437  developing The behavioral health care prepaid plan procurement
 2438  document must require, the agency shall ensure that the
 2439  procurement document requires the contractor to develop and
 2440  implement a plan that ensures to ensure compliance with s.
 2441  394.4574 related to services provided to residents of licensed
 2442  assisted living facilities that hold a limited mental health
 2443  license. Except as provided in subparagraph 8., and except in
 2444  counties where the Medicaid managed care pilot program is
 2445  authorized pursuant to s. 409.91211, the agency shall seek
 2446  federal approval to contract with a single entity meeting the
 2447  these requirements to provide comprehensive behavioral health
 2448  care services to all Medicaid recipients not enrolled in a
 2449  Medicaid managed care plan authorized under s. 409.91211 or a
 2450  Medicaid health maintenance organization in an agency AHCA area.
 2451  In an agency AHCA area where the Medicaid managed care pilot
 2452  program is authorized pursuant to s. 409.91211 in one or more
 2453  counties, the agency may procure a contract with a single entity
 2454  to serve the remaining counties as an agency AHCA area or the
 2455  remaining counties may be included with an adjacent agency AHCA
 2456  area and shall be subject to this paragraph. Each entity must
 2457  offer sufficient choice of providers in its network to ensure
 2458  recipient access to care and the opportunity to select a
 2459  provider with whom the recipient is they are satisfied. The
 2460  network must shall include all public mental health hospitals.
 2461  To ensure unimpaired access to behavioral health care services
 2462  by Medicaid recipients, all contracts issued pursuant to this
 2463  paragraph must shall require 80 percent of the capitation paid
 2464  to the managed care plan, including health maintenance
 2465  organizations, to be expended for the provision of behavioral
 2466  health care services. If In the event the managed care plan
 2467  expends less than 80 percent of the capitation paid pursuant to
 2468  this paragraph for the provision of behavioral health care
 2469  services, the difference must shall be returned to the agency.
 2470  The agency shall provide the managed care plan with a
 2471  certification letter indicating the amount of capitation paid
 2472  during each calendar year for the provision of behavioral health
 2473  care services pursuant to this section. The agency may reimburse
 2474  for substance abuse treatment services on a fee-for-service
 2475  basis until the agency finds that adequate funds are available
 2476  for capitated, prepaid arrangements.
 2477         1. By January 1, 2001, the agency shall modify the
 2478  Contracts with the entities providing comprehensive inpatient
 2479  and outpatient mental health care services to Medicaid
 2480  recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
 2481  Counties must, to include substance abuse treatment services.
 2482         2. By July 1, 2003, The agency and the Department of
 2483  Children and Family Services shall execute a written agreement
 2484  that requires collaboration and joint development of all policy,
 2485  budgets, procurement documents, contracts, and monitoring plans
 2486  that have an impact on the state and Medicaid community mental
 2487  health and targeted case management programs.
 2488         3. Except as provided in subparagraph 8., by July 1, 2006,
 2489  the agency and the Department of Children and Family Services
 2490  shall contract with managed care entities in each agency AHCA
 2491  area except area 6 or arrange to provide comprehensive inpatient
 2492  and outpatient mental health and substance abuse services
 2493  through capitated prepaid arrangements to all Medicaid
 2494  recipients who are eligible to participate in such plans under
 2495  federal law and regulation. In agency AHCA areas where the
 2496  eligible population is fewer individuals number less than
 2497  150,000, the agency shall contract with a single managed care
 2498  plan to provide comprehensive behavioral health services to all
 2499  recipients who are not enrolled in a Medicaid health maintenance
 2500  organization or a Medicaid capitated managed care plan
 2501  authorized under s. 409.91211. The agency may contract with more
 2502  than one comprehensive behavioral health provider to provide
 2503  care to recipients who are not enrolled in a Medicaid capitated
 2504  managed care plan authorized under s. 409.91211 or a Medicaid
 2505  health maintenance organization in agency AHCA areas where the
 2506  eligible population exceeds 150,000. In an agency AHCA area
 2507  where the Medicaid managed care pilot program is authorized
 2508  pursuant to s. 409.91211 in one or more counties, the agency may
 2509  procure a contract with a single entity to serve the remaining
 2510  counties as an agency AHCA area or the remaining counties may be
 2511  included with an adjacent agency AHCA area and shall be subject
 2512  to this paragraph. Contracts for comprehensive behavioral health
 2513  providers awarded pursuant to this section shall be
 2514  competitively procured. Both For-profit and not-for-profit
 2515  corporations are shall be eligible to compete. Managed care
 2516  plans contracting with the agency under subsection (3) shall
 2517  provide and receive payment for the same comprehensive
 2518  behavioral health benefits as provided in agency AHCA rules,
 2519  including handbooks incorporated by reference. In agency AHCA
 2520  area 11, the agency shall contract with at least two
 2521  comprehensive behavioral health care providers to provide
 2522  behavioral health care to recipients in that area who are
 2523  enrolled in, or assigned to, the MediPass program. One of the
 2524  behavioral health care contracts must shall be with the existing
 2525  provider service network pilot project, as described in
 2526  paragraph (d), for the purpose of demonstrating the cost
 2527  effectiveness of the provision of quality mental health services
 2528  through a public hospital-operated managed care model. Payment
 2529  must shall be at an agreed-upon capitated rate to ensure cost
 2530  savings. Of the recipients in area 11 who are assigned to
 2531  MediPass under the provisions of s. 409.9122(2)(k), a minimum of
 2532  50,000 must of those MediPass-enrolled recipients shall be
 2533  assigned to the existing provider service network in area 11 for
 2534  their behavioral care.
 2535         4. By October 1, 2003, the agency and the department shall
 2536  submit a plan to the Governor, the President of the Senate, and
 2537  the Speaker of the House of Representatives which provides for
 2538  the full implementation of capitated prepaid behavioral health
 2539  care in all areas of the state.
 2540         a. Implementation shall begin in 2003 in those AHCA areas
 2541  of the state where the agency is able to establish sufficient
 2542  capitation rates.
 2543         4.b. If the agency determines that the proposed capitation
 2544  rate in an any area is insufficient to provide appropriate
 2545  services, the agency may adjust the capitation rate to ensure
 2546  that care is will be available. The agency and the department
 2547  may use existing general revenue to address any additional
 2548  required match but may not over-obligate existing funds on an
 2549  annualized basis.
 2550         c. Subject to any limitations provided for in the General
 2551  Appropriations Act, the agency, in compliance with appropriate
 2552  federal authorization, shall develop policies and procedures
 2553  that allow for certification of local and state funds.
 2554         5. Children residing in a statewide inpatient psychiatric
 2555  program, or in a Department of Juvenile Justice or a Department
 2556  of Children and Family Services residential program approved as
 2557  a Medicaid behavioral health overlay services provider may shall
 2558  not be included in a behavioral health care prepaid health plan
 2559  or any other Medicaid managed care plan pursuant to this
 2560  paragraph.
 2561         6. In converting to a prepaid system of delivery, the
 2562  agency shall in its procurement document shall require an entity
 2563  providing only comprehensive behavioral health care services to
 2564  prevent the displacement of indigent care patients by enrollees
 2565  in the Medicaid prepaid health plan providing behavioral health
 2566  care services from facilities receiving state funding to provide
 2567  indigent behavioral health care, to facilities licensed under
 2568  chapter 395 which do not receive state funding for indigent
 2569  behavioral health care, or reimburse the unsubsidized facility
 2570  for the cost of behavioral health care provided to the displaced
 2571  indigent care patient.
 2572         7. Traditional community mental health providers under
 2573  contract with the Department of Children and Family Services
 2574  pursuant to part IV of chapter 394, child welfare providers
 2575  under contract with the Department of Children and Family
 2576  Services in areas 1 and 6, and inpatient mental health providers
 2577  licensed under pursuant to chapter 395 must be offered an
 2578  opportunity to accept or decline a contract to participate in
 2579  any provider network for prepaid behavioral health services.
 2580         8. All Medicaid-eligible children, except children in area
 2581  1 and children in Highlands County, Hardee County, Polk County,
 2582  or Manatee County of area 6, who are open for child welfare
 2583  services in the HomeSafeNet system, shall receive their
 2584  behavioral health care services through a specialty prepaid plan
 2585  operated by community-based lead agencies either through a
 2586  single agency or formal agreements among several agencies. The
 2587  specialty prepaid plan must result in savings to the state
 2588  comparable to savings achieved in other Medicaid managed care
 2589  and prepaid programs. The Such plan must provide mechanisms to
 2590  maximize state and local revenues. The agency and the Department
 2591  of Children and Family Services specialty prepaid plan shall
 2592  develop the specialty prepaid plan be developed by the agency
 2593  and the Department of Children and Family Services. The agency
 2594  may is authorized to seek any federal waivers to implement this
 2595  initiative. Medicaid-eligible children whose cases are open for
 2596  child welfare services in the HomeSafeNet system and who reside
 2597  in agency AHCA area 10 are exempt from the specialty prepaid
 2598  plan upon the development of a service delivery mechanism for
 2599  children who reside in area 10 as specified in s.
 2600  409.91211(3)(dd).
 2601         (29) The agency shall perform enrollments and
 2602  disenrollments for Medicaid recipients who are eligible for
 2603  MediPass or managed care plans. Notwithstanding the prohibition
 2604  contained in paragraph (21)(f), managed care plans may perform
 2605  preenrollments of Medicaid recipients under the supervision of
 2606  the agency or its agents. For the purposes of this section, the
 2607  term “preenrollment” means the provision of marketing and
 2608  educational materials to a Medicaid recipient and assistance in
 2609  completing the application forms, but does shall not include
 2610  actual enrollment into a managed care plan. An application for
 2611  enrollment may shall not be deemed complete until the agency or
 2612  its agent verifies that the recipient made an informed,
 2613  voluntary choice. The agency, in cooperation with the Department
 2614  of Children and Family Services, may test new marketing
 2615  initiatives to inform Medicaid recipients about their managed
 2616  care options at selected sites. The agency shall report to the
 2617  Legislature on the effectiveness of such initiatives. The agency
 2618  may contract with a third party to perform managed care plan and
 2619  MediPass enrollment and disenrollment services for Medicaid
 2620  recipients and may is authorized to adopt rules to administer
 2621  implement such services. The agency may adjust the capitation
 2622  rate only to cover the costs of a third-party enrollment and
 2623  disenrollment contract, and for agency supervision and
 2624  management of the managed care plan enrollment and disenrollment
 2625  contract.
 2626         (44) The Agency for Health Care Administration shall ensure
 2627  that any Medicaid managed care plan as defined in s.
 2628  409.9122(2)(f), whether paid on a capitated basis or a shared
 2629  savings basis, is cost-effective. For purposes of this
 2630  subsection, the term “cost-effective” means that a network’s
 2631  per-member, per-month costs to the state, including, but not
 2632  limited to, fee-for-service costs, administrative costs, and
 2633  case-management fees, if any, must be no greater than the
 2634  state’s costs associated with contracts for Medicaid services
 2635  established under subsection (3), which may be adjusted for
 2636  health status. The agency shall conduct actuarially sound
 2637  adjustments for health status in order to ensure such cost
 2638  effectiveness and shall annually publish the results on its
 2639  Internet website and submit the results annually to the
 2640  Governor, the President of the Senate, and the Speaker of the
 2641  House of Representatives no later than December 31 of each year.
 2642  Contracts established pursuant to this subsection which are not
 2643  cost-effective may not be renewed.
 2644         (49) The agency shall contract with established minority
 2645  physician networks that provide services to historically
 2646  underserved minority patients. The networks must provide cost
 2647  effective Medicaid services, comply with the requirements to be
 2648  a MediPass provider, and provide their primary care physicians
 2649  with access to data and other management tools necessary to
 2650  assist them in ensuring the appropriate use of services,
 2651  including inpatient hospital services and pharmaceuticals.
 2652         (c) For purposes of this subsection, the term “cost
 2653  effective” means that a network’s per-member, per-month costs to
 2654  the state, including, but not limited to, fee-for-service costs,
 2655  administrative costs, and case-management fees, if any, must be
 2656  no greater than the state’s costs associated with contracts for
 2657  Medicaid services established under subsection (3), which shall
 2658  be actuarially adjusted for case mix, model, and service area.
 2659  The agency shall conduct actuarially sound audits adjusted for
 2660  case mix and model in order to ensure such cost-effectiveness
 2661  and shall annually publish the audit results on its Internet
 2662  website and submit the audit results annually to the Governor,
 2663  the President of the Senate, and the Speaker of the House of
 2664  Representatives no later than December 31. Contracts established
 2665  pursuant to this subsection which are not cost-effective may not
 2666  be renewed.
 2667         Section 108. Section 410.0245, Florida Statutes, is
 2668  repealed.
 2669         Section 109. Subsection (10) of section 410.604, Florida
 2670  Statutes, is repealed.
 2671         Section 110. Paragraph (d) of subsection (5) of section
 2672  411.0102, Florida Statutes, is amended to read:
 2673         411.0102 Child Care Executive Partnership Act; findings and
 2674  intent; grant; limitation; rules.—
 2675         (5)
 2676         (d) Each early learning coalition shall be required to
 2677  establish a community child care task force for each child care
 2678  purchasing pool. The task force must be composed of employers,
 2679  parents, private child care providers, and one representative
 2680  from the local children’s services council, if one exists in the
 2681  area of the purchasing pool. The early learning coalition is
 2682  expected to recruit the task force members from existing child
 2683  care councils, commissions, or task forces already operating in
 2684  the area of a purchasing pool. A majority of the task force
 2685  shall consist of employers. Each task force shall develop a plan
 2686  for the use of child care purchasing pool funds. The plan must
 2687  show how many children will be served by the purchasing pool,
 2688  how many will be new to receiving child care services, and how
 2689  the early learning coalition intends to attract new employers
 2690  and their employees to the program.
 2691         Section 111. Section 411.221, Florida Statutes, is
 2692  repealed.
 2693         Section 112. Section 411.242, Florida Statutes, is
 2694  repealed.
 2695         Section 113. Section 414.14, Florida Statutes, is amended
 2696  to read:
 2697         414.14 Public assistance policy simplification.—To the
 2698  extent possible, the department shall align the requirements for
 2699  eligibility under this chapter with the food stamp program and
 2700  medical assistance eligibility policies and procedures to
 2701  simplify the budgeting process and reduce errors. If the
 2702  department determines that s. 414.075, relating to resources, or
 2703  s. 414.085, relating to income, is inconsistent with related
 2704  provisions of federal law governing which govern the food stamp
 2705  program or medical assistance, and that conformance to federal
 2706  law would simplify administration of the WAGES Program or reduce
 2707  errors without materially increasing the cost of the program to
 2708  the state, the secretary of the department may propose a change
 2709  in the resource or income requirements of the program by rule.
