CS for CS for SB 1412 First Engrossed
20101412e1
1 A bill to be entitled
2 An act relating to obsolete or outdated agency plans,
3 reports, and programs; repealing s. 13.01, F.S., which
4 establishes the Florida Commission on Interstate
5 Cooperation; repealing s. 13.02, F.S., which
6 establishes the Senate Committee on Interstate
7 Cooperation; repealing s. 13.03, F.S., which
8 establishes the House of Representatives Committee on
9 Interstate Cooperation; repealing s. 13.04, F.S.,
10 which provides terms and functions of both House and
11 Senate standing committees; repealing s. 13.05, F.S.,
12 which establishes the Governor’s Committee on
13 Interstate Cooperation; repealing s. 13.06, F.S.,
14 which designates informal names of the committees and
15 the Commission; repealing s. 13.07, F.S., which
16 provides the functions of the commission; repealing s.
17 13.08, F.S., which establishes the powers and duties
18 of the commission; repealing s. 13.09, F.S., which
19 declares the Council of State Government to be a joint
20 governmental agency of Florida and other states;
21 transferring and renumbering s. 13.10, F.S., relating
22 to the appointment of Commissioners to the National
23 Conference of Commissioners on Uniform State Laws;
24 repealing s. 13.90, F.S., which establishes the
25 Florida Legislative Law Revision Council; repealing s.
26 13.91, F.S., which establishes the membership of the
27 council; repealing s. 13.92, F.S., which establishes
28 the term limits for members appointed to the council;
29 repealing s. 13.93, F.S., which declares all serving
30 members of the council eligible for reappointment;
31 repealing s. 13.94, F.S., which designates the chair
32 and vice chair of the council; repealing s. 13.95,
33 F.S., which declares that the members of the council
34 shall serve without compensation; repealing s. 13.96,
35 F.S., which provides the functions of the council;
36 repealing s. 13.97, F.S., which provides that the
37 council shall be the recipient of proposed changes and
38 may make recommendations on such proposals; repealing
39 s. 13.98, F.S., which provides that the council submit
40 a report of all actions taken at each regular session
41 of the Legislature; repealing s. 13.99, F.S.,
42 regarding personnel of the council; repealing s.
43 13.992, F.S., which defines the powers of the council;
44 repealing s. 13.993, F.S., which authorizes the
45 council to procure information from state, municipal
46 corporations, or governmental department agencies;
47 repealing s. 13.994, F.S., which authorizes the
48 council to create rules and regulations for the
49 conduct of business; repealing s. 13.995, F.S., which
50 requires appropriations to carry out the purposes of
51 the council; repealing s. 13.996, F.S., which provides
52 that the first duty of the council shall be to
53 complete revision of the criminal laws of the state of
54 Florida; repealing s. 14.25, F.S., relating to the
55 Florida State Commission on Hispanic Affairs; amending
56 s. 14.26, F.S.; revising reporting requirements of the
57 Citizen’s Assistance Office; repealing s. 14.27, F.S.,
58 relating to the Florida Commission on African-American
59 Affairs; repealing s. 16.58, F.S., relating to the
60 Florida Legal Resource Center; amending s. 17.32,
61 F.S.; revising the recipients of the annual report of
62 trust funds by the Chief Financial Officer; amending
63 s. 17.325, F.S.; deleting a reporting requirement
64 relating to the governmental efficiency hotline;
65 amending s. 20.057, F.S.; deleting a reporting
66 requirement of the Governor relating to interagency
67 agreements to delete duplication of inspections;
68 repealing s. 20.316(4)(e), (f), and (g), F.S.,
69 relating to information systems of the Department of
70 Juvenile Justice; amending s. 39.4086, F.S.; deleting
71 provisions relating to a report by the State Courts
72 Administrator on a guardian ad litem program for
73 dependent children; amending s. 98.255, F.S.; deleting
74 provisions relating to a report on the effectiveness
75 of voter education programs; amending s. 110.1227,
76 F.S.; revising provisions relating to a report by the
77 board of directors of the Florida Long-Term-Care Plan;
78 amending s. 120.542, F.S.; deleting provisions
79 relating to reports of petitions filed for variances
80 to agency rules; repealing s. 153.952, F.S., relating
81 to legislative findings and intent concerning
82 privately owned wastewater systems and facilities;
83 amending s. 161.053, F.S.; deleting a provision
84 relating to a report on the coastal construction
85 control line; amending s. 161.161, F.S.; deleting a
86 provision requiring a report on funding for beach
87 erosion control; repealing s. 163.2526, F.S., relating
88 to the review and evaluation of urban infill; amending
89 s. 163.3167, F.S.; deleting provisions relating to
90 local government comprehensive plans; amending s.
91 163.3177, F.S.; revising requirements for
92 comprehensive plans; amending s. 163.3178, F.S.;
93 deleting a duty of the Coastal Resources Interagency
94 Management Committee to submit certain
95 recommendations; repealing s. 163.519(12), F.S.,
96 relating to the requirement for a report on
97 neighborhood improvement districts by the Department
98 of Legal Affairs; repealing s. 186.007(9), F.S.;
99 deleting provisions relating to a committee to
100 recommend to the Governor changes in the state
101 comprehensive plan; amending ss. 189.4035 and 189.412,
102 F.S.; revising requirements relating to dissemination
103 of the official list of special districts; amending s.
104 206.606, F.S.; revising provisions relating to a
105 report on the Florida Boating Improvement Program;
106 amending s. 212.054, F.S.; deleting the requirement
107 for a report on costs of administering the
108 discretionary sales surtax; amending s. 212.08, F.S.;
109 deleting a requirement for a report on the sales tax
110 exemption for machinery and equipment used in
111 semiconductor, defense, or space technology production
112 and research and development; repealing s. 213.0452,
113 F.S., relating to a report on the structure of the
114 Department of Revenue; repealing s. 213.054, F.S.,
115 relating to monitoring and reporting regarding persons
116 claiming tax exemptions; amending s. 215.70, F.S.;
117 requiring the State Board of Administration to report
118 to the Governor when funds need to be appropriated to
119 honor the full faith and credit of the state; amending
120 s. 216.011, F.S.; redefining the term “long-range
121 program plan”; repealing s. 216.181(10)(c), F.S.,
122 relating to reports of filled and vacant positions and
123 salaries; amending s. 252.55, F.S.; revising certain
124 reporting requirements relating to the Civil Air
125 Patrol; amending s. 253.7825, F.S.; deleting
126 provisions relating to the plan for the Cross Florida
127 Greenways State Recreation and Conservation Area;
128 repealing s. 253.7826, F.S., relating to structures of
129 the Cross Florida Barge Canal; repealing s. 253.7829,
130 F.S., relating to a management plan for retention or
131 disposition of lands of the Cross Florida Barge Canal;
132 amending s. 259.037, F.S.; revising provisions
133 relating to a report of the Land Management Uniform
134 Accounting Council; repealing s. 267.074(4), F.S.,
135 relating to a plan for the State Historical Marker
136 Program; repealing s. 284.50(3), F.S., relating to a
137 requirement for a report by the Interagency Advisory
138 Council on Loss Prevention and certain department
139 heads; repealing s. 287.045(11), F.S., relating to a
140 requirement for reports on use of recycled products;
141 repealing s. 288.1185, F.S., relating to the Recycling
142 Markets Advisory Committee; amending s. 288.1229,
143 F.S.; revising duties of the direct-support
144 organization to support sports-related industries and
145 amateur athletics; repealing s. 288.7015(4), F.S.,
146 relating to a requirement for a report by the rules
147 ombudsman in the Executive Office of the Governor;
148 amending s. 288.7771, F.S.; revising a reporting
149 requirement of the Florida Export Finance Corporation;
150 repealing s. 288.8175(8), (10), and (11), F.S.,
151 relating to certain responsibilities of the Department
152 of Education with respect to linkage institutes
153 between postsecondary institutions in this state and
154 foreign countries; repealing s. 288.853(5), F.S.,
155 relating to the requirement for a report on assistance
156 to and commerce with Cuba; amending s. 288.904, F.S.;
157 deleting an obsolete provision requiring the creation
158 of advisory committees on international and small
159 business issues; amending s. 288.95155, F.S.; revising
160 requirements for a report by Enterprise Florida, Inc.,
161 on the Florida Small Business Technology Growth
162 Program; amending s. 288.9604, F.S.; deleting a
163 requirement for a report by the Florida Development
164 Finance Corporation; amending s. 288.9610, F.S.;
165 revising provisions relating to annual reporting by
166 the corporation; amending s. 292.05, F.S.; revising
167 requirements relating to a report by the Department of
168 Veterans’ Affairs; repealing ss. 296.16 and 296.39,
169 F.S., relating to reports by the executive director of
170 the Department of Veterans’ Affairs; repealing s.
171 315.03(12)(c), F.S., relating to legislative review of
172 a loan program of the Florida Seaport Transportation
173 and Economic Development Council; amending s. 319.324,
174 F.S.; deleting provisions relating to funding a report
175 on odometer fraud prevention and detection; repealing
176 s. 322.181, F.S., relating to a study by the
177 Department of Highway Safety and Motor Vehicles on
178 driving by the elderly; repealing s. 322.251(7)(c),
179 F.S., relating to a plan to indemnify persons wanted
180 for passing worthless bank checks; amending s.
