HB 7111

1
A bill to be entitled
2An act relating to the Department of Community Affairs;
3creating s. 14.2017, F.S.; creating the Office of
4Emergency Management within the Executive Office of the
5Governor; providing for appointment of a director;
6amending s. 20.10, F.S.; creating the Division of Housing
7and Community Development, which includes the Office of
8Urban Opportunity, and the Division of State and Community
9Planning within the Department of State; requiring the
10Secretary of State to appoint directors; providing
11appointment and termination requirements; providing for
12the employment of personnel; specifying certain
13responsibilities of the department; amending ss. 68.096
14and 68.105, F.S.; revising references to the Department of
15Community Affairs to conform to the transfer of the civil
16legal assistance program within the Department of
17Community Affairs to the Department of Legal Affairs;
18amending ss. 420.504 and 420.506, F.S.; revising
19references to the Department of Community Affairs to
20conform to the transfer of the Florida Housing Finance
21Corporation to the Department of State; providing for a
22type two transfer of the Division of Housing and Community
23Development and the Division of Community Planning within
24the Department of Community Affairs to the Department of
25State; providing for a type two transfer of the Division
26of Emergency Management within the Department of Community
27Affairs to the Executive Office of the Governor; providing
28for a type two transfer of the civil legal assistance
29program within the Department of Community Affairs to the
30Department of Legal Affairs; providing for a type two
31transfer of the manufactured building program and the
32Florida Building Commission, including the commission's
33oversight of the Florida Americans With Disabilities
34Accessibility Implementation Act and the Florida Building
35Code, within the Department of Community Affairs to the
36Department of Business and Professional Regulation;
37requiring the Division of Statutory Revision of the Office
38of Legislative Services, at the request of certain
39legislative substantive committees, to provide assistance
40in conforming Florida Statutes to changes made by the act;
41directing the Secretary of State to evaluate the programs,
42functions, and activities transferred to the Department of
43State in accordance with the act and to submit certain
44recommendations to the Governor and the Legislature by a
45specified date; providing legislative intent relating to
46changes made by the act; repealing s. 20.18, F.S.,
47relating to the creation of the Department of Community
48Affairs; repealing s. 163.3247, F.S., relating to the
49Century Commission for a Sustainable Florida; repealing
50ss. 720.403, 720.404, 720.405, 720.406, and 720.407, F.S.,
51relating to covenant revitalization for residential
52communities under part III of ch. 720, F.S.; providing
53effective dates.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Section 14.2017, Florida Statutes, is created
58to read:
59     14.2017  Office of Emergency Management.--The Office of
60Emergency Management is created within the Executive Office of
61the Governor. The director of the Office of Emergency Management
62shall be appointed by and serve at the pleasure of the Governor.
63     Section 2.  Section 20.10, Florida Statutes, is amended to
64read:
65     20.10  Department of State.--There is created a Department
66of State.
67     (1)  The head of the Department of State is the Secretary
68of State. The Secretary of State shall be appointed by the
69Governor, subject to confirmation by the Senate, and shall serve
70at the pleasure of the Governor. The Secretary of State shall
71perform the functions conferred by the State Constitution upon
72the custodian of state records.
73     (2)  The following divisions of the Department of State are
74established:
75     (a)  Division of Elections.
76     (b)  Division of Historical Resources.
77     (c)  Division of Corporations.
78     (d)  Division of Library and Information Services.
79     (e)  Division of Cultural Affairs.
80     (f)  Division of Administration.
81     (g)  Division of Housing and Community Development, which
82shall include the Office of Urban Opportunity.
83     (h)  Division of State and Community Planning.
84     (3)  Unless otherwise provided by law, the Secretary of
85State shall appoint the directors or executive directors of any
86commission or council assigned to the department, who shall
87serve at the pleasure of the secretary as provided for division
88directors in s. 110.205. Any appointment or termination by the
89secretary shall be with the advice and consent of the commission
90or council, and the director or executive director may employ,
91subject to departmental rules and procedures, such personnel as
92may be authorized and necessary.
93     (4)  The role of state government required by part I of
94chapter 421 and chapters 422 and 423 is the responsibility of
95the Department of State, and the department is the agency of
96state government responsible for the state's role in housing and
97urban development.
98     (5)(3)  The Department of State may adopt rules pursuant to
99ss. 120.536(1) and 120.54 to administer the provisions of law
100conferring duties upon the department.
101     Section 3.  Subsection (1) of section 68.096, Florida
102Statutes, is amended to read:
103     68.096  Definitions.--For purposes of this act:
104     (1)  "Department" means the Department of Legal Community
105Affairs.