 2710  The secretary shall provide written notice to the President of
 2711  the Senate, the Speaker of the House of Representatives, and the
 2712  chairpersons of the relevant committees of both houses of the
 2713  Legislature summarizing the proposed modifications to be made by
 2714  rule and changes necessary to conform state law to federal law.
 2715  The proposed rule shall take effect 14 days after written notice
 2716  is given unless the President of the Senate or the Speaker of
 2717  the House of Representatives advises the secretary that the
 2718  proposed rule exceeds the delegated authority of the
 2719  Legislature.
 2720         Section 114. Subsection (1) of section 414.36, Florida
 2721  Statutes, is repealed.
 2722         Section 115. Subsection (3) of section 414.391, Florida
 2723  Statutes, is repealed.
 2724         Section 116. Subsection (6) of section 415.1045, Florida
 2725  Statutes, is amended to read:
 2726         415.1045 Photographs, videotapes, and medical examinations;
 2727  abrogation of privileged communications; confidential records
 2728  and documents.—
 2729         (6) WORKING AGREEMENTS.—By March 1, 2004, The department
 2730  shall enter into working agreements with the jurisdictionally
 2731  responsible county sheriff’s sheriffs’ office or local police
 2732  department that will be the lead agency for when conducting any
 2733  criminal investigation arising from an allegation of abuse,
 2734  neglect, or exploitation of a vulnerable adult. The working
 2735  agreement must specify how the requirements of this chapter will
 2736  be met. The Office of Program Policy Analysis and Government
 2737  Accountability shall conduct a review of the efficacy of the
 2738  agreements and report its findings to the Legislature by March
 2739  1, 2005. For the purposes of such agreement, the
 2740  jurisdictionally responsible law enforcement entity may is
 2741  authorized to share Florida criminal history and local criminal
 2742  history information that is not otherwise exempt from s.
 2743  119.07(1) with the district personnel. A law enforcement entity
 2744  entering into such agreement must comply with s. 943.0525.
 2745  Criminal justice information provided by the such law
 2746  enforcement entity may shall be used only for the purposes
 2747  specified in the agreement and shall be provided at no charge.
 2748  Notwithstanding any other provision of law, the Department of
 2749  Law Enforcement shall provide to the department electronic
 2750  access to Florida criminal justice information that which is
 2751  lawfully available and not exempt from s. 119.07(1), only for
 2752  the purpose of protective investigations and emergency
 2753  placement. As a condition of access to the such information, the
 2754  department shall be required to execute an appropriate user
 2755  agreement addressing the access, use, dissemination, and
 2756  destruction of such information and to comply with all
 2757  applicable laws and rules of the Department of Law Enforcement.
 2758         Section 117. Subsection (9) of section 420.622, Florida
 2759  Statutes, is amended to read:
 2760         420.622 State Office on Homelessness; Council on
 2761  Homelessness.—
 2762         (9) The council shall, by December 31 of each year, provide
 2763  issue to the Governor, the Legislature President of the Senate,
 2764  the Speaker of the House of Representatives, and the Secretary
 2765  of Children and Family Services an evaluation of the executive
 2766  director’s performance in fulfilling the statutory duties of the
 2767  office, a report summarizing the extent of homelessness in the
 2768  state and the council’s recommendations to the office and the
 2769  corresponding actions taken by the office, and any
 2770  recommendations to the Legislature for reducing proposals to
 2771  reduce homelessness in this state.
 2772         Section 118. Subsection (4) of section 420.623, Florida
 2773  Statutes, is repealed.
 2774         Section 119. Subsection (9) of section 427.704, Florida
 2775  Statutes, is amended to read:
 2776         427.704 Powers and duties of the commission.—
 2777         (9) The commission shall prepare provide to the President
 2778  of the Senate and to the Speaker of the House of Representatives
 2779  an annual report on the operation of the telecommunications
 2780  access system which shall be available on the commission’s
 2781  Internet website. The first report shall be provided no later
 2782  than January 1, 1992, and successive reports shall be provided
 2783  by January 1 of each year thereafter. Reports must shall be
 2784  prepared in consultation with the administrator and the advisory
 2785  committee appointed pursuant to s. 427.706. The reports must
 2786  shall, at a minimum, briefly outline the status of developments
 2787  in of the telecommunications access system, the number of
 2788  persons served, the call volume, revenues and expenditures, the
 2789  allocation of the revenues and expenditures between provision of
 2790  specialized telecommunications devices to individuals and
 2791  operation of statewide relay service, other major policy or
 2792  operational issues, and proposals for improvements or changes to
 2793  the telecommunications access system.
 2794         Section 120. Subsection (2) of section 427.706, Florida
 2795  Statutes, is amended to read:
 2796         427.706 Advisory committee.—
 2797         (2) The advisory committee shall provide the expertise,
 2798  experience, and perspective of persons who are hearing impaired
 2799  or speech impaired to the commission and to the administrator
 2800  during all phases of the development and operation of the
 2801  telecommunications access system. The advisory committee shall
 2802  advise the commission and the administrator on any matter
 2803  relating to the quality and cost-effectiveness of the
 2804  telecommunications relay service and the specialized
 2805  telecommunications devices distribution system. The advisory
 2806  committee may submit material for inclusion in the annual report
 2807  prepared pursuant to s. 427.704 to the President of the Senate
 2808  and the Speaker of the House of Representatives.
 2809         Section 121. Paragraph (b) of subsection (3) of section
 2810  429.07, Florida Statutes, is amended to read:
 2811         429.07 License required; fee.—
 2812         (3) In addition to the requirements of s. 408.806, each
 2813  license granted by the agency must state the type of care for
 2814  which the license is granted. Licenses shall be issued for one
 2815  or more of the following categories of care: standard, extended
 2816  congregate care, limited nursing services, or limited mental
 2817  health.
 2818         (b) An extended congregate care license shall be issued to
 2819  facilities providing, directly or through contract, services
 2820  beyond those authorized in paragraph (a), including services
 2821  performed by persons licensed under acts performed pursuant to
 2822  part I of chapter 464 by persons licensed thereunder, and
 2823  supportive services, as defined by rule, to persons who would
 2824  otherwise would be disqualified from continued residence in a
 2825  facility licensed under this part.
 2826         1. In order for extended congregate care services to be
 2827  provided in a facility licensed under this part, the agency must
 2828  first determine that all requirements established in law and
 2829  rule are met and must specifically designate, on the facility’s
 2830  license, that such services may be provided and whether the
 2831  designation applies to all or part of the a facility. Such
 2832  designation may be made at the time of initial licensure or
 2833  relicensure, or upon request in writing by a licensee under this
 2834  part and part II of chapter 408. The notification of approval or
 2835  the denial of the such request shall be made in accordance with
 2836  part II of chapter 408. Existing facilities qualifying to
 2837  provide extended congregate care services must have maintained a
 2838  standard license and may not have been subject to administrative
 2839  sanctions during the previous 2 years, or since initial
 2840  licensure if the facility has been licensed for less than 2
 2841  years, for any of the following reasons:
 2842         a. A class I or class II violation;
 2843         b. Three or more repeat or recurring class III violations
 2844  of identical or similar resident care standards as specified in
 2845  rule from which a pattern of noncompliance is found by the
 2846  agency;
 2847         c. Three or more class III violations that were not
 2848  corrected in accordance with the corrective action plan approved
 2849  by the agency;
 2850         d. Violation of resident care standards which results in
 2851  requiring the facility resulting in a requirement to employ the
 2852  services of a consultant pharmacist or consultant dietitian;
 2853         e. Denial, suspension, or revocation of a license for
 2854  another facility licensed under this part in which the applicant
 2855  for an extended congregate care license has at least 25 percent
 2856  ownership interest; or
 2857         f. Imposition of a moratorium pursuant to this part or part
 2858  II of chapter 408 or initiation of injunctive proceedings.
 2859         2. A facility that is Facilities that are licensed to
 2860  provide extended congregate care services shall maintain a
 2861  written progress report on each person who receives such
 2862  services, which report describes the type, amount, duration,
 2863  scope, and outcome of services that are rendered and the general
 2864  status of the resident’s health. A registered nurse, or
 2865  appropriate designee, representing the agency shall visit the
 2866  facility such facilities at least quarterly to monitor residents
 2867  who are receiving extended congregate care services and to
 2868  determine if the facility is in compliance with this part, part
 2869  II of chapter 408, and relevant rules that relate to extended
 2870  congregate care. One of the these visits may be in conjunction
 2871  with the regular survey. The monitoring visits may be provided
 2872  through contractual arrangements with appropriate community
 2873  agencies. A registered nurse shall serve as part of the team
 2874  that inspects the such facility. The agency may waive one of the
 2875  required yearly monitoring visits for a facility that has been
 2876  licensed for at least 24 months to provide extended congregate
 2877  care services, if, during the inspection, the registered nurse
 2878  determines that extended congregate care services are being
 2879  provided appropriately, and if the facility has no class I or
 2880  class II violations and no uncorrected class III violations.
 2881  Before such decision is made, The agency must first shall
 2882  consult with the long-term care ombudsman council for the area
 2883  in which the facility is located to determine if any complaints
 2884  have been made and substantiated about the quality of services
 2885  or care. The agency may not waive one of the required yearly
 2886  monitoring visits if complaints have been made and
 2887  substantiated.
 2888         3. A facility Facilities that is are licensed to provide
 2889  extended congregate care services must shall:
 2890         a. Demonstrate the capability to meet unanticipated
 2891  resident service needs.
 2892         b. Offer a physical environment that promotes a homelike
 2893  setting, provides for resident privacy, promotes resident
 2894  independence, and allows sufficient congregate space as defined
 2895  by rule.
 2896         c. Have sufficient staff available, taking into account the
 2897  physical plant and firesafety features of the building, to
 2898  assist with the evacuation of residents in an emergency, as
 2899  necessary.
 2900         d. Adopt and follow policies and procedures that maximize
 2901  resident independence, dignity, choice, and decisionmaking to
 2902  permit residents to age in place to the extent possible, so that
 2903  moves due to changes in functional status are minimized or
 2904  avoided.
 2905         e. Allow residents or, if applicable, a resident’s
 2906  representative, designee, surrogate, guardian, or attorney in
 2907  fact to make a variety of personal choices, participate in
 2908  developing service plans, and share responsibility in
 2909  decisionmaking.
 2910         f. Implement the concept of managed risk.
 2911         g. Provide, either directly or through contract, the
 2912  services of a person licensed under pursuant to part I of
 2913  chapter 464.
 2914         h. In addition to the training mandated in s. 429.52,
 2915  provide specialized training as defined by rule for facility
 2916  staff.
 2917         4. A facility that is Facilities licensed to provide
 2918  extended congregate care services is are exempt from the
 2919  criteria for continued residency as set forth in rules adopted
 2920  under s. 429.41. A licensed facility must Facilities so licensed
 2921  shall adopt its their own requirements within guidelines for
 2922  continued residency set forth by rule. However, the facility
 2923  such facilities may not serve residents who require 24-hour
 2924  nursing supervision. A licensed facility that provides
 2925  Facilities licensed to provide extended congregate care services
 2926  must also shall provide each resident with a written copy of
 2927  facility policies governing admission and retention.
 2928         5. The primary purpose of extended congregate care services
 2929  is to allow residents, as they become more impaired, the option
 2930  of remaining in a familiar setting from which they would
 2931  otherwise be disqualified for continued residency. A facility
 2932  licensed to provide extended congregate care services may also
 2933  admit an individual who exceeds the admission criteria for a
 2934  facility with a standard license, if the individual is
 2935  determined appropriate for admission to the extended congregate
 2936  care facility.
 2937         6. Before the admission of an individual to a facility
 2938  licensed to provide extended congregate care services, the
 2939  individual must undergo a medical examination as provided in s.
 2940  429.26(4) and the facility must develop a preliminary service
 2941  plan for the individual.
 2942         7. When a facility can no longer provide or arrange for
 2943  services in accordance with the resident’s service plan and
 2944  needs and the facility’s policy, the facility shall make
 2945  arrangements for relocating the person in accordance with s.
 2946  429.28(1)(k).
 2947         8. Failure to provide extended congregate care services may
 2948  result in denial of extended congregate care license renewal.
 2949         9. No later than January 1 of each year, the department, in
 2950  consultation with the agency, shall prepare and submit to the
 2951  Governor, the President of the Senate, the Speaker of the House
 2952  of Representatives, and the chairs of appropriate legislative
 2953  committees, a report on the status of, and recommendations
 2954  related to, extended congregate care services. The status report
 2955  must include, but need not be limited to, the following
 2956  information:
 2957         a. A description of the facilities licensed to provide such
 2958  services, including total number of beds licensed under this
 2959  part.
 2960         b. The number and characteristics of residents receiving
 2961  such services.
 2962         c. The types of services rendered that could not be
 2963  provided through a standard license.
 2964         d. An analysis of deficiencies cited during licensure
 2965  inspections.
 2966         e. The number of residents who required extended congregate
 2967  care services at admission and the source of admission.
 2968         f. Recommendations for statutory or regulatory changes.
 2969         g. The availability of extended congregate care to state
 2970  clients residing in facilities licensed under this part and in
 2971  need of additional services, and recommendations for
 2972  appropriations to subsidize extended congregate care services
 2973  for such persons.
 2974         h. Such other information as the department considers
 2975  appropriate.
 2976         Section 122. Subsection (2) of section 429.08, Florida
 2977  Statutes, is repealed.
 2978         Section 123. Subsection (5) of section 429.41, Florida
 2979  Statutes, is amended to read:
 2980         429.41 Rules establishing standards.—
 2981         (5) The agency may use an abbreviated biennial standard
 2982  licensure inspection that consists of a review of key quality
 2983  of-care standards in lieu of a full inspection in a facility
 2984  that has facilities which have a good record of past
 2985  performance. However, a full inspection must shall be conducted
 2986  in a facility that has facilities which have had a history of
 2987  class I or class II violations, uncorrected class III
 2988  violations, confirmed ombudsman council complaints, or confirmed
 2989  licensure complaints, within the previous licensure period
 2990  immediately preceding the inspection or if when a potentially
 2991  serious problem is identified during the abbreviated inspection.
 2992  The agency, in consultation with the department, shall develop
 2993  the key quality-of-care standards with input from the State
 2994  Long-Term Care Ombudsman Council and representatives of provider
 2995  groups for incorporation into its rules. The department, in
 2996  consultation with the agency, shall report annually to the
 2997  Legislature concerning its implementation of this subsection.
 2998  The report shall include, at a minimum, the key quality-of-care
 2999  standards which have been developed; the number of facilities
 3000  identified as being eligible for the abbreviated inspection; the
 3001  number of facilities which have received the abbreviated
 3002  inspection and, of those, the number that were converted to full
 3003  inspection; the number and type of subsequent complaints
 3004  received by the agency or department on facilities which have
 3005  had abbreviated inspections; any recommendations for
 3006  modification to this subsection; any plans by the agency to
 3007  modify its implementation of this subsection; and any other
 3008  information which the department believes should be reported.