181 373.0391, F.S.; deleting provisions relating to
182 provision of certain information by water management
183 districts; amending s. 373.046, F.S.; deleting an
184 obsolete provision requiring a report by the Secretary
185 of Environmental Protection; repealing s. 376.121(14),
186 F.S., relating to a report by the Department of
187 Environmental Protection on damage to natural
188 resources; repealing s. 376.17, F.S., relating to
189 reports of the department to the Legislature;
190 repealing s. 376.30713(5), F.S., relating to a report
191 on preapproved advanced cleanup; amending s. 379.2211,
192 F.S.; revising provisions relating to a report by the
193 Fish and Wildlife Conservation Commission on waterfowl
194 permit revenues; amending s. 379.2212, F.S.; revising
195 provisions relating to a report by the commission on
196 wild turkey permit revenues; repealing s. 379.2523(8),
197 F.S., relating to duties of the Fish and Wildlife
198 Conservation Commission concerning an aquaculture
199 plan; amending s. 380.06, F.S.; deleting provisions on
200 transmission of revisions relating to statewide
201 guidelines and standards for developments of regional
202 impact; repealing s. 380.0677(3), F.S., relating to
203 powers of the Green Swamp Land Authority; repealing s.
204 381.0011(3), F.S., relating to an inclusion in the
205 Department of Health’s strategic plan; repealing s.
206 381.0036, F.S., relating to planning for
207 implementation of educational requirements concerning
208 HIV and AIDS; repealing s. 381.731, F.S., relating to
209 strategic planning of the Department of Health;
210 amending s. 381.795, F.S.; deleting provisions
211 relating to studies by the Department of Health on
212 long-term, community-based supports; amending s.
213 381.931, F.S.; deleting provisions relating to the
214 duty of the Department of Health to develop a report
215 on Medicaid expenditures; amending s. 383.19, F.S.;
216 revising provisions relating to reports by hospitals
217 contracting to provide perinatal intensive care
218 services; repealing s. 383.21, F.S., relating to
219 reviews of perinatal intensive care service programs;
220 amending s. 383.2161, F.S.; revising requirements
221 relating to a report by the Department of Health on
222 maternal and child health; repealing s. 394.4573(4),
223 F.S., relating to the requirement for a report by the
224 Department of Children and Family Services on staffing
225 state mental health facilities; amending s. 394.4985,
226 F.S.; deleting provisions relating to plans by
227 department districts; repealing s. 394.82, F.S.,
228 relating to the funding of expanded community mental
229 health services; repealing s. 394.9083, F.S., relating
230 to the Behavioral Health Services Integration
231 Workgroup; repealing s. 395.807(2)(c), F.S., relating
232 to requirements for a report on the retention of
233 family practice residents; repealing s. 397.332(3),
234 F.S., relating to the requirement for a report by the
235 director of the Office of Drug Control; repealing s.
236 397.94(1), F.S., relating to children’s substance
237 abuse services plans by service districts of the
238 Department of Children and Family Services; repealing
239 s. 400.148(2), F.S., relating to a pilot program of
240 the Agency for Health Care Administration for a
241 quality-of-care contract management program; amending
242 s. 400.967, F.S.; deleting provisions relating to a
243 report by the Agency for Health Care Administration on
244 intermediate care facilities for developmentally
245 disabled persons; repealing s. 402.3016(3), F.S.,
246 relating to the requirement for a report by the agency
247 on Early Head Start collaboration grants; repealing s.
248 402.40(9), F.S., relating to submission to the
249 Legislature of certain information related to child
250 welfare training; amending s. 403.4131, F.S.; deleting
251 provisions relating to a report on the adopt-a-highway
252 program; repealing s. 403.706(2)(d), F.S., relating to
253 local government solid waste responsibilities;
254 repealing s. 406.02(4)(a), F.S., relating to the
255 requirement for a report by the Medical Examiners
256 Commission; amending s. 408.033, F.S.; revising
257 provisions relating to reports by local health
258 councils; repealing s. 408.914(4), F.S., relating to
259 the requirement of the Agency for Health Care
260 Administration to submit to the Governor a plan on the
261 comprehensive health and human services eligibility
262 access system; repealing s. 408.915(3)(i), F.S.,
263 relating to the requirement for periodic reports on
264 the pilot program for such access; repealing s.
265 408.917, F.S., relating to an evaluation of the pilot
266 project; amending s. 409.1451, F.S.; revising
267 requirements relating to reports on independent living
268 transition services; repealing s. 409.152, F.S.,
269 relating to service integration and family
270 preservation; repealing s. 409.1679(1) and (2), F.S.,
271 relating to reports concerning residential group care
272 services; amending s. 409.1685, F.S.; revising
273 provisions relating to reports by the Department of
274 Children and Family Services on children in foster
275 care; repealing s. 409.221(4)(k), F.S., relating to
276 reports on consumer-directed care; amending s.
277 409.25575, F.S.; deleting provisions relating to a
278 report by the Department of Revenue regarding a
279 quality assurance program for privatization of
280 services; amending s. 409.2558, F.S.; deleting
281 provisions relating to the Department of Revenue’s
282 solicitation of recommendations related to a rule on
283 undistributable collections; repealing s. 409.441(3),
284 F.S., relating to the state plan for the handling of
285 runaway youths; amending s. 409.906, F.S.; deleting a
286 requirement for reports of child-welfare-targeted case
287 management projects; amending s. 409.912, F.S.;
288 revising provisions relating to duties of the agency
289 with respect to cost-effective purchasing of health
290 care; repealing s. 410.0245, F.S., relating to a study
291 of service needs of the disabled adult population;
292 repealing s. 410.604(10), F.S., relating to a
293 requirement for the Department of Children and Family
294 Services to evaluate the community care for disabled
295 adults program; amending s. 411.0102, F.S.; deleting
296 provisions relating to use of child care purchasing
297 pool funds; repealing s. 411.221, F.S., relating to
298 prevention and early assistance; repealing s. 411.242,
299 F.S., relating to the Florida Education Now and Babies
300 Later program; amending s. 414.14, F.S.; deleting a
301 provision relating to a report by the Secretary of
302 Children and Family Services on public assistance
303 policy simplification; repealing s. 414.36(1), F.S.,
304 relating to a plan for privatization of recovery of
305 public assistance overpayment claims; repealing s.
306 414.391(3), F.S., relating to a plan for automated
307 fingerprint imaging; amending s. 415.1045, F.S.;
308 deleting a requirement for a study by the Office of
309 Program Policy Analysis and Government Accountability
310 on documentation of exploitation, abuse, or neglect;
311 amending s. 420.622, F.S.; revising requirements
312 relating to a report by the State Council on
313 Homelessness; repealing s. 420.623(4), F.S., relating
314 to the requirement of a report by the Department of
315 Community Affairs on homelessness; amending s.
316 427.704, F.S.; revising requirements relating to a
317 report by the Public Service Commission on a
318 telecommunications access system; amending s. 427.706,
319 F.S.; revising requirements relating to a report by
320 the advisory committee on telecommunications access;
321 amending s. 429.07, F.S.; deleting provisions relating
322 to a report by the Department of Elderly Affairs on
323 extended congregate care facilities; amending s.
324 429.41, F.S.; deleting provisions relating to a report
325 concerning standards for assisted living facilities;
326 amending s. 430.04, F.S.; revising duties of the
327 Department of Elderly Affairs with respect to certain
328 reports and recommendations; amending s. 430.502,
329 F.S.; revising requirements with respect to reports by
330 the Alzheimer’s Disease Advisory Committee; amending
331 s. 445.006, F.S.; deleting provisions relating to a
332 strategic plan for workforce development; repealing s.
333 455.2226(8), F.S., relating to the requirement of a
334 report by the Board of Funeral Directors and
335 Embalmers; repealing s. 455.2228(6), F.S., relating to
336 the requirement of reports by the Barbers’ Board and
337 the Board of Cosmetology; amending s. 456.005, F.S.;
338 revising requirements relating to long-range planning
339 by professional boards; amending s. 456.025, F.S.;
340 revising requirements relating to a report to
341 professional boards by the Department of Health;
342 repealing s. 456.034(6), F.S., relating to reports by
343 professional boards about HIV and AIDS; amending s.
344 517.302, F.S.; deleting a requirement for a report by
345 the Office of Financial Regulation on deposits into
346 the Anti-Fraud Trust Fund; repealing s. 531.415(3),
347 F.S., relating to the requirement of a report by the
348 Department of Agriculture and Consumer Services on
349 fees; repealing s. 570.0705(3), F.S., relating to the
350 requirement of a report by the Commissioner of
351 Agriculture concerning advisory committees; amending
352 s. 570.0725, F.S.; requiring that the Department of
353 Agriculture and Consumer Services submit an electronic
354 report to the Legislature concerning support for food
355 recovery programs; repealing s. 570.543(3), F.S.,
356 relating to legislative recommendations of the Florida
357 Consumers’ Council; amending s. 590.33, F.S.; deleting
358 a reference to the Florida Commission on Interstate
359 Cooperation to conform to changes made by the act;
360 amending s. 603.204, F.S.; revising requirements
361 relating to the South Florida Tropical Fruit Plan;
362 amending s. 627.64872, F.S.; deleting provisions
363 relating to an interim report by the board of
364 directors of the Florida Health Insurance Plan;
365 prohibiting the board from acting to implement the
366 plan until certain funds are appropriated; amending s.