106     Section 4.  Section 68.105, Florida Statutes, is amended to
107read:
108     68.105  Use of funds; reports.--All appropriations made for
109the purposes of this act shall only be used for legal education
110or assistance in family law, juvenile law, entitlement to
111federal benefits, protection from domestic violence, elder
112abuse, child abuse, or immigration law. These funds shall not be
113used in criminal or postconviction relief matters, for lobbying
114activities, to sue the state, its agencies or political
115subdivisions, or colleges or universities, for class action
116lawsuits, to provide legal assistance with respect to
117noncriminal infractions pursuant to chapter 316, chapter 318,
118chapter 320, or chapter 322, to contest regulatory decisions of
119any municipal, county, or state administrative or legislative
120body, or to file or assist in the filing of private causes of
121action under federal or state statutes relating to or arising
122out of employment or terms or conditions of employment. The
123contracting organization shall require pilot projects to provide
124data on the number of clients served, the types of cases, the
125reasons the cases were closed, and the state dollars saved and
126federal dollars brought into the state because of the legal
127services provided. The contracting organization shall provide to
128the Department of Legal Community Affairs, within 60 days of the
129completion of the contract, a report on the legal services
130provided, the state dollars saved, and the federal dollars
131brought into the state.
132     Section 5.  Subsections (1) and (3) of section 420.504,
133Florida Statutes, are amended to read:
134     420.504  Public corporation; creation, membership, terms,
135expenses.--
136     (1)  There is created within the Department of State
137Community Affairs a public corporation and a public body
138corporate and politic, to be known as the "Florida Housing
139Finance Corporation." It is declared to be the intent of and
140constitutional construction by the Legislature that the Florida
141Housing Finance Corporation constitutes an entrepreneurial
142public corporation organized to provide and promote the public
143welfare by administering the governmental function of financing
144or refinancing housing and related facilities in Florida and
145that the corporation is not a department of the executive branch
146of state government within the scope and meaning of s. 6, Art.
147IV of the State Constitution, but is functionally related to the
148Department of State Community Affairs in which it is placed. The
149executive function of state government to be performed by the
150secretary of the department in the conduct of the business of
151the Florida Housing Finance Corporation must be performed
152pursuant to a contract to monitor and set performance standards
153for the implementation of the business plan for the provision of
154housing approved for the corporation as provided in s. 420.0006.
155This contract shall include the performance standards for the
156provision of affordable housing in Florida established in the
157business plan described in s. 420.511.
158     (3)  The corporation is a separate budget entity and is not
159subject to control, supervision, or direction by the Department
160of State Community Affairs in any manner, including, but not
161limited to, personnel, purchasing, transactions involving real
162or personal property, and budgetary matters. The corporation
163shall consist of a board of directors composed of the Secretary
164of State Community Affairs as an ex officio and voting member
165and eight members appointed by the Governor subject to
166confirmation by the Senate from the following:
167     (a)  One citizen actively engaged in the residential home
168building industry.
169     (b)  One citizen actively engaged in the banking or
170mortgage banking industry.
171     (c)  One citizen who is a representative of those areas of
172labor engaged in home building.
173     (d)  One citizen with experience in housing development who
174is an advocate for low-income persons.
175     (e)  One citizen actively engaged in the commercial
176building industry.
177     (f)  One citizen who is a former local government elected
178official.
179     (g)  Two citizens of the state who are not principally
180employed as members or representatives of any of the groups
181specified in paragraphs (a)-(f).
182     Section 6.  Section 420.506, Florida Statutes, is amended
183to read:
184     420.506  Executive director; agents and employees.--The
185appointment and removal of an executive director shall be by the
186Secretary of State Community Affairs, with the advice and
187consent of the corporation's board of directors. The executive
188director shall employ legal and technical experts and such other
189agents and employees, permanent and temporary, as the
190corporation may require, and shall communicate with and provide
191information to the Legislature with respect to the corporation's
192activities. The board is authorized, notwithstanding the
193provisions of s. 216.262, to develop and implement rules
194regarding the employment of employees of the corporation and
195service providers, including legal counsel. The board of
196directors of the corporation is entitled to establish travel
197procedures and guidelines for employees of the corporation. The
198executive director's office and the corporation's files and
199records must be located in Leon County.
200     Section 7.  (1)  Effective October 1, 2009, the Division of
201Housing and Community Development and the Division of Community
202Planning within the Department of Community Affairs are
203transferred by a type two transfer, as defined in s. 20.06(2),
204Florida Statutes, to the Department of State, and the Division
205of Community Planning is renamed the Division of State and
206Community Planning. The transfer includes:
207     (a)  All statutory powers, duties, functions, records,
208personnel, and property of the Division of Housing and Community
209Development and the Division of Community Planning.
210     (b)  All unexpended balances of appropriations,
211allocations, trust funds, and other funds used to fund the
212operations of the Division of Housing and Community Development
213and the Division of Community Planning.
214     (c)  All existing legal authorities and actions of the
215Division of Housing and Community Development and the Division
216of Community Planning, including, but not limited to, all
217pending and completed action on orders and rules, all
218enforcement matters, and all delegations, interagency
219agreements, and contracts with federal, state, regional, and
220local governments and private entities.
221     (2)  This section shall not affect the validity of any
222judicial or administrative action involving the Division of
223Housing and Community Development or the Division of Community
224Planning within the Department of Community Affairs pending on
225October 1, 2009, and the Department of State shall be
226substituted as a party in interest in any such action.