 3009         Section 124. Subsections (3) through (17) of section
 3010  430.04, Florida Statutes, are amended to read:
 3011         430.04 Duties and responsibilities of the Department of
 3012  Elderly Affairs.—The Department of Elderly Affairs shall:
 3013         (3) Prepare and submit to the Governor, each Cabinet
 3014  member, the President of the Senate, the Speaker of the House of
 3015  Representatives, the minority leaders of the House and Senate,
 3016  and chairpersons of appropriate House and Senate committees a
 3017  master plan for policies and programs in the state related to
 3018  aging. The plan must identify and assess the needs of the
 3019  elderly population in the areas of housing, employment,
 3020  education and training, medical care, long-term care, preventive
 3021  care, protective services, social services, mental health,
 3022  transportation, and long-term care insurance, and other areas
 3023  considered appropriate by the department. The plan must assess
 3024  the needs of particular subgroups of the population and evaluate
 3025  the capacity of existing programs, both public and private and
 3026  in state and local agencies, to respond effectively to
 3027  identified needs. If the plan recommends the transfer of any
 3028  program or service from the Department of Children and Family
 3029  Services to another state department, the plan must also include
 3030  recommendations that provide for an independent third-party
 3031  mechanism, as currently exists in the Florida advocacy councils
 3032  established in ss. 402.165 and 402.166, for protecting the
 3033  constitutional and human rights of recipients of departmental
 3034  services. The plan must include policy goals and program
 3035  strategies designed to respond efficiently to current and
 3036  projected needs. The plan must also include policy goals and
 3037  program strategies to promote intergenerational relationships
 3038  and activities. Public hearings and other appropriate processes
 3039  shall be utilized by the department to solicit input for the
 3040  development and updating of the master plan from parties
 3041  including, but not limited to, the following:
 3042         (a) Elderly citizens and their families and caregivers.
 3043         (b) Local-level public and private service providers,
 3044  advocacy organizations, and other organizations relating to the
 3045  elderly.
 3046         (c) Local governments.
 3047         (d) All state agencies that provide services to the
 3048  elderly.
 3049         (e) University centers on aging.
 3050         (f) Area agency on aging and community care for the elderly
 3051  lead agencies.
 3052         (3)(4) Serve as an information clearinghouse at the state
 3053  level, and assist local-level information and referral resources
 3054  as a repository and means for the dissemination of information
 3055  regarding all federal, state, and local resources for assistance
 3056  to the elderly in the areas of, but not limited to, health,
 3057  social welfare, long-term care, protective services, consumer
 3058  protection, education and training, housing, employment,
 3059  recreation, transportation, insurance, and retirement.
 3060         (4)(5) Recommend guidelines for the development of roles
 3061  for state agencies that provide services for the aging, review
 3062  plans of agencies that provide such services, and relay the
 3063  these plans to the Governor and the Legislature, each Cabinet
 3064  member, the President of the Senate, the Speaker of the House of
 3065  Representatives, the minority leaders of the House and Senate,
 3066  and chairpersons of appropriate House and Senate committees.
 3067         (5)(6) Recommend to the Governor and the Legislature, each
 3068  Cabinet member, the President of the Senate, the Speaker of the
 3069  House of Representatives, the minority leaders of the House and
 3070  Senate, and chairpersons of appropriate House and Senate
 3071  committees an organizational framework for the planning,
 3072  coordination, implementation, and evaluation of programs related
 3073  to aging, with the purpose of expanding and improving programs
 3074  and opportunities available to the state’s elderly population
 3075  and enhancing a continuum of long-term care. This framework must
 3076  ensure assure that:
 3077         (a) Performance objectives are established.
 3078         (b) Program reviews are conducted statewide.
 3079         (c) Each major program related to aging is reviewed every 3
 3080  years.
 3081         (d) Agency budget requests reflect the results and
 3082  recommendations of such program reviews.
 3083         (d)(e) Program decisions reinforce lead to the distinctive
 3084  roles established for state agencies that provide aging
 3085  services.
 3086         (6)(7) Advise the Governor and the Legislature, each
 3087  Cabinet member, the President of the Senate, the Speaker of the
 3088  House of Representatives, the minority leaders of the House and
 3089  Senate, and the chairpersons of appropriate House and Senate
 3090  committees regarding the need for and location of programs
 3091  related to aging.
 3092         (7)(8) Review and coordinate aging research plans of all
 3093  state agencies to ensure that the conformance of research
 3094  objectives address to issues and needs of the state’s elderly
 3095  population addressed in the master plan for policies and
 3096  programs related to aging. The research activities that must be
 3097  reviewed and coordinated by the department include, but are not
 3098  limited to, contracts with academic institutions, development of
 3099  educational and training curriculums, Alzheimer’s disease and
 3100  other medical research, studies of long-term care and other
 3101  personal assistance needs, and design of adaptive or modified
 3102  living environments.
 3103         (8)(9) Review budget requests for programs related to aging
 3104  to ensure the most cost-effective use of state funding for the
 3105  state’s elderly population for compliance with the master plan
 3106  for policies and programs related to aging before submission to
 3107  the Governor and the Legislature.
 3108         (10) Update the master plan for policies and programs
 3109  related to aging every 3 years.
 3110         (11) Review implementation of the master plan for programs
 3111  and policies related to aging and annually report to the
 3112  Governor, each Cabinet member, the President of the Senate, the
 3113  Speaker of the House of Representatives, the minority leaders of
 3114  the House and Senate, and the chairpersons of appropriate House
 3115  and Senate committees the progress towards implementation of the
 3116  plan.
 3117         (9)(12) Request other departments that administer programs
 3118  affecting the state’s elderly population to amend their plans,
 3119  rules, policies, and research objectives as necessary to ensure
 3120  that programs and other initiatives are coordinated and maximize
 3121  the state’s efforts to address the needs of the elderly conform
 3122  with the master plan for policies and programs related to aging.
 3123         (10)(13) Hold public meetings regularly throughout the
 3124  state to receive for purposes of receiving information and
 3125  maximize maximizing the visibility of important issues relating
 3126  to aging and the elderly.
 3127         (11)(14) Conduct policy analysis and program evaluation
 3128  studies assigned by the Legislature.
 3129         (12)(15) Assist the Governor, each Cabinet member, and
 3130  members of the Legislature the President of the Senate, the
 3131  Speaker of the House of Representatives, the minority leaders of
 3132  the House and Senate, and the chairpersons of appropriate House
 3133  and Senate committees in conducting the conduct of their
 3134  responsibilities in such capacities as they consider
 3135  appropriate.
 3136         (13)(16) Call upon appropriate agencies of state government
 3137  for such assistance as is needed in the discharge of its duties.
 3138  All agencies shall cooperate in assisting the department in
 3139  carrying out its responsibilities as prescribed by this section.
 3140  However, the no provision of law regarding with respect to
 3141  confidentiality of information may not be violated.
 3142         (14)(17) Be designated as a state agency that is eligible
 3143  to receive federal funds for adults who are eligible for
 3144  assistance through the portion of the federal Child and Adult
 3145  Care Food Program for adults, which is referred to as the Adult
 3146  Care Food Program, and that is responsible for establishing and
 3147  administering the program. The purpose of the Adult Care Food
 3148  Program is to provide nutritious and wholesome meals and snacks
 3149  for adults in nonresidential day care centers or residential
 3150  treatment facilities. To ensure the quality and integrity of the
 3151  program, the department shall develop standards and procedures
 3152  that govern sponsoring organizations and adult day care centers.
 3153  The department shall follow federal requirements and may adopt
 3154  any rules necessary to administer pursuant to ss. 120.536(1) and
 3155  120.54 for the implementation of the Adult Care Food program
 3156  and. With respect to the Adult Care Food Program, the department
 3157  shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
 3158  implement relevant federal regulations, including 7 C.F.R. part
 3159  226. The rules may address, at a minimum, the program
 3160  requirements and procedures identified in this subsection.
 3161         Section 125. Subsections (3) and (8) of section 430.502,
 3162  Florida Statutes, are amended to read:
 3163         430.502 Alzheimer’s disease; memory disorder clinics and
 3164  day care and respite care programs.—
 3165         (3) The Alzheimer’s Disease Advisory Committee shall must
 3166  evaluate and make recommendations to the department and the
 3167  Legislature concerning the need for additional memory disorder
 3168  clinics in the state. The first report will be due by December
 3169  31, 1995.
 3170         (8) The department shall will implement the waiver program
 3171  specified in subsection (7). The agency and the department shall
 3172  ensure that providers who are selected that have a history of
 3173  successfully serving persons with Alzheimer’s disease are
 3174  selected. The department and the agency shall develop
 3175  specialized standards for providers and services tailored to
 3176  persons in the early, middle, and late stages of Alzheimer’s
 3177  disease and designate a level of care determination process and
 3178  standard that is most appropriate to this population. The
 3179  department and the agency shall include in the waiver services
 3180  designed to assist the caregiver in continuing to provide in
 3181  home care. The department shall implement this waiver program
 3182  subject to a specific appropriation or as provided in the
 3183  General Appropriations Act. The department and the agency shall
 3184  submit their program design to the President of the Senate and
 3185  the Speaker of the House of Representatives for consultation
 3186  during the development process.
 3187         Section 126. Subsection (1) and paragraph (a) of subsection
 3188  (6) of section 445.006, Florida Statutes, are amended to read:
 3189         445.006 Strategic and operational plans for workforce
 3190  development.—
 3191         (1) Workforce Florida, Inc., in conjunction with state and
 3192  local partners in the workforce system, shall develop a
 3193  strategic plan that produces for workforce, with the goal of
 3194  producing skilled employees for employers in the state. The
 3195  strategic plan shall be submitted to the Governor, the President
 3196  of the Senate, and the Speaker of the House of Representatives
 3197  by February 1, 2001. The strategic plan shall be updated or
 3198  modified by January 1 of each year thereafter. The plan must
 3199  include, but need not be limited to, strategies for:
 3200         (a) Fulfilling the workforce system goals and strategies
 3201  prescribed in s. 445.004;
 3202         (b) Aggregating, integrating, and leveraging workforce
 3203  system resources;
 3204         (c) Coordinating the activities of federal, state, and
 3205  local workforce system partners;
 3206         (d) Addressing the workforce needs of small businesses; and
 3207         (e) Fostering the participation of rural communities and
 3208  distressed urban cores in the workforce system.
 3209         (6)(a) The operational plan must include strategies that
 3210  are designed to prevent or reduce the need for a person to
 3211  receive public assistance. The These strategies must include:
 3212         1. A teen pregnancy prevention component that includes, but
 3213  is not limited to, a plan for implementing the Florida Education
 3214  Now and Babies Later (ENABL) program under s. 411.242 and the
 3215  Teen Pregnancy Prevention Community Initiative within each
 3216  county of the services area in which the teen birth rate is
 3217  higher than the state average;
 3218         2. A component that encourages creation of community-based
 3219  welfare prevention and reduction initiatives that increase
 3220  support provided by noncustodial parents to their welfare
 3221  dependent children and are consistent with program and financial
 3222  guidelines developed by Workforce Florida, Inc., and the
 3223  Commission on Responsible Fatherhood. These initiatives may
 3224  include, but are not limited to, improved paternity
 3225  establishment, work activities for noncustodial parents,
 3226  programs aimed at decreasing out-of-wedlock pregnancies,
 3227  encouraging involvement of fathers with their children which
 3228  includes including court-ordered supervised visitation, and
 3229  increasing child support payments;
 3230         3. A component that encourages formation and maintenance of
 3231  two-parent families through, among other things, court-ordered
 3232  supervised visitation;
 3233         4. A component that fosters responsible fatherhood in
 3234  families receiving assistance; and
 3235         5. A component that fosters the provision of services that
 3236  reduce the incidence and effects of domestic violence on women
 3237  and children in families receiving assistance.
 3238         Section 127. Section 455.204, Florida Statutes, is
 3239  repealed.
 3240         Section 128. Subsection (8) of section 455.2226, Florida
 3241  Statutes, is repealed.
 3242         Section 129. Subsection (6) of section 455.2228, Florida
 3243  Statutes, is repealed.
 3244         Section 130. Section 456.005, Florida Statutes, is amended
 3245  to read:
 3246         456.005 Long-range policy planning; plans, reports, and
 3247  recommendations.—To facilitate efficient and cost-effective
 3248  regulation, the department and the board, if where appropriate,
 3249  shall develop and implement a long-range policy planning and
 3250  monitoring process that includes to include recommendations
 3251  specific to each profession. The Such process shall include
 3252  estimates of revenues, expenditures, cash balances, and
 3253  performance statistics for each profession. The period covered
 3254  may shall not be less than 5 years. The department, with input
 3255  from the boards and licensees, shall develop and adopt the long
 3256  range plan and must obtain the approval of the State Surgeon
 3257  General. The department shall monitor compliance with the
 3258  approved long-range plan and, with input from the boards and
 3259  licensees, shall annually update the plans for approval by the
 3260  State Surgeon General. The department shall provide concise
 3261  management reports to the boards quarterly. As part of the
 3262  review process, the department shall evaluate:
 3263         (1) Whether the department, including the boards and the
 3264  various functions performed by the department, is operating
 3265  efficiently and effectively and if there is a need for a board
 3266  or council to assist in cost-effective regulation.
 3267         (2) How and why the various professions are regulated.
 3268         (3) Whether there is a need to continue regulation, and to
 3269  what degree.
 3270         (4) Whether or not consumer protection is adequate, and how
 3271  it can be improved.
 3272         (5) Whether there is consistency between the various
 3273  practice acts.
 3274         (6) Whether unlicensed activity is adequately enforced.
 3275  
 3276  The Such plans shall should include conclusions and
 3277  recommendations on these and other issues as appropriate. Such
 3278  plans shall be provided to the Governor and the Legislature by
 3279  November 1 of each year.
 3280         Section 131. Subsection (9) of section 456.025, Florida
 3281  Statutes, is amended to read:
 3282         456.025 Fees; receipts; disposition.—
 3283         (9) The department shall provide a condensed management
 3284  report of revenues and expenditures budgets, finances,
 3285  performance measures statistics, and recommendations to each
 3286  board at least once a quarter. The department shall identify and
 3287  include in such presentations any changes, or projected changes,
 3288  made to the board’s budget since the last presentation.
 3289         Section 132. Subsection (6) of section 456.034, Florida
 3290  Statutes, is repealed.
 3291         Section 133. Subsections (3) and (4) of section 517.302,
 3292  Florida Statutes, are amended to read:
 3293         517.302 Criminal penalties; alternative fine; Anti-Fraud
 3294  Trust Fund; time limitation for criminal prosecution.—
 3295         (3) In lieu of a fine otherwise authorized by law, a person
 3296  who has been convicted of or who has pleaded guilty or no
 3297  contest to having engaged in conduct in violation of the
 3298  provisions of this chapter may be sentenced to pay a fine that
 3299  does not exceed the greater of three times the gross value
 3300  gained or three times the gross loss caused by such conduct,
 3301  plus court costs and the costs of investigation and prosecution
 3302  reasonably incurred.