367 744.708, F.S.; revising provisions relating to audits
368 of public guardian offices and to reports concerning
369 those offices; amending s. 790.22, F.S.; deleting
370 provisions relating to reports by the Department of
371 Juvenile Justice concerning certain juvenile offenses
372 that involve weapons; amending s. 943.125, F.S.;
373 deleting provisions relating to reports by the Florida
374 Sheriffs Association and the Florida Police Chiefs
375 Association concerning law enforcement agency
376 accreditation; amending s. 943.68, F.S.; revising
377 requirements relating to reports by the Department of
378 Law Enforcement concerning transportation and
379 protective services; amending s. 944.801, F.S.;
380 deleting a requirement to deliver to specified
381 officials copies of certain reports concerning
382 education of state prisoners; repealing s. 945.35(10),
383 F.S., relating to the requirement of a report by the
384 Department of Corrections concerning HIV and AIDS
385 education; repealing s. 958.045(9), F.S., relating to
386 a report by the department concerning youthful
387 offenders; amending s. 960.045, F.S.; revising
388 requirements relating to reports by the Department of
389 Legal Affairs with respect to victims of crimes;
390 repealing s. 985.02(8)(c), F.S., relating to the
391 requirement of a study by the Office of Program Policy
392 Analysis and Government Accountability on programs for
393 young females within the Department of Juvenile
394 Justice; amending s. 985.047, F.S.; deleting
395 provisions relating to a plan by a multiagency task
396 force on information systems related to delinquency;
397 amending s. 985.47, F.S.; deleting provisions relating
398 to a report on serious or habitual juvenile offenders;
399 amending s. 985.483, F.S.; deleting provisions
400 relating to a report on intensive residential
401 treatment for offenders younger than 13 years of age;
402 repealing s. 985.61(5), F.S., relating to a report by
403 the Department of Juvenile Justice on early
404 delinquency intervention; amending s. 985.622, F.S.;
405 deleting provisions relating to submission of the
406 multiagency plan for vocational education; repealing
407 s. 985.632(7), F.S., relating to a report by the
408 Department of Juvenile Justice on funding incentives
409 and disincentives; repealing s. 1003.61(4), F.S.,
410 relating to evaluation of a pilot attendance project
411 in Manatee County; repealing s. 1004.50(6), F.S.,
412 relating to the requirement of a report by the
413 Governor concerning unmet needs in urban communities;
414 repealing s. 1006.0605, F.S., relating to students’
415 summer nutrition; repealing s. 1006.67, F.S., relating
416 to a report of campus crime statistics; amending s.
417 1009.70, F.S.; deleting provisions relating to a
418 report on a minority law school scholarship program;
419 amending s. 1011.32, F.S.; requiring the Governor to
420 be given a copy of a report related to the Community
421 College Facility Enhancement Challenge Grant Program;
422 amending s. 1011.62, F.S.; deleting provisions
423 relating to recommendations for implementing the
424 extended-school-year program; repealing s.
425 1012.05(2)(l), F.S., relating to a plan concerning
426 teacher recruitment and retention; amending s.
427 1012.42, F.S.; deleting provisions relating to a plan
428 of assistance for teachers teaching out-of-field;
429 amending s. 1013.11, F.S.; deleting provisions
430 relating to transmittal of a report on physical plant
431 safety; amending ss. 161.142, 163.065, 163.2511,
432 163.2514, 163.3202, 259.041, 259.101, 369.305,
433 379.2431, 381.732, 381.733, 411.01, 411.232, and
434 445.006, F.S., conforming cross-references to changes
435 made by the act; amending s. 1001.42, F.S.; deleting
436 provisions that require each district school board to
437 reduce paperwork and data collection and report its
438 findings and potential solutions on reducing burdens
439 associated with such collection; amending s. 1008.31,
440 F.S.; requiring that the Commissioner of Education
441 monitor and review the collection of paperwork, data,
442 and reports by school districts; requiring that the
443 commissioner complete an annual review of such
444 collection by a specified date each year; requiring
445 that the commissioner prepare a report, by a specified
446 date each year, assisting the school districts with
447 eliminating or consolidating paperwork, data, and
448 reports by providing suggestions, technical
449 assistance, and guidance; providing an effective date.
450
451 Be It Enacted by the Legislature of the State of Florida:
452
453 Section 1. Section 13.01, Florida Statutes, is repealed.
454 Section 2. Section 13.02, Florida Statutes, is repealed.
455 Section 3. Section 13.03, Florida Statutes, is repealed.
456 Section 4. Section 13.04, Florida Statutes, is repealed.
457 Section 5. Section 13.05, Florida Statutes, is repealed.
458 Section 6. Section 13.06, Florida Statutes, is repealed.
459 Section 7. Section 13.07, Florida Statutes, is repealed.
460 Section 8. Section 13.08, Florida Statutes, is repealed.
461 Section 9. Section 13.09, Florida Statutes, is repealed.
462 Section 10. Section 13.10, Florida Statutes, is transferred
463 and renumbered as section 11.249, Florida Statutes.
464 Section 11. Section 13.90, Florida Statutes, is repealed.
465 Section 12. Section 13.91, Florida Statutes, is repealed.
466 Section 13. Section 13.92, Florida Statutes, is repealed.
467 Section 14. Section 13.93, Florida Statutes, is repealed.
468 Section 15. Section 13.94, Florida Statutes, is repealed.
469 Section 16. Section 13.95, Florida Statutes, is repealed.
470 Section 17. Section 13.96, Florida Statutes, is repealed.
471 Section 18. Section 13.97, Florida Statutes, is repealed.
472 Section 19. Section 13.98, Florida Statutes, is repealed.
473 Section 20. Section 13.99, Florida Statutes, is repealed.
474 Section 21. Section 13.992, Florida Statutes, is repealed.
475 Section 22. Section 13.993, Florida Statutes, is repealed.
476 Section 23. Section 13.994, Florida Statutes, is repealed.
477 Section 24. Section 13.995, Florida Statutes, is repealed.
478 Section 25. Section 13.996, Florida Statutes, is repealed.
479 Section 26. Section 14.25, Florida Statutes, is repealed.
480 Section 27. Subsection (3) of section 14.26, Florida
481 Statutes, is amended to read:
482 14.26 Citizen’s Assistance Office.—
483 (3) The Citizen’s Assistance Office shall report make
484 quarterly reports to the Governor on, which shall include:
485 (a) The number of complaints and investigations and
486 complaints made during the preceding quarter and the disposition
487 of such investigations.
488 (b) Recommendations in the form of suggested legislation or
489 suggested procedures for the alleviation of problems disclosed
490 by investigations.
491 (b)(c) A report including statistics which reflect The
492 types of complaints made and an assessment as to the cause of
493 the complaints.
494 (c) Recommendations for the alleviation of the cause of
495 complaints disclosed by investigations.
496 (d) Such Other information as the Executive Office of the
497 Governor shall require.
498 Section 28. Section 14.27, Florida Statutes, is repealed.
499 Section 29. Section 16.58, Florida Statutes, is repealed.
500 Section 30. Subsection (1) of section 17.32, Florida
501 Statutes, is amended to read:
502 17.32 Annual report of trust funds; duties of Chief
503 Financial Officer.—
504 (1) On February 1 of each year, the Chief Financial Officer
505 shall present to the Governor and the Legislature President of
506 the Senate and the Speaker of the House of Representatives a
507 report listing all trust funds as defined in s. 215.32. The
508 report must shall contain the following data elements for each
509 fund for the preceding fiscal year:
510 (a) The fund code.
511 (b) The title.
512 (c) The fund type according to generally accepted
513 accounting principles.
514 (d) The statutory authority.
515 (e) The beginning cash balance.
516 (f) Direct revenues.
517 (g) Nonoperating revenues.
518 (h) Operating disbursements.
519 (i) Nonoperating disbursements.
520 (j) The ending cash balance.
521 (k) The department and budget entity in which the fund is
522 located.
523 Section 31. Subsection (1) of section 17.325, Florida
524 Statutes, is amended to read:
525 17.325 Governmental efficiency hotline; duties of Chief
526 Financial Officer.—
527 (1) The Chief Financial Officer shall establish and operate
528 a statewide toll-free telephone hotline to receive information
529 or suggestions from the residents citizens of this state on how
530 to improve the operation of government, increase governmental
531 efficiency, and eliminate waste in government. The Chief
532 Financial Officer shall report each month to the appropriations
533 committee of the House of Representatives and of the Senate the
534 information or suggestions received through the hotline and the
535 evaluations and determinations made by the affected agency, as
536 provided in subsection (3), with respect to such information or
537 suggestions.
538 Section 32. Section 20.057, Florida Statutes, is amended to
539 read:
540 20.057 Interagency agreements to delete duplication of
541 inspections.—
542 (1) The Governor shall direct any department, the head of
543 which is an officer or board appointed by and serving at the
544 pleasure of the Governor, to enter into an interagency agreement
545 to that will eliminate duplication of inspections among the
546 departments that inspect the same type of facility or structure.
547 Parties to the agreement may include departments which are
548 headed by a Cabinet officer, the Governor and Cabinet, or a
549 collegial body. The agreement shall:
550 (a) Authorize agents of one department to conduct
551 inspections required to be performed by another department.
552 (b) Specify that agents of the department conducting the
553 inspection have all powers relative to the inspection as the
554 agents of the department on whose behalf the inspection is being
555 conducted.
556 (c) Require that agents of the department conducting the
557 inspection have sufficient knowledge of statutory and
558 administrative inspection requirements to conduct a proper
559 inspection.
560 (d) Specify that the departments entering which have
561 entered into the agreement may not neither charge or nor accept
562 any funds with respect to duties performed under the agreement
563 which are in excess of the direct costs of conducting the such
564 inspections.
565 (2) Before taking effect, an agreement entered into under
566 this section must be approved by the Governor. Inspections
567 conducted under an agreement are shall be deemed sufficient for
568 enforcement purposes pursuant to the agreement or as otherwise
569 provided by law.
570 (2) No later than 60 days prior to the beginning of the
571 regular session, the Governor shall make an annual report to the
572 President of the Senate and the Speaker of the House of
573 Representatives regarding interagency agreements. The report
574 shall identify each interagency agreement entered into under
575 this section, and, for each agreement, shall describe the
576 duplication eliminated, provide data that measures the
577 effectiveness of inspections conducted under the interagency
578 agreement, and estimate the cost savings that have resulted from
579 the agreement. The report shall also describe obstacles
580 encountered by any department in attempting to develop an
581 interagency agreement and in performing duties resulting from an
582 interagency agreement and shall recommend appropriate remedial
583 legislative action.
584 Section 33. Paragraphs (e), (f), and (g) of subsection (4)
585 of section 20.316, Florida Statutes, are repealed.