227     Section 8.  (1)  Effective October 1, 2009, the Division of
228Emergency Management within the Department of Community Affairs
229is transferred by a type two transfer, as defined in s.
23020.06(2), Florida Statutes, to the Executive Office of the
231Governor and is renamed the Office of Emergency Management. The
232transfer includes:
233     (a)  All statutory powers, duties, functions, records,
234personnel, and property of the Division of Emergency Management.
235     (b)  All unexpended balances of appropriations,
236allocations, trust funds, and other funds used to fund the
237operations of the Division of Emergency Management.
238     (c)  All existing legal authorities and actions of the
239Division of Emergency Management, including, but not limited to,
240all pending and completed action on orders and rules, all
241enforcement matters, and all delegations, interagency
242agreements, and contracts with federal, state, regional, and
243local governments and private entities.
244     (2)  This section shall not affect the validity of any
245judicial or administrative action involving the Division of
246Emergency Management within the Department of Community Affairs
247pending on October 1, 2009, and the Executive Office of the
248Governor shall be substituted as a party in interest in any such
249action.
250     Section 9.  Effective October 1, 2009, the civil legal
251assistance program created pursuant to the Florida Access to
252Civil Legal Assistance Act under sections 68.094-68.105, Florida
253Statutes, within the Department of Community Affairs is
254transferred by a type two transfer, as defined in s. 20.06(2),
255Florida Statutes, to the Department of Legal Affairs.
256     Section 10.  (1)  Effective October 1, 2009, the
257manufactured building program created pursuant to the Florida
258Manufactured Building Act of 1979 under part I of chapter 553,
259Florida Statutes, and the Florida Building Commission, including
260oversight of the programs created pursuant to the Florida
261Americans With Disabilities Accessibility Implementation Act
262under part II of chapter 553, Florida Statutes, and the Florida
263Building Codes Act under part IV of chapter 553, Florida
264Statutes, within the Department of Community Affairs are
265transferred by a type two transfer, as defined in s. 20.06(2),
266Florida Statutes, to the Department of Business and Professional
267Regulation. The transfer includes:
268     (a)  All statutory powers, duties, functions, records,
269personnel, and property of the manufactured building program and
270the Florida Building Commission.
271     (b)  All unexpended balances of appropriations,
272allocations, trust funds, and other funds used to fund the
273operations of the manufactured building program and the Florida
274Building Commission.
275     (c)  All existing legal authorities and actions of the
276manufactured building program and the Florida Building
277Commission, including, but not limited to, all pending and
278completed action on orders and rules, all enforcement matters,
279and all delegations, interagency agreements, and contracts with
280federal, state, regional, and local governments and private
281entities.
282     (2)  This section shall not affect the validity of any
283judicial or administrative action involving the manufactured
284building program or the Florida Building Commission within the
285Department of Community Affairs pending on October 1, 2009, and
286the Department of Business and Professional Regulation shall be
287substituted as a party in interest in any such action.
288     Section 11.  The Legislature recognizes that there is a
289need to conform the Florida Statutes to the policy decisions
290reflected in this act and that there is a need to resolve
291apparent conflicts between this act and any other legislation
292enacted during 2009 relating to the Department of Community
293Affairs, the Department of Business and Professional Regulation,
294the Department of Legal Affairs, the Department of State, and
295the Executive Office of the Governor. Therefore, in the interim
296between this act becoming a law and the 2010 Regular Session of
297the Legislature or an earlier special session addressing this
298issue, the Division of Statutory Revision shall, upon request,
299provide the relevant substantive committees of the Senate and
300the House of Representatives with assistance to enable such
301committees to prepare draft legislation to conform the Florida
302Statutes and any legislation enacted during 2009 to the
303provisions of this act.
304     Section 12.  The Secretary of State shall evaluate the
305programs, functions, and activities transferred to the
306Department of State by this act and recommend statutory changes
307to best effectuate and incorporate the programs, functions, and
308activities within the Department of State, including
309recommendations for achieving efficiencies in management and
310operation, improving service delivery to the public, and
311ensuring compliance with federal and state laws. The secretary
312shall submit his or her recommendations to the Governor, the
313President of the Senate, and the Speaker of the House of
314Representatives no later than January 1, 2010.
315     Section 13.  Except as otherwise provided in this act, it
316is the intent of the Legislature that the programs, functions,
317and activities of the Department of Community Affairs continue
318without significant change during the 2009-2010 fiscal year, and
319no change in department rules shall be made until July 1, 2010,
320except as may be required to reflect changes in or for
321compliance with new federal or state laws. This limitation on
322rule adoption shall not apply to rules regarding the Florida
323Building Code adopted under the authority of chapter 553,
324Florida Statutes.
325     Section 14.  Sections 20.18, 163.3247, 720.403, 720.404,
326720.405, 720.406, and 720.407, Florida Statutes, are repealed.
327     Section 15.  Except as otherwise expressly provided in this
328act, this act shall take effect July 1, 2009.


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