 3303         (4)(a) There is created within the office a trust fund to
 3304  be known as the Anti-Fraud Trust Fund. Any amounts assessed as
 3305  costs of investigation and prosecution under this subsection
 3306  shall be deposited in the trust fund. Funds deposited in the
 3307  such trust fund must shall be used, when authorized by
 3308  appropriation, for investigation and prosecution of
 3309  administrative, civil, and criminal actions arising under the
 3310  provisions of this chapter. Funds may also be used to improve
 3311  the public’s awareness and understanding of prudent investing.
 3312         (b) The office shall report to the Executive Office of the
 3313  Governor annually by November 15, the amounts deposited into the
 3314  Anti-Fraud Trust Fund during the previous fiscal year. The
 3315  Executive Office of the Governor shall distribute these reports
 3316  to the President of the Senate and the Speaker of the House of
 3317  Representatives.
 3318         (5)(4) Criminal prosecution for offenses under this chapter
 3319  is subject to the time limitations in of s. 775.15.
 3320         Section 134. Subsection (3) of section 531.415, Florida
 3321  Statutes, is repealed.
 3322         Section 135. Subsection (3) of section 570.0705, Florida
 3323  Statutes, is repealed.
 3324         Section 136. Subsection (5) of section 570.0725, Florida
 3325  Statutes, is repealed.
 3326         Section 137. Subsection (3) of section 570.543, Florida
 3327  Statutes, is repealed.
 3328         Section 138. Section 603.204, Florida Statutes, is amended
 3329  to read:
 3330         603.204 South Florida Tropical Fruit Plan.—
 3331         (1) The Commissioner of Agriculture, in consultation with
 3332  the Tropical Fruit Advisory Council, shall develop and update,
 3333  at least 90 days prior to the 1991 legislative session, submit
 3334  to the President of the Senate, the Speaker of the House of
 3335  Representatives, and the chairs of appropriate Senate and House
 3336  of Representatives committees, a South Florida Tropical Fruit
 3337  Plan, which shall identify problems and constraints of the
 3338  tropical fruit industry, propose possible solutions to such
 3339  problems, and develop planning mechanisms for orderly growth of
 3340  the industry, including:
 3341         (1)(a) Criteria for tropical fruit research, service, and
 3342  management priorities.
 3343         (2)(b) Additional Proposed legislation that which may be
 3344  required.
 3345         (3)(c) Plans relating to other tropical fruit programs and
 3346  related disciplines in the State University System.
 3347         (4)(d) Potential tropical fruit products in terms of market
 3348  and needs for development.
 3349         (5)(e) Evaluation of production and fresh fruit policy
 3350  alternatives, including, but not limited to, setting minimum
 3351  grades and standards, promotion and advertising, development of
 3352  production and marketing strategies, and setting minimum
 3353  standards on types and quality of nursery plants.
 3354         (6)(f) Evaluation of policy alternatives for processed
 3355  tropical fruit products, including, but not limited to, setting
 3356  minimum quality standards and development of production and
 3357  marketing strategies.
 3358         (7)(g) Research and service priorities for further
 3359  development of the tropical fruit industry.
 3360         (8)(h) Identification of state agencies and public and
 3361  private institutions concerned with research, education,
 3362  extension, services, planning, promotion, and marketing
 3363  functions related to tropical fruit development, and delineation
 3364  of contributions and responsibilities. The recommendations in
 3365  the South Florida Tropical Fruit plan relating to education or
 3366  research shall be submitted to the Institute of Food and
 3367  Agricultural Sciences. The recommendations relating to
 3368  regulation or marketing shall be submitted to the Department of
 3369  Agriculture and Consumer Services.
 3370         (9)(i) Business planning, investment potential, financial
 3371  risks, and economics of production and use utilization.
 3372         (2) A revision and update of the South Florida Tropical
 3373  Fruit Plan shall be submitted biennially, and a progress report
 3374  and budget request shall be submitted annually, to the officials
 3375  specified in subsection (1).
 3376         Section 139. Subsection (6) of section 627.64872, Florida
 3377  Statutes, is amended to read:
 3378         627.64872 Florida Health Insurance Plan.—
 3379         (6) INTERIM REPORT; ANNUAL REPORT.—
 3380         (a) By no later than December 1, 2004, the board shall
 3381  report to the Governor, the President of the Senate, and the
 3382  Speaker of the House of Representatives the results of an
 3383  actuarial study conducted by the board to determine, including,
 3384  but not limited to:
 3385         1. The impact the creation of the plan will have on the
 3386  small group insurance market and the individual market on
 3387  premiums paid by insureds. This shall include an estimate of the
 3388  total anticipated aggregate savings for all small employers in
 3389  the state.
 3390         2. The number of individuals the pool could reasonably
 3391  cover at various funding levels, specifically, the number of
 3392  people the pool may cover at each of those funding levels.
 3393         3. A recommendation as to the best source of funding for
 3394  the anticipated deficits of the pool.
 3395         4. The effect on the individual and small group market by
 3396  including in the Florida Health Insurance Plan persons eligible
 3397  for coverage under s. 627.6487, as well as the cost of including
 3398  these individuals.
 3399  
 3400  The board shall take no action to implement the Florida Health
 3401  Insurance Plan, other than the completion of the actuarial study
 3402  authorized in this paragraph, until funds are appropriated for
 3403  startup cost and any projected deficits.
 3404         (b) No later than December 1, 2005, and annually
 3405  thereafter, The board shall annually submit to the Governor, the
 3406  President of the Senate, and the Speaker of the House of
 3407  Representatives, and the substantive legislative committees of
 3408  the Legislature a report that which includes an independent
 3409  actuarial study to determine, without limitation, the following
 3410  including, but not be limited to:
 3411         (a)1. The effect impact the creation of the plan has on the
 3412  small group and individual insurance market, specifically on the
 3413  premiums paid by insureds, including. This shall include an
 3414  estimate of the total anticipated aggregate savings for all
 3415  small employers in the state.
 3416         (b)2. The actual number of individuals covered at the
 3417  current funding and benefit level, the projected number of
 3418  individuals that may seek coverage in the forthcoming fiscal
 3419  year, and the projected funding needed to cover anticipated
 3420  increase or decrease in plan participation.
 3421         (c)3. A recommendation as to the best source of funding for
 3422  the anticipated deficits of the pool.
 3423         (d)4. A summary summarization of the activities of the plan
 3424  in the preceding calendar year, including the net written and
 3425  earned premiums, plan enrollment, the expense of administration,
 3426  and the paid and incurred losses.
 3427         (e)5. A review of the operation of the plan as to whether
 3428  the plan has met the intent of this section.
 3429  
 3430  The board may not implement the Florida Health Insurance Plan
 3431  until funds are appropriated for startup costs and any projected
 3432  deficits; however, the board may complete the actuarial study
 3433  authorized in this subsection.
 3434         Section 140. Subsections (5) and (7) of section 744.708,
 3435  Florida Statutes, are amended to read:
 3436         744.708 Reports and standards.—
 3437         (5)(a) Each office of public guardian shall undergo an
 3438  independent audit by a qualified certified public accountant at
 3439  least once every 2 years. A copy of the audit report shall be
 3440  submitted to the Statewide Public Guardianship Office.
 3441         (b) In addition to regular monitoring activities, the
 3442  Statewide Public Guardianship Office shall conduct an
 3443  investigation into the practices of each office of public
 3444  guardian related to the managing of each ward’s personal affairs
 3445  and property. If When feasible, the investigation required under
 3446  this paragraph shall be conducted in conjunction with the
 3447  financial audit of each office of public guardian under
 3448  paragraph (a).
 3449         (c) In addition, each office of public guardian shall be
 3450  subject to audits or examinations by the Auditor General and the
 3451  Office of Program Policy Analysis and Government Accountability
 3452  pursuant to law.
 3453         (7) The ratio for professional staff to wards shall be 1
 3454  professional to 40 wards. The Statewide Public Guardianship
 3455  Office may increase or decrease the ratio after consultation
 3456  with the local public guardian and the chief judge of the
 3457  circuit court. The basis for of the decision to increase or
 3458  decrease the prescribed ratio must shall be included reported in
 3459  the annual report to the secretary of Elderly Affairs, the
 3460  Governor, the President of the Senate, the Speaker of the House
 3461  of Representatives, and the Chief Justice of the Supreme Court.
 3462         Section 141. Subsection (6) of section 768.295, Florida
 3463  Statutes, is amended to read:
 3464         768.295 Strategic Lawsuits Against Public Participation
 3465  (SLAPP) suits by governmental entities prohibited.—
 3466         (6) In any case filed by a governmental entity which is
 3467  found by a court to be in violation of this section, the
 3468  governmental entity shall report such finding and provide a copy
 3469  of the court’s order to the Attorney General no later than 30
 3470  days after the such order is final. The Attorney General shall
 3471  maintain a record of the court orders report any violation of
 3472  this section by a governmental entity to the Cabinet, the
 3473  President of the Senate, and the Speaker of the House of
 3474  Representatives. A copy of such report shall be provided to the
 3475  affected governmental entity.
 3476         Section 142. Paragraph (c) of subsection (3) of section
 3477  775.084, Florida Statutes, is amended to read:
 3478         775.084 Violent career criminals; habitual felony offenders
 3479  and habitual violent felony offenders; three-time violent felony
 3480  offenders; definitions; procedure; enhanced penalties or
 3481  mandatory minimum prison terms.—
 3482         (3)
 3483         (c) In a separate proceeding, the court shall determine
 3484  whether the defendant is a violent career criminal with respect
 3485  to a primary offense committed on or after October 1, 1995. The
 3486  procedure shall be as follows:
 3487         1. Written notice shall be served on the defendant and the
 3488  defendant’s attorney a sufficient time before prior to the entry
 3489  of a plea or before prior to the imposition of sentence in order
 3490  to allow for the preparation of a submission on behalf of the
 3491  defendant.
 3492         2. All evidence presented shall be presented in open court
 3493  with full rights of confrontation, cross-examination, and
 3494  representation by counsel.
 3495         3. Each of the findings required as the basis for such
 3496  sentence shall be found to exist by a preponderance of the
 3497  evidence and shall be appealable only as provided in paragraph
 3498  (d).
 3499         4. For the purpose of identification, the court shall
 3500  fingerprint the defendant pursuant to s. 921.241.
 3501         5. For an offense committed on or after October 1, 1995, if
 3502  the state attorney pursues a violent career criminal sanction
 3503  against the defendant and the court, in a separate proceeding
 3504  pursuant to this paragraph, determines that the defendant meets
 3505  the criteria under subsection (1) for imposing such sanction,
 3506  the court must sentence the defendant as a violent career
 3507  criminal, subject to imprisonment pursuant to this section
 3508  unless the court finds that such sentence is not necessary for
 3509  the protection of the public. If the court finds that it is not
 3510  necessary for the protection of the public to sentence the
 3511  defendant as a violent career criminal, the court shall provide
 3512  written reasons; a written transcript of orally stated reasons
 3513  is permissible, if filed by the court within 7 days after the
 3514  date of sentencing. Each month, the court shall submit to the
 3515  Office of Economic and Demographic Research of the Legislature
 3516  the written reasons or transcripts in each case in which the
 3517  court determines not to sentence a defendant as a violent career
 3518  criminal as provided in this subparagraph.
 3519         Section 143. Subsection (8) of section 790.22, Florida
 3520  Statutes, is amended to read:
 3521         790.22 Use of BB guns, air or gas-operated guns, or
 3522  electric weapons or devices by minor under 16; limitation;
 3523  possession of firearms by minor under 18 prohibited; penalties.—
 3524         (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
 3525  under 18 years of age is charged with an offense that involves
 3526  the use or possession of a firearm, as defined in s. 790.001,
 3527  including a violation of subsection (3), or is charged for any
 3528  offense during the commission of which the minor possessed a
 3529  firearm, the minor shall be detained in secure detention, unless
 3530  the state attorney authorizes the release of the minor, and
 3531  shall be given a hearing within 24 hours after being taken into
 3532  custody. At the hearing, the court may order that the minor
 3533  continue to be held in secure detention in accordance with the
 3534  applicable time periods specified in s. 985.26(1)-(5), if the
 3535  court finds that the minor meets the criteria specified in s.
 3536  985.255, or if the court finds by clear and convincing evidence
 3537  that the minor is a clear and present danger to himself or
 3538  herself or the community. The Department of Juvenile Justice
 3539  shall prepare a form for all minors charged under this
 3540  subsection which that states the period of detention and the
 3541  relevant demographic information, including, but not limited to,
 3542  the gender sex, age, and race of the minor; whether or not the
 3543  minor was represented by private counsel or a public defender;
 3544  the current offense; and the minor’s complete prior record,
 3545  including any pending cases. The form shall be provided to the
 3546  judge for to be considered when determining whether the minor
 3547  should be continued in secure detention under this subsection.
 3548  An order placing a minor in secure detention because the minor
 3549  is a clear and present danger to himself or herself or the
 3550  community must be in writing, must specify the need for
 3551  detention and the benefits derived by the minor or the community
 3552  by placing the minor in secure detention, and must include a
 3553  copy of the form provided by the department. The Department of
 3554  Juvenile Justice must send the form, including a copy of any
 3555  order, without client-identifying information, to the Office of
 3556  Economic and Demographic Research.
 3557         Section 144. Section 943.125, Florida Statutes, is amended
 3558  to read:
 3559         943.125 Law enforcement agency accreditation; intent.—
 3560         (1) LEGISLATIVE INTENT.—
 3561         (1)(a) It is the intent of the Legislature that law
 3562  enforcement agencies in the state be upgraded and strengthened
 3563  through the adoption of meaningful standards of operation for
 3564  those agencies.
 3565         (2)(b) It is the further intent of the Legislature that law
 3566  enforcement agencies voluntarily adopt standards designed to
 3567  promote equal and fair law enforcement, to maximize the
 3568  capability of law enforcement agencies to prevent and control
 3569  criminal activities, and to increase interagency cooperation
 3570  throughout the state.
 3571         (3)(c) It is further the intent of the Legislature to
 3572  encourage the Florida Sheriffs Association and the Florida
 3573  Police Chiefs Association to develop, either jointly or
 3574  separately, a law enforcement agency accreditation program. The
 3575  Such program must shall be independent of any law enforcement
 3576  agency, the Florida Sheriffs Association, or the Florida Police
 3577  Chiefs Association. The Any such law enforcement agency
 3578  accreditation program must should address, at a minimum, the
 3579  following aspects of law enforcement:
 3580         (a)1. Vehicle pursuits.
 3581         (b)2. Seizure and forfeiture of contraband articles.
 3582         (c)3. Recording and processing citizens’ complaints.
 3583         (d)4. Use of force.
 3584         (e)5. Traffic stops.
 3585         (f)6. Handling natural and manmade disasters.