586 Section 34. Paragraph (h) of subsection (2) of section
587 39.4086, Florida Statutes, is amended to read:
588 39.4086 Pilot program for attorneys ad litem for dependent
589 children.—
590 (2) RESPONSIBILITIES.—
591 (h) The Office of the State Courts Administrator shall
592 conduct research and gather statistical information to evaluate
593 the establishment, operation, and impact of the pilot program in
594 meeting the legal needs of dependent children. In assessing the
595 effects of the pilot program, including achievement of outcomes
596 identified under paragraph (b), the evaluation must include a
597 comparison of children within the Ninth Judicial Circuit who are
598 appointed an attorney ad litem with those who are not. The
599 office shall submit a report to the Legislature and the Governor
600 by October 1, 2001, and by October 1, 2002, regarding its
601 findings. The office shall submit a final report by October 1,
602 2003, which must include an evaluation of the pilot program;
603 findings on the feasibility of a statewide program; and
604 recommendations, if any, for locating, establishing, and
605 operating a statewide program.
606 Section 35. Subsections (1) and (3) of section 98.255,
607 Florida Statutes, are amended to read:
608 98.255 Voter education programs.—
609 (1) By March 1, 2002, The Department of State shall adopt
610 rules prescribing minimum standards for nonpartisan voter
611 education. In developing the rules, the department shall review
612 current voter education programs within each county of the
613 state. The standards shall, at a minimum, address, but are not
614 limited to, the following subjects:
615 (a) Voter registration;
616 (b) Balloting procedures, absentee and polling place;
617 (c) Voter rights and responsibilities;
618 (d) Distribution of sample ballots; and
619 (e) Public service announcements.
620 (3)(a) By December 15 of each general election year, each
621 supervisor of elections shall report to the Department of State
622 a detailed description of the voter education programs
623 implemented and any other information that may be useful in
624 evaluating the effectiveness of voter education efforts.
625 (b) The Department of State, upon receipt of such
626 information, shall prepare a public report on the effectiveness
627 of voter education programs and shall submit the report to the
628 Governor, the President of the Senate, and the Speaker of the
629 House of Representatives by January 31 of each year following a
630 general election.
631 (c) The department of State shall reexamine the rules
632 adopted pursuant to subsection (1) and use consider the findings
633 in these reports the report as a basis for modifying the
634 adopting modified rules to that incorporate successful voter
635 education programs and techniques, as necessary.
636 Section 36. Paragraph (a) of subsection (7) of section
637 110.1227, Florida Statutes, is amended to read:
638 110.1227 Florida Employee Long-Term-Care Plan Act.—
639 (7) The board of directors of the Florida Long-Term-Care
640 Plan shall:
641 (a) Upon implementation, prepare an annual report of the
642 plan, with the assistance of an actuarial consultant, to be
643 submitted to the Speaker of the House of Representatives, the
644 President of the Senate, the Governor, and the Legislature the
645 Minority Leaders of the Senate and the House of Representatives.
646 Section 37. Subsection (9) of section 120.542, Florida
647 Statutes, is amended to read:
648 120.542 Variances and waivers.—
649 (9) Each agency shall maintain a record of the type and
650 disposition of each petition, including temporary or emergency
651 variances and waivers, filed pursuant to this section. On
652 October 1 of each year, each agency shall file a report with the
653 Governor, the President of the Senate, and the Speaker of the
654 House of Representatives listing the number of petitions filed
655 requesting variances to each agency rule, the number of
656 petitions filed requesting waivers to each agency rule, and the
657 disposition of all petitions. Temporary or emergency variances
658 and waivers, and the reasons for granting or denying temporary
659 or emergency variances and waivers, shall be identified
660 separately from other waivers and variances.
661 Section 38. Section 153.952, Florida Statutes, is repealed.
662 Section 39. Subsections (3) through (22) of section
663 161.053, Florida Statutes, are amended to read:
664 161.053 Coastal construction and excavation; regulation on
665 county basis.—
666 (3) It is the intent of the Legislature that any coastal
667 construction control line that has not been updated since June
668 30, 1980, shall be considered a critical priority for
669 reestablishment by the department. In keeping with this intent,
670 the department shall notify the Legislature if all such lines
671 cannot be reestablished by December 31, 1997, so that the
672 Legislature may subsequently consider interim lines of
673 jurisdiction for the remaining counties.
674 (3)(4) A Any coastal county or coastal municipality may
675 establish coastal construction zoning and building codes in lieu
676 of the provisions of this section if, provided such zones and
677 codes are approved by the department as being adequate to
678 preserve and protect the beaches and coastal barrier dunes
679 adjacent to such beaches, which are under the jurisdiction of
680 the department, from imprudent construction that will jeopardize
681 the stability of the beach-dune system, accelerate erosion,
682 provide inadequate protection to upland structures, endanger
683 adjacent properties, or interfere with public beach access.
684 Exceptions to locally established coastal construction zoning
685 and building codes may shall not be granted unless previously
686 approved by the department. It is The intent of this subsection
687 is to provide for the local administration of established
688 coastal construction control lines through approved zoning and
689 building codes if where desired by local interests and where
690 such local interests have, in the judgment of the department,
691 sufficient funds and personnel to adequately administer the
692 program. Should the department determine at any time that the
693 program is inadequately administered, the department may shall
694 have authority to revoke the authority granted to the county or
695 municipality.
696 (4)(5) Except in those areas where local zoning and
697 building codes have been established pursuant to subsection (3)
698 (4), a permit to alter, excavate, or construct on property
699 seaward of established coastal construction control lines may be
700 granted by the department as follows:
701 (a) The department may authorize an excavation or erection
702 of a structure at any coastal location as described in
703 subsection (1) upon receipt of an application from a property or
704 and/or riparian owner and upon the consideration of facts and
705 circumstances, including:
706 1. Adequate engineering data concerning shoreline stability
707 and storm tides related to shoreline topography;
708 2. Design features of the proposed structures or
709 activities; and
710 3. Potential effects impacts of the location of the such
711 structures or activities, including potential cumulative effects
712 of any proposed structures or activities upon the such beach
713 dune system, which, in the opinion of the department, clearly
714 justify such a permit.
715 (b) If in the immediate contiguous or adjacent area a
716 number of existing structures have established a reasonably
717 continuous and uniform construction line closer to the line of
718 mean high water than the foregoing, and if the existing
719 structures have not been unduly affected by erosion, a proposed
720 structure may, at the discretion of the department, be permitted
721 along such line on written authorization from the department if
722 the such structure is also approved by the department. However,
723 the department may shall not contravene setback requirements or
724 zoning or building codes established by a county or municipality
725 which are equal to, or more strict than, the those requirements
726 provided in this subsection herein. This paragraph does not
727 prohibit the department from requiring structures to meet design
728 and siting criteria established in paragraph (a) or in
729 subsection (1) or subsection (2).
730 (c) The department may condition the nature, timing, and
731 sequence of construction of permitted activities to provide
732 protection to nesting sea turtles and hatchlings and their
733 habitat, pursuant to s. 379.2431, and to native salt-resistant
734 vegetation and endangered plant communities.
735 (d) The department may require such engineer certifications
736 as necessary to ensure assure the adequacy of the design and
737 construction of permitted projects.
738 (e) The department shall limit the construction of
739 structures that which interfere with public access along the
740 beach. However, the department may require, as a condition of to
741 granting permits, the provision of alternative access if when
742 interference with public access along the beach is unavoidable.
743 The width of the such alternate access may not be required to
744 exceed the width of the access that will be obstructed as a
745 result of the permit being granted.
746 (f) The department may, as a condition of to the granting
747 of a permit under this section, require mitigation, financial,
748 or other assurances acceptable to the department as may be
749 necessary to ensure assure performance of conditions of a permit
750 or enter into contractual agreements to best assure compliance
751 with any permit conditions. The department may also require
752 notice of the permit conditions required and the contractual
753 agreements entered into pursuant to the provisions of this
754 subsection to be filed in the public records of the county in
755 which the permitted activity is located.
756 (5)(6)(a) As used in this subsection, the term:
757 1. “Frontal dune” means the first natural or manmade mound
758 or bluff of sand which is located landward of the beach and
759 which has sufficient vegetation, height, continuity, and
760 configuration to offer protective value.
761 2. “Seasonal high-water line” means the line formed by the
762 intersection of the rising shore and the elevation of 150
763 percent of the local mean tidal range above local mean high
764 water.
765 (b) After October 1, 1985, and notwithstanding any other
766 provision of this part, the department, or a local government to
767 which the department has delegated permitting authority pursuant
768 to subsections (3) (4) and (15) (16), may shall not issue a any
769 permit for any structure, other than a coastal or shore
770 protection structure, minor structure, or pier, meeting the
771 requirements of this part, or other than intake and discharge
772 structures for a facility sited pursuant to part II of chapter
773 403, which is proposed for a location that which, based on the
774 department’s projections of erosion in the area, will be seaward
775 of the seasonal high-water line within 30 years after the date
776 of application for the such permit. The procedures for
777 determining such erosion shall be established by rule. In
778 determining the area that which will be seaward of the seasonal
779 high-water line in 30 years, the department may shall not
780 include any areas landward of a coastal construction control
781 line.
782 (c) If Where the application of paragraph (b) would
783 preclude the construction of a structure, the department may
784 issue a permit for a single-family dwelling for the parcel if so
785 long as:
786 1. The parcel for which the single-family dwelling is
787 proposed was platted or subdivided by metes and bounds before
788 the effective date of this section;
789 2. The owner of the parcel for which the single-family
790 dwelling is proposed does not own another parcel immediately
791 adjacent to and landward of the parcel for which the dwelling is
792 proposed;
793 3. The proposed single-family dwelling is located landward
794 of the frontal dune structure; and
795 4. The proposed single-family dwelling will be as far
796 landward on its parcel as is practicable without being located
797 seaward of or on the frontal dune.
798 (d) In determining the land areas that which will be below
799 the seasonal high-water line within 30 years after the permit
800 application date, the department shall consider the effect
801 impact on the erosion rates of an existing beach nourishment or
802 restoration project or of a beach nourishment or restoration
803 project for which all funding arrangements have been made and
804 all permits have been issued at the time the application is
805 submitted. The department shall consider each year there is sand
806 seaward of the erosion control line whether that no erosion took
807 place that year. However, the seaward extent of the beach
808 nourishment or restoration project beyond the erosion control
809 line may shall not be considered in determining the applicable
810 erosion rates. Nothing in This subsection does not shall
811 prohibit the department from requiring structures to meet the
812 criteria established in subsection (1), subsection (2), or
813 subsection (4) (5) or to be further landward than required by
814 this subsection based on the criteria established in subsection
815 (1), subsection (2), or subsection (4) (5).
816 (e) The department shall annually report to the Legislature
817 the status of this program, including any changes to the
818 previously adopted procedures for determining erosion
819 projections.
820 (6)(7) Any coastal structure erected, or excavation
821 created, in violation of the provisions of this section is
822 hereby declared to be a public nuisance; and such structure
823 shall be forthwith removed or such excavation shall be forthwith
824 refilled after written notice by the department directing such
825 removal or filling. If In the event the structure is not removed
826 or the excavation refilled within a reasonable time as directed,
827 the department may remove such structure or fill such excavation
828 at its own expense; and the costs thereof shall become a lien on
829 upon the property of the upland owner upon which the such
830 unauthorized structure or excavation is located.
831 (7)(8) Any person, firm, corporation, or agent thereof who
832 violates this section commits is guilty of a misdemeanor of the
833 first degree, punishable as provided in s. 775.082 or s.
834 775.083,; except that a person driving a any vehicle on, over,
835 or across a any sand dune and damaging or causing to be damaged
836 such sand dune or the vegetation growing thereon in violation of
837 this section commits is guilty of a misdemeanor of the second
838 degree, punishable as provided in s. 775.082 or s. 775.083. A
839 person, firm, corporation, or agent thereof commits shall be
840 deemed guilty of a separate offense for each day during any
841 portion of which a any violation of this section is committed or
842 continued.
843 (8)(9) The provisions of This section does do not apply to
844 structures intended for shore protection purposes which are
845 regulated by s. 161.041 or to structures existing or under
846 construction before prior to the establishment of the coastal
847 construction control line if the as provided herein, provided
848 such structures are may not be materially altered except as
849 provided in subsection (4) (5). Except for structures that have
850 been materially altered, structures determined to be under
851 construction at the time of the establishment or reestablishment
852 of the coastal construction control line are shall be exempt
853 from the provisions of this section. However, unless such an
854 exemption has been judicially confirmed to exist before prior to
855 April 10, 1992, the exemption shall last only for a period of 3
856 years from either the date of the determination of the exemption
857 or April 10, 1992, whichever occurs later. The department may
858 extend the exemption period for structures that require longer
859 periods for completion if of their construction, provided that
860 construction during the initial exemption period is has been
861 continuous. For purposes of this subsection, the term
862 “continuous” means following a reasonable sequence of
863 construction without significant or unreasonable periods of work
864 stoppage.
865 (9)(10) The department may by regulation exempt
866 specifically described portions of the coastline from the
867 provisions of this section if, when in its judgment, such
868 portions of coastline because of their nature are not subject to
869 erosion of a substantially damaging effect to the public.
870 (10)(11) Pending the establishment of coastal construction
871 control lines as provided herein, the provisions of s. 161.052
872 shall remain in force. However, upon the establishment of
873 coastal construction control lines, or the establishment of
874 coastal construction zoning and building codes as provided in
875 subsection (3) (4), the provisions of s. 161.052 shall be
876 superseded by the provisions of this section.
877 (11)(12)(a) The coastal construction control requirements
878 defined in subsection (1) and the requirements of the erosion
879 projections in pursuant to subsection (5) (6) do not apply to
880 any modification, maintenance, or repair of to any existing
881 structure within the limits of the existing foundation which
882 does not require, involve, or include any additions to, or
883 repair or modification of, the existing foundation of that
884 structure. Specifically excluded from this exemption are
885 seawalls or other rigid coastal or shore protection structures
886 and any additions or enclosures added, constructed, or installed
887 below the first dwelling floor or lowest deck of the existing
888 structure.
889 (b) Activities seaward of the coastal construction control
890 line which are determined by the department not to cause a
891 measurable interference with the natural functioning of the
892 coastal system are exempt from the requirements of in subsection
893 (4) (5).
894 (c) The department may establish exemptions from the
895 requirements of this section for minor activities determined by
896 the department not to have an adverse effect impacts on the
897 coastal system. Examples of such activities include, but are not
898 limited to:
899 1. Boat moorings;
900 2. Maintenance of existing beach-dune beach/dune
901 vegetation;
902 3. The burial of seaweed, dead fish, whales, or other
903 marine animals on the unvegetated beach;
904 4. The removal of piers or other derelict structures from
905 the unvegetated beach or seaward of mean high water;
906 5. Temporary emergency vehicular access, if the affected
907 provided any impacted area is immediately restored;
908 6. The removal of any existing structures or debris from
909 the upland, if provided there is no excavation or disturbance to
910 the existing topography or to beach-dune beach/dune vegetation;
911 7. Construction of a any new roof overhang extending no
912 more than 4 feet beyond the confines of the existing foundation
913 during modification, renovation, or reconstruction of a
914 habitable structure within the confines of the existing
915 foundation of that structure which does not include any
916 additions to or modification of the existing foundation of that
917 structure;
918 8. Minor and temporary excavation for the purpose of
919 repairs to existing subgrade residential service utilities
920 (e.g., water and sewer lines, septic tanks and drainfields,
921 electrical and telephone cables, and gas lines), if provided
922 that there is minimal disturbance and the that grade is restored
923 with fill compatible in both coloration and grain size to the
924 onsite material and any damaged or destroyed vegetation is
925 restored using similar vegetation; and
926 9. Any other minor construction that has an effect with
927 impacts similar to the above activities.
928 (12)(13)(a) Notwithstanding the coastal construction
929 control requirements defined in subsection (1) or the erosion
930 projection determined pursuant to subsection (5) (6), the
931 department may, at its discretion, issue a permit for the repair
932 or rebuilding within the confines of the original foundation of
933 a major structure pursuant to the provisions of subsection (4)
934 (5). Alternatively, the department may also, at its discretion,
935 issue a permit for a more landward relocation or rebuilding of a
936 damaged or existing structure if such relocation or rebuilding
937 would not cause further harm to the beach-dune system, and if,
938 in the case of rebuilding, the such rebuilding complies with the
939 provisions of subsection (4) (5), and otherwise complies with
940 the provisions of this subsection.
941 (b) Under no circumstances shall The department may not
942 permit such repairs or rebuilding that expands expand the
943 capacity of the original structure seaward of the 30-year
944 erosion projection established pursuant to subsection (5) (6).
945 (c) In reviewing applications for relocation or rebuilding,
946 the department shall specifically consider changes in shoreline
947 conditions, the availability of other relocation or rebuilding
948 options, and the design adequacy of the project sought to be
949 rebuilt.
950 (d) Permits issued under this subsection are shall not be
951 considered precedential as to the issuance of subsequent
952 permits.
953 (13)(14) Concurrent with the establishment of a coastal
954 construction control line and the ongoing administration of this
955 chapter, the secretary of the department shall make
956 recommendations to the Board of Trustees of the Internal
957 Improvement Trust Fund concerning the purchase of the fee or any
958 lesser interest in any lands seaward of the control line
959 pursuant to the state’s Save Our Coast, Conservation and
960 Recreation Lands, or Outdoor Recreation Land acquisition
961 programs; and, with respect to those control lines established
962 pursuant to this section before prior to June 14, 1978, the
963 secretary may make such recommendations.
964 (14)(15) A coastal county or municipality fronting on the
965 Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
966 shall advise the department within 5 days after receipt of any
967 permit application for construction or other activities proposed
968 to be located seaward of the line established by the department
969 pursuant to the provisions of this section. Within 5 days after
970 receipt of such application, the county or municipality shall
971 notify the applicant of the requirements for state permits.
972 (15)(16) In keeping with the intent of subsection (3) (4),
973 and at the discretion of the department, authority for
974 permitting certain types of activities that which have been
975 defined by the department may be delegated by the department to
976 a coastal county or coastal municipality. Such partial
977 delegation shall be narrowly construed to those particular
978 activities specifically named in the delegation and agreed to by
979 the affected county or municipality., and The delegation may be
980 revoked by the department at any time if it is determined that
981 the delegation is improperly or inadequately administered.
982 (16)(17) The department may, at the request of a property
983 owner, contract with the such property owner for an agreement,
984 or modify an existing contractual agreement regulating
985 development activities landward of a coastal construction
986 control line, if provided that nothing within the contractual
987 agreement is consistent shall be inconsistent with the design
988 and siting provisions of this section. In no case shall The
989 contractual agreement may not bind either party for a period
990 longer than 5 years following from its date of execution. Before
991 Prior to beginning a any construction activity covered by the
992 agreement, the property owner must shall obtain the necessary
993 authorization required by the agreement. The agreement may shall
994 not authorize construction for:
995 (a) Major habitable structures that which would require
996 construction beyond the expiration of the agreement, unless such
997 construction is above the completed foundation; or
998 (b) Nonhabitable major structures or minor structures,
999 unless such construction is was authorized at the same time as
1000 the habitable major structure.
1001 (17)(18) The department may is authorized to grant areawide
1002 permits to local governments, other governmental agencies, and
1003 utility companies for special classes of activities in areas
1004 under their general jurisdiction or responsibility if, so long
1005 as these activities, due to the type, size, or temporary nature
1006 of the activity, will not cause measurable interference with the
1007 natural functioning of the beach-dune beach dune system or with
1008 marine turtles or their nesting sites. Such activities shall
1009 include, but are not be limited to: road repairs, not including
1010 new construction; utility repairs and replacements, or other
1011 minor activities necessary to provide utility services; beach
1012 cleaning; and emergency response. The department may adopt rules
1013 to establish criteria and guidelines for use by permit
1014 applicants. The department must shall require notice provisions
1015 appropriate to the type and nature of the activities for which
1016 the areawide permits are sought.