 3586         (g)7. Special operations.
 3587         (h)8. Prisoner transfer.
 3588         (i)9. Collection and preservation of evidence.
 3589         (j)10. Recruitment and selection.
 3590         (k)11. Officer training.
 3591         (l)12. Performance evaluations.
 3592         (m)13. Law enforcement disciplinary procedures and rights.
 3593         (n)14. Use of criminal investigative funds.
 3594         (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
 3595  Association and the Florida Police Chiefs Association, either
 3596  jointly or separately, shall report to the Speaker of the House
 3597  of Representatives and the President of the Senate regarding the
 3598  feasibility of a law enforcement agency accreditation program
 3599  and the status of the efforts of the Florida Sheriffs
 3600  Association and the Florida Police Chiefs Association to develop
 3601  a law enforcement agency accreditation program as provided in
 3602  this section.
 3603         Section 145. Subsection (9) of section 943.68, Florida
 3604  Statutes, is amended to read:
 3605         943.68 Transportation and protective services.—
 3606         (9) The department shall submit a report each July 15 to
 3607  the President of the Senate, Speaker of the House of
 3608  Representatives, Governor, the Legislature, and members of the
 3609  Cabinet, detailing all transportation and protective services
 3610  provided under subsections (1), (5), and (6) within the
 3611  preceding fiscal year. Each report shall include a detailed
 3612  accounting of the cost of such transportation and protective
 3613  services, including the names of persons provided such services
 3614  and the nature of state business performed.
 3615         Section 146. Section 944.023, Florida Statutes, is amended
 3616  to read:
 3617         944.023 Institutional capacity Comprehensive correctional
 3618  master plan.—
 3619         (1) As used in this section and s. 944.0231, the term:
 3620         (a) “Criminal Justice Estimating Conference” means the
 3621  Criminal Justice Estimating Conference referred to in s.
 3622  216.136(5).
 3623         (b) “Total capacity” of the state correctional system means
 3624  the total design capacity of all institutions and facilities in
 3625  the state correctional system, which may include those
 3626  facilities authorized and funded under chapter 957, increased by
 3627  one-half, with the following exceptions:
 3628         1. Medical and mental health beds must remain at design
 3629  capacity.
 3630         2. Community-based contracted beds must remain at design
 3631  capacity.
 3632         3. The one-inmate-per-cell requirement at the Florida State
 3633  Prison and other maximum security facilities must be maintained
 3634  pursuant to paragraph (3)(a) (7)(a).
 3635         4. Community correctional centers and drug treatment
 3636  centers must be increased by one-third.
 3637         5. A housing unit may not exceed its maximum capacity
 3638  pursuant to paragraphs (3)(a) (7)(a) and (b).
 3639         6. A number of beds equal to 5 percent of total capacity
 3640  shall be deducted for management beds at institutions.
 3641         (c) “State correctional system” means the correctional
 3642  system as defined in s. 944.02.
 3643         (2) The department shall develop a comprehensive
 3644  correctional master plan. The master plan shall project the
 3645  needs for the state correctional system for the coming 5-year
 3646  period and shall be updated annually and submitted to the
 3647  Governor’s office and the Legislature at the same time the
 3648  department submits its legislative budget request as provided in
 3649  chapter 216.
 3650         (3) The purposes of the comprehensive correctional master
 3651  plan shall be:
 3652         (a) To ensure that the penalties of the criminal justice
 3653  system are completely and effectively administered to the
 3654  convicted criminals and, to the maximum extent possible, that
 3655  the criminal is provided opportunities for self-improvement and
 3656  returned to freedom as a productive member of society.
 3657         (b) To the extent possible, to protect the public safety
 3658  and the law-abiding citizens of this state and to carry out the
 3659  laws protecting the rights of the victims of convicted
 3660  criminals.
 3661         (c) To develop and maintain a humane system of punishment
 3662  providing prison inmates with proper housing, nourishment, and
 3663  medical attention.
 3664         (d) To provide fair and adequate compensation and benefits
 3665  to the employees of the state correctional system.
 3666         (e) To the extent possible, to maximize the effective and
 3667  efficient use of the principles used in private business.
 3668         (f) To provide that convicted criminals not be incarcerated
 3669  for any longer period of time or in any more secure facility
 3670  than is necessary to ensure adequate sanctions, rehabilitation
 3671  of offenders, and protection of public safety.
 3672         (4) The comprehensive correctional master plan shall use
 3673  the estimates of the Criminal Justice Estimating Conference and
 3674  shall include:
 3675         (a) A plan for the decentralization of reception and
 3676  classification facilities for the implementation of a systemwide
 3677  diagnosis-and-evaluation capability for adult offenders. The
 3678  plan shall provide for a system of psychological testing and
 3679  evaluation as well as medical screening through department
 3680  resources or with other public or private agencies through a
 3681  purchase-of-services agreement.
 3682         (b) A plan developed by the department for the
 3683  comprehensive vocational and educational training of, and
 3684  treatment programs for, offenders and their evaluation within
 3685  each institution, program, or facility of the department, based
 3686  upon the identified needs of the offender and the requirements
 3687  of the employment market.
 3688         (c) A plan contracting with local facilities and programs
 3689  as short-term confinement resources of the department for
 3690  offenders who are sentenced to 3 years or less, or who are
 3691  within 3 years or less of their anticipated release date, and
 3692  integration of detention services which have community-based
 3693  programs. The plan shall designate such facilities and programs
 3694  by region of the state and identify, by county, the capability
 3695  for local incarceration.
 3696         (d) A detailed analysis of methods to implement diversified
 3697  alternatives to institutionalization when such alternatives can
 3698  be safely employed. The analysis shall include an assessment of
 3699  current pretrial intervention, probation, and community control
 3700  alternatives and their cost-effectiveness with regard to
 3701  restitution to victims, reimbursements for cost of supervision,
 3702  and subsequent violations resulting in commitments to the
 3703  department. Such analysis shall also include an assessment of
 3704  current use of electronic surveillance of offenders and
 3705  projected potential for diverting additional categories of
 3706  offenders from incarceration within the department.
 3707         (e) A detailed analysis of current incarceration rates of
 3708  both the state and county correctional systems with the
 3709  calculation by the department of the current and projected
 3710  ratios of inmates in the correctional system, as defined in s.
 3711  945.01, to the general population of the state which will serve
 3712  as a basis for projecting construction needs.
 3713         (f) A plan for community-based facilities and programs for
 3714  the reintegration of offenders into society whereby inmates who
 3715  are being released shall receive assistance. Such assistance may
 3716  be through work-release, transition assistance, release
 3717  assistance stipend, contract release, postrelease special
 3718  services, temporary housing, or job placement programs.
 3719         (g) A plan reflecting parity of pay or comparable economic
 3720  benefits for correctional officers with that of law enforcement
 3721  officers in this state, and an assessment of projected impacts
 3722  on turnover rates within the department.
 3723         (h) A plan containing habitability criteria which defines
 3724  when beds are available and functional for use by inmates, and
 3725  containing factors which define when institutions and facilities
 3726  may be added to the inventory of the state correctional system.
 3727         (5) The comprehensive correctional master plan shall
 3728  project by year the total operating and capital outlay costs
 3729  necessary for constructing a sufficient number of prison beds to
 3730  avoid a deficiency in prison beds. Included in the master plan
 3731  which projects operating and capital outlay costs shall be a
 3732  siting plan which shall assess, rank, and designate appropriate
 3733  sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
 3734  include an assessment of the department’s current capability for
 3735  providing the degree of security necessary to ensure public
 3736  safety and should reflect the levels of security needed for the
 3737  forecasted admissions of various types of offenders based upon
 3738  sentence lengths and severity of offenses. The plan shall also
 3739  provide construction options for targeting violent and habitual
 3740  offenders for incarceration while providing specific
 3741  alternatives for the various categories of lesser offenders.
 3742         (6) Institutions within the state correctional system shall
 3743  have the following design capacity factors:
 3744         (a) Rooms and prison cells between 40 square feet and 90
 3745  square feet, inclusive: one inmate per room or prison cell.
 3746         (b) Dormitory-style rooms and other rooms exceeding 90
 3747  square feet: one inmate per 55 square feet.
 3748         (c) At institutions with rooms or cells, except to the
 3749  extent that separate confinement cells have been constructed, a
 3750  number of rooms or prison cells equal to 3 percent of total
 3751  design capacity must be deducted from design capacity and set
 3752  aside for confinement purposes.
 3753         (d) Bed count calculations used to determine design
 3754  capacity shall only include beds that which are functional and
 3755  available for use by inmates.
 3756         (7) Institutions within the state correctional system shall
 3757  have the following maximum capacity factors:
 3758         (a) Rooms and prison cells between 40 square feet and 60
 3759  square feet, inclusive: one inmate per room or cell. If the room
 3760  or prison cell is between 60 square feet and 90 square feet,
 3761  inclusive, two inmates are allowed in each room, except that one
 3762  inmate per room or prison cell is allowed at the Florida State
 3763  Prison or any other maximum security institution or facility
 3764  that which may be constructed.
 3765         (b) Dormitory-style rooms and other rooms exceeding 90
 3766  square feet: one inmate per 37.5 square feet. Double-bunking is
 3767  generally allowed only along the outer walls of a dormitory.
 3768         (c) At institutions with rooms or cells, except to the
 3769  extent that separate confinement cells have been constructed, a
 3770  number of rooms or prison cells equal to 3 percent of total
 3771  maximum capacity are not available for maximum capacity, and
 3772  must be set aside for confinement purposes, thereby reducing
 3773  maximum capacity by 6 percent since these rooms would otherwise
 3774  house two inmates.
 3775         (d) A number of beds equal to 5 percent of total maximum
 3776  capacity must be deducted for management at institutions.
 3777         Section 147. Paragraph (f) of subsection (3) of section
 3778  944.801, Florida Statutes, is amended to read:
 3779         944.801 Education for state prisoners.—
 3780         (3) The responsibilities of the Correctional Education
 3781  Program shall be to:
 3782         (f) Report annual activities to the Secretary of
 3783  Corrections, the Commissioner of Education, the Governor, and
 3784  the Legislature.
 3785         Section 148. Subsection (10) of section 945.35, Florida
 3786  Statutes, is repealed.
 3787         Section 149. Subsection (9) of section 958.045, Florida
 3788  Statutes, is repealed.
 3789         Section 150. Paragraph (c) of subsection (1) of section
 3790  960.045, Florida Statutes, is amended to read:
 3791         960.045 Department of Legal Affairs; powers and duties.—It
 3792  shall be the duty of the department to assist persons who are
 3793  victims of crime.
 3794         (1) The department shall:
 3795         (c) Prepare an annual Render, prior to January 1 of each
 3796  year, to the presiding officers of the Senate and House of
 3797  Representatives a written report of the activities of the Crime
 3798  Victims’ Services Office, which shall be available on the
 3799  department’s Internet website.
 3800         Section 151. Paragraph (c) of subsection (8) of section
 3801  985.02, Florida Statutes, is repealed.
 3802         Section 152. Subsections (3), (4), and (5) of section
 3803  985.047, Florida Statutes, are amended to read:
 3804         985.047 Information systems.—
 3805         (3) In order to assist in the integration of the
 3806  information to be shared, the sharing of information obtained,
 3807  the joint planning on diversion and early intervention
 3808  strategies for juveniles at risk of becoming serious habitual
 3809  juvenile offenders, and the intervention strategies for serious
 3810  habitual juvenile offenders, a multiagency task force should be
 3811  organized and utilized by the law enforcement agency or county
 3812  in conjunction with the initiation of the information system
 3813  described in subsections (1) and (2). The multiagency task force
 3814  shall be composed of representatives of those agencies and
 3815  persons providing information for the central identification
 3816  file and the multiagency information sheet.
 3817         (4) This multiagency task force shall develop a plan for
 3818  the information system that includes measures which identify and
 3819  address any disproportionate representation of ethnic or racial
 3820  minorities in the information systems and shall develop
 3821  strategies that address the protection of individual
 3822  constitutional rights.
 3823         (3)(5)A Any law enforcement agency, or county that which
 3824  implements a juvenile offender information system and the
 3825  multiagency task force which maintain the information system
 3826  must annually provide any information gathered during the
 3827  previous year to the delinquency and gang prevention council of
 3828  the judicial circuit in which the county is located. This
 3829  information must shall include the number, types, and patterns
 3830  of delinquency tracked by the juvenile offender information
 3831  system.
 3832         Section 153. Paragraph (a) of subsection (8) of section
 3833  985.47, Florida Statutes, is amended to read:
 3834         985.47 Serious or habitual juvenile offender.—
 3835         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3836  chapter and the establishment of appropriate program guidelines
 3837  and standards, contractual instruments, which shall include
 3838  safeguards of all constitutional rights, shall be developed as
 3839  follows:
 3840         (a) The department shall provide for:
 3841         1. The Oversight of the implementation of assessment and
 3842  treatment approaches.
 3843         2. The Identification and prequalification of appropriate
 3844  individuals or not-for-profit organizations, including minority
 3845  individuals or organizations when possible, to provide
 3846  assessment and treatment services to serious or habitual
 3847  delinquent children.
 3848         3. The Monitoring and evaluation of assessment and
 3849  treatment services for compliance with this chapter and all
 3850  applicable rules and guidelines pursuant thereto.
 3851         4. The development of an annual report on the performance
 3852  of assessment and treatment to be presented to the Governor, the
 3853  Attorney General, the President of the Senate, the Speaker of
 3854  the House of Representatives, and the Auditor General no later
 3855  than January 1 of each year.
 3856         Section 154. Paragraph (a) of subsection (8) of section
 3857  985.483, Florida Statutes, is amended to read:
 3858         985.483 Intensive residential treatment program for
 3859  offenders less than 13 years of age.—
 3860         (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
 3861  chapter and the establishment of appropriate program guidelines
 3862  and standards, contractual instruments, which shall include
 3863  safeguards of all constitutional rights, shall be developed for
 3864  intensive residential treatment programs for offenders less than
 3865  13 years of age as follows:
 3866         (a) The department shall provide for:
 3867         1. The Oversight of the implementation of assessment and
 3868  treatment approaches.
 3869         2. The Identification and prequalification of appropriate
 3870  individuals or not-for-profit organizations, including minority
 3871  individuals or organizations when possible, to provide
 3872  assessment and treatment services to intensive offenders less
 3873  than 13 years of age.
 3874         3. The Monitoring and evaluation of assessment and
 3875  treatment services for compliance with this chapter and all
 3876  applicable rules and guidelines pursuant thereto.
 3877         4. The development of an annual report on the performance
 3878  of assessment and treatment to be presented to the Governor, the
 3879  Attorney General, the President of the Senate, the Speaker of
 3880  the House of Representatives, the Auditor General, and the
 3881  Office of Program Policy Analysis and Government Accountability
 3882  no later than January 1 of each year.