1017 (18)(19) The department may is authorized to grant general
1018 permits for projects, including dune walkovers, decks, fences,
1019 landscaping, sidewalks, driveways, pool resurfacing, minor pool
1020 repairs, and other nonhabitable structures, if the so long as
1021 these projects, due to the type, size, or temporary nature of
1022 the project, will not cause a measurable interference with the
1023 natural functioning of the beach-dune beach dune system or with
1024 marine turtles or their nesting sites. In no event shall
1025 Multifamily habitable structures do not qualify for general
1026 permits. However, single-family habitable structures that which
1027 do not advance the line of existing construction and satisfy all
1028 siting and design requirements of this section may be eligible
1029 for a general permit pursuant to this subsection. The department
1030 may adopt rules to establish criteria and guidelines for use by
1031 permit applicants.
1032 (a) Persons wishing to use the general permits must set
1033 forth in this subsection shall, at least 30 days before
1034 beginning any work, notify the department in writing on forms
1035 adopted by the department. The notice must shall include a
1036 description of the proposed project and supporting documents
1037 depicting the proposed project, its location, and other
1038 pertinent information as required by rule, to demonstrate that
1039 the proposed project qualifies for the requested general permit.
1040 Persons who undertake projects without proof of notice to the
1041 department, but whose projects would otherwise qualify for
1042 general permits, shall be considered to have as being undertaken
1043 a project without a permit and are shall be subject to
1044 enforcement pursuant to s. 161.121.
1045 (b) Persons wishing to use a general permit must provide
1046 notice as required by the applicable local building code where
1047 the project will be located. If a building code requires no
1048 notice, any person wishing to use a general permit must, at a
1049 minimum, post a sign describing the project on the property at
1050 least 5 days before commencing prior to the commencement of
1051 construction. The a sign must be at least no smaller than 88
1052 square inches, with letters no smaller than one-quarter inch,
1053 describing the project.
1054 (19)(20)(a) The department may suspend or revoke the use of
1055 a general or areawide permit for good cause, including:
1056 submission of false or inaccurate information in the
1057 notification for use of a general or areawide permit; violation
1058 of law, department orders, or rules relating to permit
1059 conditions; deviation from the specified activity or project
1060 indicated or the conditions for undertaking the activity or
1061 project; refusal of lawful inspection; or any other act by on
1062 the permittee permittee’s part in using the general or areawide
1063 permit which results or may result in harm or injury to human
1064 health or welfare, or which causes harm or injury to animal,
1065 plant, or aquatic life or to property.
1066 (b) The department shall have access to the permitted
1067 activity or project at reasonable times to inspect and determine
1068 compliance with the permit and department rules.
1069 (20)(21) The department may is authorized to adopt rules
1070 related to the following provisions of this section:
1071 establishment of coastal construction control lines; activities
1072 seaward of the coastal construction control line; exemptions;
1073 property owner agreements; delegation of the program; permitting
1074 programs; and violations and penalties.
1075 (21)(22) In accordance with ss. 553.73 and 553.79, and upon
1076 the effective date of the Florida Building Code, the provisions
1077 of this section which pertain to and govern the design,
1078 construction, erection, alteration, modification, repair, and
1079 demolition of public and private buildings, structures, and
1080 facilities shall be incorporated into the Florida Building Code.
1081 The Florida Building Commission may shall have the authority to
1082 adopt rules pursuant to ss. 120.536 and 120.54 in order to
1083 administer implement those provisions. This subsection does not
1084 limit or abrogate the right and authority of the department to
1085 require permits or to adopt and enforce environmental standards,
1086 including, but not limited to, standards for ensuring the
1087 protection of the beach-dune system, proposed or existing
1088 structures, adjacent properties, marine turtles, native salt
1089 resistant vegetation, endangered plant communities, and the
1090 preservation of public beach access.
1091 Section 40. Subsection (2) of section 161.161, Florida
1092 Statutes, is amended to read:
1093 161.161 Procedure for approval of projects.—
1094 (2) Annually Upon approval of the beach management plan,
1095 the secretary shall present to the Legislature President of the
1096 Senate, the Speaker of the House of Representatives, and the
1097 chairs of the legislative appropriations committees
1098 recommendations for funding of beach erosion control projects
1099 prioritized according to the. Such recommendations shall be
1100 presented to such members of the Legislature in the priority
1101 order specified in the plan and established pursuant to criteria
1102 established contained in s. 161.101(14).
1103 Section 41. Section 163.2526, Florida Statutes, is
1104 repealed.
1105 Section 42. Subsection (2) of section 163.3167, Florida
1106 Statutes, is amended to read:
1107 163.3167 Scope of act.—
1108 (2) Each local government shall prepare a comprehensive
1109 plan of the type and in the manner set out in this part act or
1110 shall prepare amendments to its existing comprehensive plan to
1111 conform it to the requirements of this part and in the manner
1112 set out in this part. Each local government, In accordance with
1113 the procedures in s. 163.3184, each local government shall
1114 submit to the state land planning agency its complete proposed
1115 comprehensive plan or its complete comprehensive plan as
1116 proposed to be amended to the state land planning agency by the
1117 date specified in the rule adopted by the state land planning
1118 agency pursuant to this subsection. The state land planning
1119 agency shall, prior to October 1, 1987, adopt a schedule of
1120 local governments required to submit complete proposed
1121 comprehensive plans or comprehensive plans as proposed to be
1122 amended. Such schedule shall specify the exact date of
1123 submission for each local government, shall establish equal,
1124 staggered submission dates, and shall be consistent with the
1125 following time periods:
1126 (a) Beginning on July 1, 1988, and on or before July 1,
1127 1990, each county that is required to include a coastal
1128 management element in its comprehensive plan and each
1129 municipality in such a county; and
1130 (b) Beginning on July 1, 1989, and on or before July 1,
1131 1991, all other counties or municipalities.
1132
1133 Nothing herein shall preclude the state land planning agency
1134 from permitting by rule a county together with each municipality
1135 in the county from submitting a proposed comprehensive plan
1136 earlier than the dates established in paragraphs (a) and (b).
1137 Any county or municipality that fails to meet the schedule set
1138 for submission of its proposed comprehensive plan by more than
1139 90 days shall be subject to the sanctions described in s.
1140 163.3184(11)(a) imposed by the Administration Commission.
1141 Notwithstanding the time periods established in this subsection,
1142 the state land planning agency may establish later deadlines for
1143 the submission of proposed comprehensive plans or comprehensive
1144 plans as proposed to be amended for a county or municipality
1145 which has all or a part of a designated area of critical state
1146 concern within its boundaries; however, such deadlines shall not
1147 be extended to a date later than July 1, 1991, or the time of
1148 de-designation, whichever is earlier.
1149 Section 43. Paragraph (h) of subsection (6) and paragraph
1150 (k) of subsection (10) of section 163.3177, Florida Statutes,
1151 are amended to read:
1152 163.3177 Required and optional elements of comprehensive
1153 plan; studies and surveys.—
1154 (6) In addition to the requirements of subsections (1)-(5)
1155 and (12), the comprehensive plan shall include the following
1156 elements:
1157 (h)1. An intergovernmental coordination element showing
1158 relationships and stating principles and guidelines to be used
1159 in coordinating the accomplishment of coordination of the
1160 adopted comprehensive plan with the plans of school boards,
1161 regional water supply authorities, and other units of local
1162 government providing services but not having regulatory
1163 authority over the use of land, with the comprehensive plans of
1164 adjacent municipalities, the county, adjacent counties, or the
1165 region, with the state comprehensive plan and with the
1166 applicable regional water supply plan approved pursuant to s.
1167 373.0361, as the case may require and as such adopted plans or
1168 plans in preparation may exist. This element of the local
1169 comprehensive plan must shall demonstrate consideration of the
1170 particular effects of the local plan, when adopted, upon the
1171 development of adjacent municipalities, the county, adjacent
1172 counties, or the region, or upon the state comprehensive plan,
1173 as the case may require.
1174 a. The intergovernmental coordination element must shall
1175 provide procedures for identifying and implementing to identify
1176 and implement joint planning areas, especially for the purpose
1177 of annexation, municipal incorporation, and joint infrastructure
1178 service areas.
1179 b. The intergovernmental coordination element must shall
1180 provide for recognition of campus master plans prepared pursuant
1181 to s. 1013.30 and airport master plans under paragraph (k).
1182 c. The intergovernmental coordination element shall provide
1183 for a dispute resolution process, as established pursuant to s.
1184 186.509, for bringing to closure in a timely manner
1185 intergovernmental disputes to closure in a timely manner.
1186 d. The intergovernmental coordination element shall provide
1187 for interlocal agreements as established pursuant to s.
1188 333.03(1)(b).
1189 2. The intergovernmental coordination element shall also
1190 further state principles and guidelines to be used in
1191 coordinating the accomplishment of coordination of the adopted
1192 comprehensive plan with the plans of school boards and other
1193 units of local government providing facilities and services but
1194 not having regulatory authority over the use of land. In
1195 addition, the intergovernmental coordination element must shall
1196 describe joint processes for collaborative planning and
1197 decisionmaking on population projections and public school
1198 siting, the location and extension of public facilities subject
1199 to concurrency, and siting facilities with countywide
1200 significance, including locally unwanted land uses whose nature
1201 and identity are established in an agreement. Within 1 year
1202 after of adopting their intergovernmental coordination elements,
1203 each county, all the municipalities within that county, the
1204 district school board, and any unit of local government service
1205 providers in that county shall establish by interlocal or other
1206 formal agreement executed by all affected entities, the joint
1207 processes described in this subparagraph consistent with their
1208 adopted intergovernmental coordination elements.