 3883         Section 155. Subsection (5) of section 985.61, Florida
 3884  Statutes, is repealed.
 3885         Section 156. Subsection (1) of section 985.622, Florida
 3886  Statutes, is amended to read:
 3887         985.622 Multiagency plan for vocational education.—
 3888         (1) The Department of Juvenile Justice and the Department
 3889  of Education shall, in consultation with the statewide Workforce
 3890  Development Youth Council, school districts, providers, and
 3891  others, jointly develop a multiagency plan for vocational
 3892  education that establishes the curriculum, goals, and outcome
 3893  measures for vocational programs in juvenile commitment
 3894  facilities. The plan must include:
 3895         (a) Provisions for maximizing appropriate state and federal
 3896  funding sources, including funds under the Workforce Investment
 3897  Act and the Perkins Act;
 3898         (b) The responsibilities of both departments and all other
 3899  appropriate entities; and
 3900         (c) A detailed implementation schedule.
 3901  
 3902  The plan must be submitted to the Governor, the President of the
 3903  Senate, and the Speaker of the House of Representatives by May
 3904  1, 2001.
 3905         Section 157. Subsection (7) of section 985.632, Florida
 3906  Statutes, is repealed.
 3907         Section 158. Subsection (19) of section 1002.34, Florida
 3908  Statutes, is repealed.
 3909         Section 159. Subsection (4) of section 1003.61, Florida
 3910  Statutes, is repealed.
 3911         Section 160. Subsections (5) through (13) of section
 3912  1004.22, Florida Statutes, are amended to read:
 3913         1004.22 Divisions of sponsored research at state
 3914  universities.—
 3915         (5) Moneys deposited in the permanent sponsored research
 3916  development fund of a university shall be disbursed in
 3917  accordance with the terms of the contract, grant, or donation
 3918  under which they are received. Moneys received for overhead or
 3919  indirect costs and other moneys not required for the payment of
 3920  direct costs shall be applied to the cost of operating the
 3921  division of sponsored research. Any surplus moneys shall be used
 3922  to support other research or sponsored training programs in any
 3923  area of the university. Transportation and per diem expense
 3924  allowances are shall be the same as those provided by law in s.
 3925  112.061, except that personnel performing travel under a
 3926  sponsored research subcontract may be reimbursed for travel
 3927  expenses in accordance with the provisions of the applicable
 3928  prime contract or grant and the travel allowances established by
 3929  the subcontractor, subject to the requirements of subsection (6)
 3930  (7), or except as provided in subsection (10) (11).
 3931         (6)(a) Each university shall submit to the Board of
 3932  Governors a report of the activities of each division of
 3933  sponsored research together with an estimated budget for the
 3934  next fiscal year.
 3935         (b) Not less than 90 days prior to the convening of each
 3936  regular session of the Legislature in which an appropriation
 3937  shall be made, the Board of Governors shall submit to the chair
 3938  of the appropriations committee of each house of the Legislature
 3939  a compiled report, together with a compiled estimated budget for
 3940  the next fiscal year. A copy of such report and estimated budget
 3941  shall be furnished to the Governor, as the chief budget officer
 3942  of the state.
 3943         (6)(7) All purchases of a division of sponsored research
 3944  shall be made in accordance with the policies and procedures of
 3945  the university pursuant to guidelines of the Board of Governors;
 3946  however, upon certification addressed to the university
 3947  president that it is necessary for the efficient or expeditious
 3948  prosecution of a research project, the president may exempt the
 3949  purchase of material, supplies, equipment, or services for
 3950  research purposes from the general purchasing requirement of
 3951  state law the Florida Statutes.
 3952         (7)(8) The university may authorize the construction,
 3953  alteration, or remodeling of buildings if when the funds used
 3954  are derived entirely from the sponsored research development
 3955  fund of a university or from that fund in combination with other
 3956  nonstate sources and if, provided that such construction,
 3957  alteration, or remodeling is for use exclusively in the area of
 3958  research. The university may; it also may authorize the
 3959  acquisition of real property if when the cost is entirely from
 3960  the said funds. Title to all real property purchased before
 3961  prior to January 7, 2003, or with funds appropriated by the
 3962  Legislature shall vest in the Board of Trustees of the Internal
 3963  Improvement Trust Fund and may shall only be transferred or
 3964  conveyed only by it.
 3965         (8)(9) The sponsored research programs of the Institute of
 3966  Food and Agricultural Sciences, the University of Florida Health
 3967  Science Center, and the engineering and industrial experiment
 3968  station shall continue to be centered at the University of
 3969  Florida as heretofore provided by law. Indirect cost
 3970  reimbursements of all grants deposited in the Division of
 3971  Sponsored Research shall be distributed directly to the above
 3972  units in direct proportion to the amounts earned by each unit.
 3973         (9)(10) The operation of the divisions of sponsored
 3974  research and the conduct of the sponsored research program are
 3975  exempt expressly exempted from the provisions of any law other
 3976  laws or portions of laws in conflict with this subsection
 3977  herewith and are, subject to the requirements of subsection (6)
 3978  (7), exempt exempted from the provisions of chapters 215, 216,
 3979  and 283.
 3980         (10)(11) The divisions of sponsored research may pay, by
 3981  advancement or reimbursement, or a combination thereof, the
 3982  costs of per diem of university employees and of other
 3983  authorized persons, as defined in s. 112.061(2)(e), for foreign
 3984  travel up to the current rates as stated in the grant and
 3985  contract terms and may also pay incidental expenses as
 3986  authorized by s. 112.061(8). This subsection applies to any
 3987  university employee traveling in foreign countries for sponsored
 3988  programs of the university, if such travel expenses are approved
 3989  in the terms of the contract or grant. The provisions of s.
 3990  112.061, other than those relating to per diem, apply to the
 3991  travel described in this subsection. As used in this subsection,
 3992  the term “foreign travel” means any travel outside the United
 3993  States and its territories and possessions and Canada. Persons
 3994  traveling in foreign countries pursuant to this section are
 3995  shall not be entitled to reimbursements or advancements pursuant
 3996  to s. 112.061(6)(a)2. for such travel.
 3997         (11)(12) Each division of sponsored research may is
 3998  authorized to advance funds to any principal investigator who,
 3999  under the contract or grant terms, will be performing a portion
 4000  of his or her research at a site that is remote from the
 4001  university. Funds may shall be advanced only to employees who
 4002  have executed a proper power of attorney with the university to
 4003  ensure the proper collection of the such advanced funds if it
 4004  becomes necessary. As used in this subsection, the term “remote”
 4005  means so far removed from the university as to render normal
 4006  purchasing and payroll functions ineffective.
 4007         (12)(13) Each university board of trustees may is
 4008  authorized to adopt rules, as necessary, to administer this
 4009  section.
 4010         Section 161. Subsection (6) of section 1004.50, Florida
 4011  Statutes, is repealed.
 4012         Section 162. Subsections (2) and (4) of section 1004.94,
 4013  Florida Statutes, are repealed.
 4014         Section 163. Subsection (4) of section 1004.95, Florida
 4015  Statutes, is amended to read:
 4016         1004.95 Adult literacy centers.—
 4017         (4) The State Board of Education shall develop rules for
 4018  implementing this section, including criteria for evaluating the
 4019  performance of the centers, and shall submit an evaluation
 4020  report of the centers to the Legislature on or before February 1
 4021  of each year.
 4022         Section 164. Section 1006.0605, Florida Statutes, is
 4023  repealed.
 4024         Section 165. Section 1006.67, Florida Statutes, is
 4025  repealed.
 4026         Section 166. Subsection (8) of section 1009.70, Florida
 4027  Statutes, is amended to read:
 4028         1009.70 Florida Education Fund.—
 4029         (8) There is created a legal education component of the
 4030  Florida Education Fund to provide the opportunity for minorities
 4031  to attain representation within the legal profession
 4032  proportionate to their representation within the general
 4033  population. The legal education component of the Florida
 4034  Education Fund includes a law school program and a pre-law
 4035  program.
 4036         (a) The law school scholarship program of the Florida
 4037  Education Fund is to be administered by the Board of Directors
 4038  of the Florida Education Fund for the purpose of increasing by
 4039  200 the number of minority students enrolled in law schools in
 4040  this state by 200. Implementation of this program is to be
 4041  phased in over a 3-year period.
 4042         1. The board of directors shall provide financial,
 4043  academic, and other support to students selected for
 4044  participation in this program from funds appropriated by the
 4045  Legislature.
 4046         2. Student selection must be made in accordance with rules
 4047  adopted by the board of directors for that purpose and must be
 4048  based, at least in part, on an assessment of potential for
 4049  success, merit, and financial need.
 4050         3. Support must be made available to students who enroll in
 4051  private, as well as public, law schools in this state which are
 4052  accredited by the American Bar Association.
 4053         4. Scholarships must be paid directly to the participating
 4054  students.
 4055         5. Students who participate in this program must agree in
 4056  writing to sit for The Florida Bar examination and, upon
 4057  successful admission to The Florida Bar, to either practice law
 4058  in the state for a period of time equal to the amount of time
 4059  for which the student received aid, up to 3 years, or repay the
 4060  amount of aid received.
 4061         6. Annually, the board of directors shall compile a report
 4062  that includes a description of the selection process, an
 4063  analysis of the academic progress of all scholarship recipients,
 4064  and an analysis of expenditures. This report must be submitted
 4065  to the President of the Senate, the Speaker of the House of
 4066  Representatives, and the Governor.
 4067         (b) The minority pre-law scholarship loan program of the
 4068  Florida Education Fund is to be administered by the Board of
 4069  Directors of the Florida Education Fund for the purpose of
 4070  increasing the opportunity of minority students to prepare for
 4071  law school.
 4072         1. From funds appropriated by the Legislature, the board of
 4073  directors shall provide for student fees, room, board, books,
 4074  supplies, and academic and other support to selected minority
 4075  undergraduate students matriculating at eligible public and
 4076  independent colleges and universities in Florida.
 4077         2. Student selection must be made in accordance with rules
 4078  adopted by the board of directors for that purpose and must be
 4079  based, at least in part, on an assessment of potential for
 4080  success, merit, and financial need.
 4081         3. To be eligible, a student must make a written agreement
 4082  to enter or be accepted to enter a law school in this state
 4083  within 2 years after graduation or repay the scholarship loan
 4084  amount plus interest at the prevailing rate.
 4085         4. Recipients who fail to gain admission to a law school
 4086  within the specified period of time, may, upon admission to law
 4087  school, be eligible to have their loans canceled.
 4088         5. Minority pre-law scholarship loans shall be provided to
 4089  34 minority students per year for up to 4 years each, for a
 4090  total of 136 scholarship loans. To continue receiving receipt of
 4091  scholarship loans, recipients must maintain a 2.75 grade point
 4092  average for the freshman year and a 3.25 grade point average
 4093  thereafter. Participants must also take specialized courses to
 4094  enhance competencies in English and logic.
 4095         6. The board of directors shall maintain records on all
 4096  scholarship loan recipients. Participating institutions shall
 4097  submit academic progress reports to the board of directors
 4098  following each academic term. Annually, the board of directors
 4099  shall compile a report that includes a description of the
 4100  selection process, an analysis of the academic progress of all
 4101  scholarship loan recipients, and an analysis of expenditures.
 4102  This report must be submitted to the President of the Senate,
 4103  the Speaker of the House of Representatives, and the Governor.
 4104         Section 167. Subsection (8) of section 1011.32, Florida
 4105  Statutes, is amended to read:
 4106         1011.32 Community College Facility Enhancement Challenge
 4107  Grant Program.—
 4108         (8) By September 1 of each year, the State Board of
 4109  Education shall transmit to the Governor and the Legislature a
 4110  list of projects that which meet all eligibility requirements to
 4111  participate in the Community College Facility Enhancement
 4112  Challenge Grant Program and a budget request that which includes
 4113  the recommended schedule necessary to complete each project.
 4114         Section 168. Paragraph (r) of subsection (1) of section
 4115  1011.62, Florida Statutes, is amended to read:
 4116         1011.62 Funds for operation of schools.—If the annual
 4117  allocation from the Florida Education Finance Program to each
 4118  district for operation of schools is not determined in the
 4119  annual appropriations act or the substantive bill implementing
 4120  the annual appropriations act, it shall be determined as
 4121  follows:
 4122         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 4123  OPERATION.—The following procedure shall be followed in
 4124  determining the annual allocation to each district for
 4125  operation:
 4126         (r) Extended-school-year program.—It is the intent of the
 4127  Legislature that students be provided additional instruction by
 4128  extending the school year to 210 days or more. Districts may
 4129  apply to the Commissioner of Education for funds to be used in
 4130  planning and implementing an extended-school-year program. The
 4131  Department of Education shall recommend to the Legislature the
 4132  policies necessary for full implementation of an extended school
 4133  year.
 4134         Section 169. Paragraph (l) of subsection (2) of section
 4135  1012.05, Florida Statutes, is repealed.
 4136         Section 170. Subsection (1) of section 1012.42, Florida
 4137  Statutes, is amended to read:
 4138         1012.42 Teacher teaching out-of-field.—
 4139         (1) ASSISTANCE.—Each district school board shall adopt and
 4140  implement a plan to assist any teacher teaching out-of-field,
 4141  and priority consideration in professional development
 4142  activities shall be given to a teacher teachers who is are
 4143  teaching out-of-field. The district school board shall require
 4144  that the teacher such teachers participate in a certification or
 4145  staff development program designed to provide the teacher with
 4146  the competencies required for the assigned duties. The board
 4147  approved assistance plan must include duties of administrative
 4148  personnel and other instructional personnel to provide students
 4149  with instructional services. Each district school board shall
 4150  contact its regional workforce board, created pursuant to s.
 4151  445.007, to identify resources that may assist teachers who are
 4152  teaching out-of-field and who are pursuing certification.
 4153         Section 171. Section 1013.11, Florida Statutes, is amended
 4154  to read:
 4155         1013.11 Postsecondary institutions assessment of physical
 4156  plant safety.—The president of each postsecondary institution
 4157  shall conduct or cause to be conducted an annual assessment of
 4158  physical plant safety. An annual report shall incorporate the
 4159  assessment findings obtained through such assessment and
 4160  recommendations for the improvement of safety on each campus.
 4161  The annual report shall be submitted to the respective governing
 4162  or licensing board of jurisdiction no later than January 1 of
 4163  each year. Each board shall compile the individual institutional
 4164  reports and convey the aggregate institutional reports to the
 4165  Commissioner of Education or the Chancellor of the State
 4166  University System, as appropriate. The Commissioner of Education
 4167  and the Chancellor of the State University System shall convey
 4168  these reports and the reports required in s. 1006.67 to the
 4169  President of the Senate and the Speaker of the House of
 4170  Representatives no later than March 1 of each year.
 4171         Section 172. Subsection (3) of section 161.142, Florida
 4172  Statutes, is amended to read:
 4173         161.142 Declaration of public policy relating to improved
 4174  navigation inlets.—The Legislature recognizes the need for
 4175  maintaining navigation inlets to promote commercial and
 4176  recreational uses of our coastal waters and their resources. The
 4177  Legislature further recognizes that inlets interrupt or alter
 4178  the natural drift of beach-quality sand resources, which often
 4179  results in these sand resources being deposited in nearshore
 4180  areas or in the inlet channel, or in the inland waterway
 4181  adjacent to the inlet, instead of providing natural nourishment
 4182  to the adjacent eroding beaches. Accordingly, the Legislature
 4183  finds it is in the public interest to replicate the natural
 4184  drift of sand which is interrupted or altered by inlets to be
 4185  replaced and for each level of government to undertake all
 4186  reasonable efforts to maximize inlet sand bypassing to ensure
 4187  that beach-quality sand is placed on adjacent eroding beaches.
 4188  Such activities cannot make up for the historical sand deficits
 4189  caused by inlets but shall be designed to balance the sediment
 4190  budget of the inlet and adjacent beaches and extend the life of
 4191  proximate beach-restoration projects so that periodic
 4192  nourishment is needed less frequently. Therefore, in furtherance
 4193  of this declaration of public policy and the Legislature’s
 4194  intent to redirect and recommit the state’s comprehensive beach
 4195  management efforts to address the beach erosion caused by
 4196  inlets, the department shall ensure that:
 4197         (3) Construction waterward of the coastal construction
 4198  control line on downdrift coastal areas, on islands
 4199  substantially created by the deposit of spoil, located within 1
 4200  mile of the centerline of navigation channels or inlets,
 4201  providing access to ports listed in s. 403.021(9)(b), which
 4202  suffers or has suffered erosion caused by such navigation
 4203  channel maintenance or construction shall be exempt from the
 4204  permitting requirements and prohibitions of s. 161.053(4)(5) or
 4205  (5)(6); however, such construction shall comply with the
 4206  applicable Florida Building Code adopted pursuant to s. 553.73.
 4207  The timing and sequence of any construction activities
 4208  associated with inlet management projects shall provide
 4209  protection to nesting sea turtles and their hatchlings and
 4210  habitats, to nesting shorebirds, and to native salt-resistant
 4211  vegetation and endangered plant communities. Beach-quality sand
 4212  placed on the beach as part of an inlet management project must
 4213  be suitable for marine turtle nesting.
 4214         Section 173. Paragraph (a) of subsection (4) of section
 4215  163.065, Florida Statutes, is amended to read:
 4216         163.065 Miami River Improvement Act.—
 4217         (4) PLAN.—The Miami River Commission, working with the City
 4218  of Miami and Miami-Dade County, shall consider the merits of the
 4219  following:
 4220         (a) Development and adoption of an urban infill and
 4221  redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
 4222  163.2526, which and participating state and regional agencies
 4223  shall review the proposed plan for the purposes of determining
 4224  consistency with applicable law.
 4225         Section 174. Subsection (1) of section 163.2511, Florida
 4226  Statutes, is amended to read:
 4227         163.2511 Urban infill and redevelopment.—
 4228         (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
 4229  cited as the “Growth Policy Act.”
 4230         Section 175. Section 163.2514, Florida Statutes, is amended
 4231  to read:
 4232         163.2514 Growth Policy Act; definitions.—As used in ss.
 4233  163.2511-163.2523, the term ss. 163.2511-163.2526:
 4234         (1) “Local government” means any county or municipality.
 4235         (2) “Urban infill and redevelopment area” means an area or
 4236  areas designated by a local government where:
 4237         (a) Public services such as water and wastewater,
 4238  transportation, schools, and recreation are already available or
 4239  are scheduled to be provided in an adopted 5-year schedule of
 4240  capital improvements;
 4241         (b) The area, or one or more neighborhoods within the area,
 4242  suffers from pervasive poverty, unemployment, and general
 4243  distress as defined by s. 290.0058;
 4244         (c) The area exhibits a proportion of properties that are
 4245  substandard, overcrowded, dilapidated, vacant or abandoned, or
 4246  functionally obsolete which is higher than the average for the
 4247  local government;
 4248         (d) More than 50 percent of the area is within 1/4 mile of
 4249  a transit stop, or a sufficient number of such transit stops
 4250  will be made available concurrent with the designation; and
 4251         (e) The area includes or is adjacent to community
 4252  redevelopment areas, brownfields, enterprise zones, or Main
 4253  Street programs, or has been designated by the state or Federal
 4254  Government as an urban redevelopment, revitalization, or infill
 4255  area under empowerment zone, enterprise community, or brownfield
 4256  showcase community programs or similar programs.
 4257         Section 176. Subsection (2) of section 163.3202, Florida
 4258  Statutes, is amended to read:
 4259         163.3202 Land development regulations.—
 4260         (2) Local land development regulations shall contain
 4261  specific and detailed provisions necessary or desirable to
 4262  implement the adopted comprehensive plan and shall at as a
 4263  minimum:
 4264         (a) Regulate the subdivision of land.;
 4265         (b) Regulate the use of land and water for those land use
 4266  categories included in the land use element and ensure the
 4267  compatibility of adjacent uses and provide for open space.;
 4268         (c) Provide for protection of potable water wellfields.;
 4269         (d) Regulate areas subject to seasonal and periodic
 4270  flooding and provide for drainage and stormwater management.;
 4271         (e) Ensure the protection of environmentally sensitive
 4272  lands designated in the comprehensive plan.;
 4273         (f) Regulate signage.;
 4274         (g) Provide that public facilities and services meet or
 4275  exceed the standards established in the capital improvements
 4276  element required by s. 163.3177 and are available when needed
 4277  for the development, or that development orders and permits are
 4278  conditioned on the availability of these public facilities and
 4279  services necessary to serve the proposed development. Not later
 4280  than 1 year after its due date established by the state land
 4281  planning agency’s rule for submission of local comprehensive
 4282  plans pursuant to s. 163.3167(2), A local government may shall
 4283  not issue a development order or permit that which results in a
 4284  reduction in the level of services for the affected public
 4285  facilities below the level of services provided in the local
 4286  government’s comprehensive plan of the local government.
 4287         (h) Ensure safe and convenient onsite traffic flow,
 4288  considering needed vehicle parking.
 4289         Section 177. Paragraph (b) of subsection (11) of section
 4290  259.041, Florida Statutes, is amended to read:
 4291         259.041 Acquisition of state-owned lands for preservation,
 4292  conservation, and recreation purposes.—
 4293         (11)
 4294         (b) All project applications shall identify, within their
 4295  acquisition plans, those projects that which require a full fee
 4296  simple interest to achieve the public policy goals, together
 4297  with the reasons full title is determined to be necessary. The
 4298  state agencies and the water management districts may use
 4299  alternatives to fee simple acquisition to bring the remaining
 4300  projects in their acquisition plans under public protection. For
 4301  the purposes of this subsection, the term “alternatives to fee
 4302  simple acquisition” includes, but is not limited to: purchase of
 4303  development rights; obtaining conservation easements; obtaining
 4304  flowage easements; purchase of timber rights, mineral rights, or
 4305  hunting rights; purchase of agricultural interests or
 4306  silvicultural interests; entering into land protection
 4307  agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
 4308  simple acquisitions with reservations; creating life estates; or
 4309  any other acquisition technique that which achieves the public
 4310  policy goals listed in paragraph (a). It is presumed that a
 4311  private landowner retains the full range of uses for all the
 4312  rights or interests in the landowner’s land which are not
 4313  specifically acquired by the public agency. The lands upon which
 4314  hunting rights are specifically acquired pursuant to this
 4315  paragraph shall be available for hunting in accordance with the
 4316  management plan or hunting regulations adopted by the Florida
 4317  Fish and Wildlife Conservation Commission, unless the hunting
 4318  rights are purchased specifically to protect activities on
 4319  adjacent lands.
 4320         Section 178. Paragraph (c) of subsection (3) of section
 4321  259.101, Florida Statutes, is amended to read:
 4322         259.101 Florida Preservation 2000 Act.—
 4323         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
 4324  of issuance, the costs of funding reserve accounts, and other
 4325  costs with respect to the bonds, the proceeds of bonds issued
 4326  pursuant to this act shall be deposited into the Florida
 4327  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 4328  year 2000-2001, for each Florida Preservation 2000 program
 4329  described in paragraphs (a)-(g), that portion of each program’s
 4330  total remaining cash balance which, as of June 30, 2000, is in
 4331  excess of that program’s total remaining appropriation balances
 4332  shall be redistributed by the department and deposited into the
 4333  Save Our Everglades Trust Fund for land acquisition. For
 4334  purposes of calculating the total remaining cash balances for
 4335  this redistribution, the Florida Preservation 2000 Series 2000
 4336  bond proceeds, including interest thereon, and the fiscal year
 4337  1999-2000 General Appropriations Act amounts shall be deducted
 4338  from the remaining cash and appropriation balances,
 4339  respectively. The remaining proceeds shall be distributed by the
 4340  Department of Environmental Protection in the following manner:
 4341         (c) Ten percent to the Department of Community Affairs to
 4342  provide land acquisition grants and loans to local governments
 4343  through the Florida Communities Trust pursuant to part III of
 4344  chapter 380. From funds allocated to the trust, $3 million
 4345  annually shall be used by the Division of State Lands within the
 4346  Department of Environmental Protection to implement the Green
 4347  Swamp Land Protection Initiative specifically for the purchase
 4348  of conservation easements, as defined in s. 380.0677(3) s.
 4349  380.0677(4), of lands, or severable interests or rights in
 4350  lands, in the Green Swamp Area of Critical State Concern. From
 4351  funds allocated to the trust, $3 million annually shall be used
 4352  by the Monroe County Comprehensive Plan Land Authority
 4353  specifically for the purchase of a any real property interest in
 4354  either those lands subject to the Rate of Growth Ordinances
 4355  adopted by local governments in Monroe County or those lands
 4356  within the boundary of an approved Conservation and Recreation
 4357  Lands project located within the Florida Keys or Key West Areas
 4358  of Critical State Concern; however, title to lands acquired
 4359  within the boundary of an approved Conservation and Recreation
 4360  Lands project may, in accordance with an approved joint
 4361  acquisition agreement, vest in the Board of Trustees of the
 4362  Internal Improvement Trust Fund. Of the remaining funds
 4363  allocated to the trust after the above transfers occur, one-half
 4364  shall be matched by local governments on a dollar-for-dollar
 4365  basis. To the extent allowed by federal requirements for the use
 4366  of bond proceeds, the trust shall expend Preservation 2000 funds
 4367  to carry out the purposes of part III of chapter 380.
 4368  
 4369  Local governments may use federal grants or loans, private
 4370  donations, or environmental mitigation funds, including
 4371  environmental mitigation funds required pursuant to s. 338.250,
 4372  for any part or all of any local match required for the purposes
 4373  described in this subsection. Bond proceeds allocated pursuant
 4374  to paragraph (c) may be used to purchase lands on the priority
 4375  lists developed pursuant to s. 259.035. Title to lands purchased
 4376  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
 4377  vested in the Board of Trustees of the Internal Improvement
 4378  Trust Fund. Title to lands purchased pursuant to paragraph (c)
 4379  may be vested in the Board of Trustees of the Internal
 4380  Improvement Trust Fund. The board of trustees shall hold title
 4381  to land protection agreements and conservation easements that
 4382  were or will be acquired pursuant to s. 380.0677, and the
 4383  Southwest Florida Water Management District and the St. Johns
 4384  River Water Management District shall monitor such agreements
 4385  and easements within their respective districts until the state
 4386  assumes this responsibility.
 4387         Section 179. Subsections (1) and (5) of section 369.305,
 4388  Florida Statutes, are amended to read:
 4389         369.305 Review of local comprehensive plans, land
 4390  development regulations, Wekiva River development permits, and
 4391  amendments.—
 4392         (1) It is the intent of the Legislature that comprehensive
 4393  plans and land development regulations of Orange, Lake, and
 4394  Seminole Counties be revised to protect the Wekiva River
 4395  Protection Area prior to the due dates established in ss.
 4396  163.3167(2) and 163.3202 and chapter 9J-12, Florida
 4397  Administrative Code. It is also the intent of the Legislature
 4398  that Orange, Lake, and Seminole the Counties emphasize the
 4399  Wekiva River Protection Area this important state resource in
 4400  their planning and regulation efforts. Therefore, each county’s
 4401  county shall, by April 1, 1989, review and amend those portions
 4402  of its local comprehensive plan and its land development
 4403  regulations applicable to the Wekiva River Protection Area must,
 4404  and, if necessary, adopt additional land development regulations
 4405  which are applicable to the Wekiva River Protection Area to meet
 4406  the following criteria:
 4407         (a) Each county’s local comprehensive plan must shall
 4408  contain goals, policies, and objectives that which result in the
 4409  protection of the:
 4410         1. Water quantity, water quality, and hydrology of the
 4411  Wekiva River System;
 4412         2. Wetlands associated with the Wekiva River System;
 4413         3. Aquatic and wetland-dependent wildlife species
 4414  associated with the Wekiva River System;
 4415         4. Habitat within the Wekiva River Protection Area of
 4416  species designated pursuant to rules 39-27.003, 39-27.004, and
 4417  39-27.005, Florida Administrative Code; and
 4418         5. Native vegetation within the Wekiva River Protection
 4419  Area.
 4420         (b) The various land uses and densities and intensities of
 4421  development permitted by the local comprehensive plan shall
 4422  protect the resources enumerated in paragraph (a) and the rural
 4423  character of the Wekiva River Protection Area. The plan must
 4424  shall also include:
 4425         1. Provisions that to ensure the preservation of sufficient
 4426  habitat for feeding, nesting, roosting, and resting so as to
 4427  maintain viable populations of species designated pursuant to
 4428  rules 39-27.003, 39-27.004, and 39-27.005, Florida
 4429  Administrative Code, within the Wekiva River Protection Area.
 4430         2. Restrictions on the clearing of native vegetation within
 4431  the 100-year flood plain.
 4432         3. Prohibition of development that is not low-density
 4433  residential in nature, unless the that development has less
 4434  effect impacts on natural resources than low-density residential
 4435  development.
 4436         4. Provisions for setbacks along the Wekiva River for areas
 4437  that do not fall within the protection zones established
 4438  pursuant to s. 373.415.
 4439         5. Restrictions on intensity of development adjacent to
 4440  publicly owned lands to prevent adverse impacts to such lands.
 4441         6. Restrictions on filling and alteration of wetlands in
 4442  the Wekiva River Protection Area.
 4443         7. Provisions encouraging clustering of residential
 4444  development if when it promotes protection of environmentally
 4445  sensitive areas, and ensures ensuring that residential
 4446  development in the aggregate are shall be of a rural in density
 4447  and character.
 4448         (c) The local comprehensive plan must shall require that
 4449  the density or intensity of development permitted on parcels of
 4450  property adjacent to the Wekiva River System be concentrated on
 4451  those portions of the parcels which are the farthest from the
 4452  surface waters and wetlands of the Wekiva River System.