1209 3. To foster coordination between special districts and
1210 local general-purpose governments as local general-purpose
1211 governments implement local comprehensive plans, each
1212 independent special district must submit a public facilities
1213 report to the appropriate local government as required by s.
1214 189.415.
1215 4.a. Local governments shall execute an interlocal
1216 agreement with the district school board, the county, and
1217 nonexempt municipalities pursuant to s. 163.31777. The local
1218 government shall amend the intergovernmental coordination
1219 element to ensure provide that coordination between the local
1220 government and school board is pursuant to the agreement and
1221 shall state the obligations of the local government under the
1222 agreement.
1223 b. Plan amendments that comply with this subparagraph are
1224 exempt from the provisions of s. 163.3187(1).
1225 5. The state land planning agency shall establish a
1226 schedule for phased completion and transmittal of plan
1227 amendments to implement subparagraphs 1., 2., and 3. from all
1228 jurisdictions so as to accomplish their adoption by December 31,
1229 1999. A local government may complete and transmit its plan
1230 amendments to carry out these provisions prior to the scheduled
1231 date established by the state land planning agency. The plan
1232 amendments are exempt from the provisions of s. 163.3187(1).
1233 5.6. By January 1, 2004, any county having a population
1234 greater than 100,000, and the municipalities and special
1235 districts within that county, shall submit a report to the
1236 Department of Community Affairs which identifies:
1237 a. Identifies All existing or proposed interlocal service
1238 delivery agreements relating to regarding the following:
1239 education; sanitary sewer; public safety; solid waste; drainage;
1240 potable water; parks and recreation; and transportation
1241 facilities.
1242 b. Identifies Any deficits or duplication in the provision
1243 of services within its jurisdiction, whether capital or
1244 operational. Upon request, the Department of Community Affairs
1245 shall provide technical assistance to the local governments in
1246 identifying deficits or duplication.
1247 6.7. Within 6 months after submission of the report, the
1248 Department of Community Affairs shall, through the appropriate
1249 regional planning council, coordinate a meeting of all local
1250 governments within the regional planning area to discuss the
1251 reports and potential strategies to remedy any identified
1252 deficiencies or duplications.
1253 7.8. Each local government shall update its
1254 intergovernmental coordination element based upon the findings
1255 in the report submitted pursuant to subparagraph 5. 6. The
1256 report may be used as supporting data and analysis for the
1257 intergovernmental coordination element.
1258 (10) The Legislature recognizes the importance and
1259 significance of chapter 9J-5, Florida Administrative Code, the
1260 Minimum Criteria for Review of Local Government Comprehensive
1261 Plans and Determination of Compliance of the Department of
1262 Community Affairs that will be used to determine compliance of
1263 local comprehensive plans. The Legislature reserved unto itself
1264 the right to review chapter 9J-5, Florida Administrative Code,
1265 and to reject, modify, or take no action relative to this rule.
1266 Therefore, pursuant to subsection (9), the Legislature hereby
1267 has reviewed chapter 9J-5, Florida Administrative Code, and
1268 expresses the following legislative intent:
1269 (k) In order for So that local governments are able to
1270 prepare and adopt comprehensive plans with knowledge of the
1271 rules that are will be applied to determine consistency of the
1272 plans with provisions of this part, it is the intent of the
1273 Legislature that there should be no doubt as to the legal
1274 standing of chapter 9J-5, Florida Administrative Code, at the
1275 close of the 1986 legislative session. Therefore, the
1276 Legislature declares that changes made to chapter 9J-5 before,
1277 Florida Administrative Code, prior to October 1, 1986, are shall
1278 not be subject to rule challenges under s. 120.56(2), or to
1279 drawout proceedings under s. 120.54(3)(c)2. The entire chapter
1280 9J-5, Florida Administrative Code, as amended, is shall be
1281 subject to rule challenges under s. 120.56(3), as nothing herein
1282 indicates shall be construed to indicate approval or disapproval
1283 of any portion of chapter 9J-5, Florida Administrative Code, not
1284 specifically addressed herein. No challenge pursuant to s.
1285 120.56(3) may be filed from July 1, 1987, through April 1, 1993.
1286 Any amendments to chapter 9J-5, Florida Administrative Code,
1287 exclusive of the amendments adopted prior to October 1, 1986,
1288 pursuant to this act, shall be subject to the full chapter 120
1289 process. All amendments shall have effective dates as provided
1290 in chapter 120 and submission to the President of the Senate and
1291 Speaker of the House of Representatives shall not be required.
1292 Section 44. Subsection (6) of section 163.3178, Florida
1293 Statutes, is amended to read:
1294 163.3178 Coastal management.—
1295 (6) Local governments are encouraged to adopt countywide
1296 marina siting plans to designate sites for existing and future
1297 marinas. The Coastal Resources Interagency Management Committee,
1298 at the direction of the Legislature, shall identify incentives
1299 to encourage local governments to adopt such siting plans and
1300 uniform criteria and standards to be used by local governments
1301 to implement state goals, objectives, and policies relating to
1302 marina siting. These criteria must ensure that priority is given
1303 to water-dependent land uses. The Coastal Resources Interagency
1304 Management Committee shall submit its recommendations regarding
1305 local government incentives to the Legislature by December 1,
1306 1993. Countywide marina siting plans must be consistent with
1307 state and regional environmental planning policies and
1308 standards. Each local government in the coastal area which
1309 participates in the adoption of a countywide marina siting plan
1310 shall incorporate the plan into the coastal management element
1311 of its local comprehensive plan.
1312 Section 45. Subsection (12) of section 163.519, Florida
1313 Statutes, is repealed.
1314 Section 46. Subsection (9) of section 186.007, Florida
1315 Statutes, is repealed.
1316 Section 47. Subsection (5) of section 189.4035, Florida
1317 Statutes, is amended to read:
1318 189.4035 Preparation of official list of special
1319 districts.—
1320 (5) The official list of special districts shall be
1321 available on the department’s website distributed by the
1322 department on October 1 of each year to the President of the
1323 Senate, the Speaker of the House of Representatives, the Auditor
1324 General, the Department of Revenue, the Department of Financial
1325 Services, the Department of Management Services, the State Board
1326 of Administration, counties, municipalities, county property
1327 appraisers, tax collectors, and supervisors of elections and to
1328 all interested parties who request the list.
1329 Section 48. Subsection (2) of section 189.412, Florida
1330 Statutes, is amended to read:
1331 189.412 Special District Information Program; duties and
1332 responsibilities.—The Special District Information Program of
1333 the Department of Community Affairs is created and has the
1334 following special duties:
1335 (2) The maintenance of a master list of independent and
1336 dependent special districts which shall be available on the
1337 department’s website annually updated and distributed to the
1338 appropriate officials in state and local governments.
1339 Section 49. Paragraph (b) of subsection (1) of section
1340 206.606, Florida Statutes, is amended to read:
1341 206.606 Distribution of certain proceeds.—
1342 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
1343 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
1344 Fund. Such moneys, after deducting the service charges imposed
1345 by s. 215.20, the refunds granted pursuant to s. 206.41, and the
1346 administrative costs incurred by the department in collecting,
1347 administering, enforcing, and distributing the tax, which
1348 administrative costs may not exceed 2 percent of collections,
1349 shall be distributed monthly to the State Transportation Trust
1350 Fund, except that:
1351 (b) Annually, $2.5 million shall be transferred to the
1352 State Game Trust Fund in the Fish and Wildlife Conservation
1353 Commission in each fiscal year and used for recreational boating
1354 activities, and freshwater fisheries management and research.
1355 The transfers must be made in equal monthly amounts beginning on
1356 July 1 of each fiscal year. The commission shall annually
1357 determine where unmet needs exist for boating-related
1358 activities, and may fund such activities in counties where, due
1359 to the number of vessel registrations, sufficient financial
1360 resources are unavailable.
1361 1. A minimum of $1.25 million shall be used to fund local
1362 projects to provide recreational channel marking and other
1363 uniform waterway markers, public boat ramps, lifts, and hoists,
1364 marine railways, and other public launching facilities, derelict
1365 vessel removal, and other local boating-related activities. In
1366 funding the projects, the commission shall give priority
1367 consideration to as follows:
1368 a. Unmet needs in counties having with populations of
1369 100,000 or fewer less.
1370 b. Unmet needs in coastal counties having with a high level
1371 of boating-related activities from individuals residing in other
1372 counties.
1373 2. The remaining $1.25 million may be used for recreational
1374 boating activities and freshwater fisheries management and
1375 research.
1376 3. The commission may is authorized to adopt rules pursuant
1377 to ss. 120.536(1) and 120.54 to administer implement a Florida
1378 Boating Improvement Program.
1379
1380 On February 1 of each year, The commission shall prepare and
1381 make available on its Internet website file an annual report
1382 with the President of the Senate and the Speaker of the House of
1383 Representatives outlining the status of its Florida Boating
1384 Improvement Program, including the projects funded, and a list
1385 of counties whose needs are unmet due to insufficient financial
1386 resources from vessel registration fees.
1387 Section 50. Paragraph (b) of subsection (4) of section
1388 212.054, Florida Statutes, is amended to read:
1389 212.054 Discretionary sales surtax; limitations,
1390 administration, and collection.—
1391 (4)
1392 (b) The proceeds of a discretionary sales surtax collected
1393 by the selling dealer located in a county imposing which imposes
1394 the surtax shall be returned, less the cost of administration,
1395 to the county where the selling dealer is located. The proceeds
1396 shall be transferred to the Discretionary Sales Surtax Clearing
1397 Trust Fund. A separate account shall be established in the such
1398 trust fund for each county imposing a discretionary surtax. The
1399 amount deducted for the costs of administration may shall not
1400 exceed 3 percent of the total revenue generated for all counties
1401 levying a surtax authorized in s. 212.055. The amount deducted
1402 for the costs of administration may shall be used only for those
1403 costs that which are solely and directly attributable to the
1404 surtax. The total cost of administration shall be prorated among
1405 those counties levying the surtax on the basis of the amount
1406 collected for a particular county to the total amount collected
1407 for all counties. No later than March 1 of each year, the
1408 department shall submit a written report which details the
1409 expenses and amounts deducted for the costs of administration to
1410 the President of the Senate, the Speaker of the House of
1411 Representatives, and the governing authority of each county
1412 levying a surtax. The department shall distribute the moneys in
1413 the trust fund each month to the appropriate counties each
1414 month, unless otherwise provided in s. 212.055.