 4453         (d) The local comprehensive plan must shall require that
 4454  parcels of land adjacent to the surface waters and watercourses
 4455  of the Wekiva River System not be subdivided so as to interfere
 4456  with the implementation of protection zones as established
 4457  pursuant to s. 373.415, any applicable setbacks from the surface
 4458  waters in the Wekiva River System which are established by local
 4459  governments, or the policy established in paragraph (c) of
 4460  concentrating development in the Wekiva River Protection Area as
 4461  far from the surface waters and wetlands of the Wekiva River
 4462  System as practicable.
 4463         (e) The local land development regulations must shall
 4464  implement the provisions of paragraphs (a), (b), (c), and (d)
 4465  and must shall also include restrictions on the location of
 4466  septic tanks and drainfields in the 100-year flood plain and
 4467  discharges of stormwater to the Wekiva River System.
 4468         (5) During the period of time between the effective date of
 4469  this act and the due date of a county’s revised local government
 4470  comprehensive plan as established by s. 163.3167(2) and chapter
 4471  9J-12, Florida Administrative Code, any local comprehensive plan
 4472  amendment or amendment to a land development regulation, adopted
 4473  or issued by a county, which applies to the Wekiva River
 4474  Protection Area, or any Wekiva River development permit adopted
 4475  by a county, solely within protection zones established pursuant
 4476  to s. 373.415, shall be sent to the department within 10 days
 4477  after its adoption or issuance by the local governing body but
 4478  shall not become effective until certified by the department as
 4479  being in compliance with purposes described in subsection (1).
 4480  The department shall make its decision on certification within
 4481  60 days after receipt of the amendment or development permit
 4482  solely within protection zones established pursuant to s.
 4483  373.415. The department’s decision on certification shall be
 4484  final agency action. This subsection shall not apply to any
 4485  amendments or new land development regulations adopted pursuant
 4486  to subsections (1)-(4) or to any development order approving,
 4487  approving with conditions, or denying a development of regional
 4488  impact.
 4489         Section 180. Paragraph (g) of subsection (1) of section
 4490  379.2431, Florida Statutes, is amended to read:
 4491         379.2431 Marine animals; regulation.—
 4492         (1) PROTECTION OF MARINE TURTLES.—
 4493         (g) The Department of Environmental Protection may
 4494  condition the nature, timing, and sequence of construction of
 4495  permitted activities to provide protection to nesting marine
 4496  turtles and hatchlings and their habitat pursuant to s.
 4497  161.053(4) the provisions of s. 161.053(5). If When the
 4498  department is considering a permit for a beach restoration,
 4499  beach renourishment, or inlet sand transfer project and the
 4500  applicant has had an active marine turtle nest relocation
 4501  program or the applicant has agreed to and has the ability to
 4502  administer a program, the department may must not restrict the
 4503  timing of the project. If Where appropriate, the department, in
 4504  accordance with the applicable rules of the Fish and Wildlife
 4505  Conservation Commission, shall require as a condition of the
 4506  permit that the applicant relocate and monitor all turtle nests
 4507  that would be affected by the beach restoration, beach
 4508  renourishment, or sand transfer activities. Such relocation and
 4509  monitoring activities shall be conducted in a manner that
 4510  ensures successful hatching. This limitation on the department’s
 4511  authority applies only on the Atlantic coast of Florida.
 4512         Section 181. Section 381.732, Florida Statutes, is amended
 4513  to read:
 4514         381.732 Short title; Healthy Communities, Healthy People
 4515  Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
 4516  the “Healthy Communities, Healthy People Act.”
 4517         Section 182. Section 381.733, Florida Statutes, is amended
 4518  to read:
 4519         381.733 Definitions relating to Healthy Communities,
 4520  Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
 4521  381.734, the term:
 4522         (1) “Department” means the Department of Health.
 4523         (2) “Primary prevention” means interventions directed
 4524  toward healthy populations with a focus on avoiding disease
 4525  before it occurs prior to its occurrence.
 4526         (3) “Secondary prevention” means interventions designed to
 4527  promote the early detection and treatment of diseases and to
 4528  reduce the risks experienced by at-risk populations.
 4529         (4) “Tertiary prevention” means interventions directed at
 4530  rehabilitating and minimizing the effects of disease in a
 4531  chronically ill population.
 4532         Section 183. Paragraph (d) of subsection (5) of section
 4533  411.01, Florida Statutes, is amended to read:
 4534         411.01 School readiness programs; early learning
 4535  coalitions.—
 4536         (5) CREATION OF EARLY LEARNING COALITIONS.—
 4537         (d) Implementation.—
 4538         1. An early learning coalition may not implement the school
 4539  readiness program until the coalition is authorized through
 4540  approval of the coalition’s school readiness plan is approved by
 4541  the Agency for Workforce Innovation.
 4542         2. Each early learning coalition shall develop a plan for
 4543  implementing the school readiness program to meet the
 4544  requirements of this section and the performance standards and
 4545  outcome measures adopted by the Agency for Workforce Innovation.
 4546  The plan must demonstrate how the program will ensure that each
 4547  3-year-old and 4-year-old child in a publicly funded school
 4548  readiness program receives scheduled activities and instruction
 4549  designed to enhance the age-appropriate progress of the children
 4550  in attaining the performance standards adopted by the agency for
 4551  Workforce Innovation under subparagraph (4)(d)8. Before
 4552  implementing the school readiness program, the early learning
 4553  coalition must submit the plan to the agency for Workforce
 4554  Innovation for approval. The agency for Workforce Innovation may
 4555  approve the plan, reject the plan, or approve the plan with
 4556  conditions. The agency for Workforce Innovation shall review
 4557  school readiness plans at least annually.
 4558         3. If the Agency for Workforce Innovation determines during
 4559  the annual review of school readiness plans, or through
 4560  monitoring and performance evaluations conducted under paragraph
 4561  (4)(l), that an early learning coalition has not substantially
 4562  implemented its plan, has not substantially met the performance
 4563  standards and outcome measures adopted by the agency, or has not
 4564  effectively administered the school readiness program or
 4565  Voluntary Prekindergarten Education Program, the agency for
 4566  Workforce Innovation may dissolve the coalition and temporarily
 4567  contract with a qualified entity to continue school readiness
 4568  and prekindergarten services in the coalition’s county or
 4569  multicounty region until the coalition is reestablished through
 4570  resubmission of a school readiness plan and approval by the
 4571  agency.
 4572         4. The Agency for Workforce Innovation shall adopt criteria
 4573  for the approval of school readiness plans. The criteria must be
 4574  consistent with the performance standards and outcome measures
 4575  adopted by the agency and must require each approved plan to
 4576  include the following minimum standards and provisions:
 4577         a. A sliding fee scale establishing a copayment for parents
 4578  based upon their ability to pay, which is the same for all
 4579  program providers, to be implemented and reflected in each
 4580  program’s budget.
 4581         b. A choice of settings and locations in licensed,
 4582  registered, religious-exempt, or school-based programs to be
 4583  provided to parents.
 4584         c. Instructional staff who have completed the training
 4585  course as required in s. 402.305(2)(d)1., as well as staff who
 4586  have additional training or credentials as required by the
 4587  Agency for Workforce Innovation. The plan must provide a method
 4588  for assuring the qualifications of all personnel in all program
 4589  settings.
 4590         d. Specific eligibility priorities for children within the
 4591  early learning coalition’s county or multicounty region in
 4592  accordance with subsection (6).
 4593         e. Performance standards and outcome measures adopted by
 4594  the agency for Workforce Innovation.
 4595         f. Payment rates adopted by the early learning coalition
 4596  and approved by the agency for Workforce Innovation. Payment
 4597  rates may not have the effect of limiting parental choice or
 4598  creating standards or levels of services that have not been
 4599  authorized by the Legislature.
 4600         g. Systems support services, including a central agency,
 4601  child care resource and referral, eligibility determinations,
 4602  training of providers, and parent support and involvement.
 4603         h. Direct enhancement services to families and children.
 4604  System support and direct enhancement services shall be in
 4605  addition to payments for the placement of children in school
 4606  readiness programs.
 4607         i. The business organization of the early learning
 4608  coalition, which must include the coalition’s articles of
 4609  incorporation and bylaws if the coalition is organized as a
 4610  corporation. If the coalition is not organized as a corporation
 4611  or other business entity, the plan must include the contract
 4612  with a fiscal agent. An early learning coalition may contract
 4613  with other coalitions to achieve efficiency in multicounty
 4614  services, and these contracts may be part of the coalition’s
 4615  school readiness plan.
 4616         j. Strategies to meet the needs of unique populations, such
 4617  as migrant workers.
 4618  
 4619  As part of the school readiness plan, the early learning
 4620  coalition may request the Governor to apply for a waiver to
 4621  allow the coalition to administer the Head Start Program to
 4622  accomplish the purposes of the school readiness program. If a
 4623  school readiness plan demonstrates that specific statutory goals
 4624  can be achieved more effectively by modifying using procedures
 4625  that require modification of existing rules, policies, or
 4626  procedures, a request for a waiver to the Agency for Workforce
 4627  Innovation may be submitted as part of the plan. Upon review,
 4628  the agency for Workforce Innovation may grant the proposed
 4629  modification.
 4630         5. Persons with an early childhood teaching certificate may
 4631  provide support and supervision to other staff in the school
 4632  readiness program.
 4633         6. An early learning coalition may not implement its school
 4634  readiness plan until it submits the plan to and receives
 4635  approval from the Agency for Workforce Innovation. Once the plan
 4636  is approved, the plan and the services provided under the plan
 4637  shall be controlled by the early learning coalition. The plan
 4638  shall be reviewed and revised as necessary, but at least
 4639  biennially. An early learning coalition may not implement the
 4640  revisions until the coalition submits the revised plan to and
 4641  receives approval from the agency for Workforce Innovation. If
 4642  the agency for Workforce Innovation rejects a revised plan, the
 4643  coalition must continue to operate under its prior approved
 4644  plan.
 4645         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 4646  apply to an early learning coalition with an approved school
 4647  readiness plan. To facilitate innovative practices and to allow
 4648  the regional establishment of school readiness programs, an
 4649  early learning coalition may apply to the Governor and Cabinet
 4650  for a waiver of, and the Governor and Cabinet may waive, any of
 4651  the provisions of ss. 411.223, 411.232, and 1003.54, if the
 4652  waiver is necessary for implementation of the coalition’s school
 4653  readiness plan.
 4654         8. Two or more counties may join for purposes of planning
 4655  and implementing a school readiness program.
 4656         9. An early learning coalition may, subject to approval by
 4657  the Agency for Workforce Innovation as part of the coalition’s
 4658  school readiness plan, receive subsidized child care funds for
 4659  all children eligible for any federal subsidized child care
 4660  program.
 4661         10. An early learning coalition may enter into multiparty
 4662  contracts with multicounty service providers in order to meet
 4663  the needs of unique populations such as migrant workers.
 4664         Section 184. Paragraph (a) of subsection (3) of section
 4665  411.232, Florida Statutes, is amended to read:
 4666         411.232 Children’s Early Investment Program.—
 4667         (3) ESSENTIAL ELEMENTS.—
 4668         (a) Initially, the program shall be directed to geographic
 4669  areas where at-risk young children and their families are in
 4670  greatest need because of an unfavorable combination of economic,
 4671  social, environmental, and health factors, including, without
 4672  limitation, extensive poverty, high crime rate, great incidence
 4673  of low birthweight babies, high incidence of alcohol and drug
 4674  abuse, and high rates of teenage pregnancy. The selection of a
 4675  geographic site must shall also consider the incidence of young
 4676  children within these at-risk geographic areas who are cocaine
 4677  babies, children of single mothers who receive temporary cash
 4678  assistance, children of teenage parents, low birthweight babies,
 4679  and very young foster children. To receive funding under this
 4680  section, an agency, board, council, or provider must
 4681  demonstrate:
 4682         1. Its capacity to administer and coordinate the programs
 4683  and services in a comprehensive manner and provide a flexible
 4684  range of services;
 4685         2. Its capacity to identify and serve those children least
 4686  able to access existing programs and case management services;
 4687         3. Its capacity to administer and coordinate the programs
 4688  and services in an intensive and continuous manner;
 4689         4. The proximity of its facilities to young children,
 4690  parents, and other family members to be served by the program,
 4691  or its ability to provide offsite services;
 4692         5. Its ability to use existing federal, state, and local
 4693  governmental programs and services in implementing the
 4694  investment program;
 4695         6. Its ability to coordinate activities and services with
 4696  existing public and private, state and local agencies and
 4697  programs such as those responsible for health, education, social
 4698  support, mental health, child care, respite care, housing,
 4699  transportation, alcohol and drug abuse treatment and prevention,
 4700  income assistance, employment training and placement, nutrition,
 4701  and other relevant services, all the foregoing intended to
 4702  assist children and families at risk;
 4703         7. How its plan will involve project participants and
 4704  community representatives in the planning and operation of the
 4705  investment program; and
 4706         8. Its ability to participate in the evaluation component
 4707  required in this section.; and
 4708         9. Its consistency with the strategic plan pursuant to s.
 4709  411.221.
 4710         Section 185. Paragraph (a) of subsection (6) of section
 4711  445.006, Florida Statutes, is amended to read:
 4712         445.006 Strategic and operational plans for workforce
 4713  development.—
 4714         (6)(a) The operational plan must include strategies that
 4715  are designed to prevent or reduce the need for a person to
 4716  receive public assistance, including. These strategies must
 4717  include:
 4718         1. A teen pregnancy prevention component that includes, but
 4719  is not limited to, a plan for implementing the Florida Education
 4720  Now and Babies Later (ENABL) program under s. 411.242 and the
 4721  Teen Pregnancy Prevention Community Initiative within each
 4722  county of the services area in which the teen birth rate is
 4723  higher than the state average;
 4724         2. A component that encourages creation of community-based
 4725  welfare prevention and reduction initiatives that increase
 4726  support provided by noncustodial parents to their welfare
 4727  dependent children and are consistent with program and financial
 4728  guidelines developed by Workforce Florida, Inc., and the
 4729  Commission on Responsible Fatherhood. These initiatives may
 4730  include, but are not limited to, improved paternity
 4731  establishment, work activities for noncustodial parents,
 4732  programs aimed at decreasing out-of-wedlock pregnancies,
 4733  encouraging involvement of fathers with their children including
 4734  court-ordered supervised visitation, and increasing child
 4735  support payments;
 4736         3. A component that encourages formation and maintenance of
 4737  two-parent families through, among other things, court-ordered
 4738  supervised visitation;
 4739         4. A component that fosters responsible fatherhood in
 4740  families receiving assistance; and
 4741         5. A component that fosters provision of services that
 4742  reduce the incidence and effects of domestic violence on women
 4743  and children in families receiving assistance.
 4744         Section 186. This act shall take effect upon becoming a
 4745  law.
 4746