1415 Section 51. Paragraph (j) of subsection (5) of section
1416 212.08, Florida Statutes, is amended to read:
1417 212.08 Sales, rental, use, consumption, distribution, and
1418 storage tax; specified exemptions.—The sale at retail, the
1419 rental, the use, the consumption, the distribution, and the
1420 storage to be used or consumed in this state of the following
1421 are hereby specifically exempt from the tax imposed by this
1422 chapter.
1423 (5) EXEMPTIONS; ACCOUNT OF USE.—
1424 (j) Machinery and equipment used in semiconductor, defense,
1425 or space technology production.—
1426 1.a. Industrial machinery and equipment used in
1427 semiconductor technology facilities certified under subparagraph
1428 5. to manufacture, process, compound, or produce semiconductor
1429 technology products for sale or for use by these facilities are
1430 exempt from the tax imposed by this chapter. For purposes of
1431 this paragraph, industrial machinery and equipment includes
1432 molds, dies, machine tooling, other appurtenances or accessories
1433 to machinery and equipment, testing equipment, test beds,
1434 computers, and software, whether purchased or self-fabricated,
1435 and, if self-fabricated, includes materials and labor for
1436 design, fabrication, and assembly.
1437 b. Industrial machinery and equipment used in defense or
1438 space technology facilities certified under subparagraph 5. to
1439 design, manufacture, assemble, process, compound, or produce
1440 defense technology products or space technology products for
1441 sale or for use by these facilities are exempt from the tax
1442 imposed by this chapter.
1443 2. Building materials purchased for use in manufacturing or
1444 expanding clean rooms in semiconductor-manufacturing facilities
1445 are exempt from the tax imposed by this chapter.
1446 3. In addition to meeting the criteria mandated by
1447 subparagraph 1. or subparagraph 2., a business must be certified
1448 by the Office of Tourism, Trade, and Economic Development as
1449 authorized in this paragraph in order to qualify for exemption
1450 under this paragraph.
1451 4. For items purchased tax-exempt pursuant to this
1452 paragraph, possession of a written certification from the
1453 purchaser, certifying the purchaser’s entitlement to the
1454 exemption pursuant to this paragraph, relieves the seller of the
1455 responsibility of collecting the tax on the sale of such items,
1456 and the department shall look solely to the purchaser for
1457 recovery of the tax if it determines that the purchaser was not
1458 entitled to the exemption.
1459 5.a. To be eligible to receive the exemption provided by
1460 subparagraph 1. or subparagraph 2., a qualifying business entity
1461 shall apply initially apply to Enterprise Florida, Inc. The
1462 original certification is shall be valid for a period of 2
1463 years. In lieu of submitting a new application, the original
1464 certification may be renewed biennially by submitting to the
1465 Office of Tourism, Trade, and Economic Development a statement,
1466 certified under oath, that there has been no material change in
1467 the conditions or circumstances entitling the business entity to
1468 the original certification. The initial application and the
1469 certification renewal statement shall be developed by the Office
1470 of Tourism, Trade, and Economic Development in consultation with
1471 Enterprise Florida, Inc.
1472 b. Enterprise Florida, Inc., shall review each submitted
1473 initial application and information and determine whether or not
1474 the application is complete within 5 working days. Once an
1475 application is complete, Enterprise Florida, Inc., shall, within
1476 10 working days, evaluate the application and recommend approval
1477 or disapproval of the application to the Office of Tourism,
1478 Trade, and Economic Development.
1479 c. Upon receipt of the initial application and
1480 recommendation from Enterprise Florida, Inc., or upon receipt of
1481 a certification renewal statement, the Office of Tourism, Trade,
1482 and Economic Development shall certify within 5 working days
1483 those applicants who are found to meet the requirements of this
1484 section and notify the applicant, Enterprise Florida, Inc., and
1485 the department of the original certification or certification
1486 renewal. If the Office of Tourism, Trade, and Economic
1487 Development finds that the applicant does not meet the
1488 requirements of this section, it shall notify the applicant and
1489 Enterprise Florida, Inc., within 10 working days that the
1490 application for certification has been denied and the reasons
1491 for denial. The Office of Tourism, Trade, and Economic
1492 Development has final approval authority for certification under
1493 this section.
1494 d. The initial application and certification renewal
1495 statement must indicate, for program evaluation purposes only,
1496 the average number of full-time equivalent employees at the
1497 facility over the preceding calendar year, the average wage and
1498 benefits paid to those employees over the preceding calendar
1499 year, the total investment made in real and tangible personal
1500 property over the preceding calendar year, and the total value
1501 of tax-exempt purchases and taxes exempted during the previous
1502 year. The department shall assist the Office of Tourism, Trade,
1503 and Economic Development in evaluating and verifying information
1504 provided in the application for exemption.
1505 e. The Office of Tourism, Trade, and Economic Development
1506 may use the information reported on the initial application and
1507 certification renewal statement for evaluation purposes only and
1508 shall prepare an annual report on the exemption program and its
1509 cost and impact. The annual report for the preceding fiscal year
1510 shall be submitted to the Governor, the President of the Senate,
1511 and the Speaker of the House of Representatives by September 30
1512 of each fiscal year.
1513 6. A business certified to receive this exemption may elect
1514 to designate one or more state universities or community
1515 colleges as recipients of up to 100 percent of the amount of the
1516 exemption for which they may qualify. To receive these funds,
1517 the institution must agree to match the funds so earned with
1518 equivalent cash, programs, services, or other in-kind support on
1519 a one-to-one basis for in the pursuit of research and
1520 development projects as requested by the certified business. The
1521 rights to any patents, royalties, or real or intellectual
1522 property must be vested in the business unless otherwise agreed
1523 to by the business and the university or community college.
1524 7. As used in this paragraph, the term:
1525 a. “Semiconductor technology products” means raw
1526 semiconductor wafers or semiconductor thin films that are
1527 transformed into semiconductor memory or logic wafers, including
1528 wafers containing mixed memory and logic circuits; related
1529 assembly and test operations; active-matrix flat panel displays;
1530 semiconductor chips; semiconductor lasers; optoelectronic
1531 elements; and related semiconductor technology products as
1532 determined by the Office of Tourism, Trade, and Economic
1533 Development.
1534 b. “Clean rooms” means manufacturing facilities enclosed in
1535 a manner that meets the clean manufacturing requirements
1536 necessary for high-technology semiconductor-manufacturing
1537 environments.
1538 c. “Defense technology products” means products that have a
1539 military application, including, but not limited to, weapons,
1540 weapons systems, guidance systems, surveillance systems,
1541 communications or information systems, munitions, aircraft,
1542 vessels, or boats, or components thereof, which are intended for
1543 military use and manufactured in performance of a contract with
1544 the United States Department of Defense or the military branch
1545 of a recognized foreign government or a subcontract thereunder
1546 which relates to matters of national defense.
1547 d. “Space technology products” means products that are
1548 specifically designed or manufactured for application in space
1549 activities, including, but not limited to, space launch
1550 vehicles, space flight vehicles, missiles, satellites or
1551 research payloads, avionics, and associated control systems and
1552 processing systems and components of any of the foregoing. The
1553 term does not include products that are designed or manufactured
1554 for general commercial aviation or other uses even though those
1555 products may also serve an incidental use in space applications.
1556 Section 52. Section 213.0452, Florida Statutes, is
1557 repealed.
1558 Section 53. Section 213.054, Florida Statutes, is repealed.
1559 Section 54. Subsection (3) of section 215.70, Florida
1560 Statutes, is amended to read:
1561 215.70 State Board of Administration to act in case of
1562 defaults.—
1563 (3) It shall be the duty of The State Board of
1564 Administration shall to monitor the debt service accounts for
1565 bonds issued pursuant to this act. The board shall advise the
1566 Governor and Legislature of any projected need to appropriate
1567 funds to honor the pledge of full faith and credit of the state.
1568 The report must shall include the estimated amount of
1569 appropriations needed, the estimated maximum amount of
1570 appropriations needed, and a contingency appropriation request
1571 for each bond issue.
1572 Section 55. Paragraph (z) of subsection (1) of section
1573 216.011, Florida Statutes, is amended to read:
1574 216.011 Definitions.—
1575 (1) For the purpose of fiscal affairs of the state,
1576 appropriations acts, legislative budgets, and approved budgets,
1577 each of the following terms has the meaning indicated:
1578 (z) “Long-range program plan” means a plan developed
1579 pursuant to s. 216.013 on an annual basis by each state agency
1580 that is policy based, priority driven, accountable, and
1581 developed through careful examination and justification of all
1582 programs and their associated costs. Each plan is developed by
1583 examining the needs of agency customers and clients and
1584 proposing programs and associated costs to address those needs
1585 based on state priorities as established by law, the agency
1586 mission, and legislative authorization. The plan provides the
1587 framework and context for preparing the legislative budget
1588 request and includes performance indicators for evaluating the
1589 impact of programs and agency performance.
1590 Section 56. Paragraph (c) of subsection (10) of section
1591 216.181, Florida Statutes, is repealed.
1592 Section 57. Subsection (5) of section 252.55, Florida
1593 Statutes, is amended to read:
1594 252.55 Civil Air Patrol, Florida Wing.—
1595 (5) The wing commander of the Florida Wing of the Civil Air
1596 Patrol shall biennially furnish the Bureau of Emergency
1597 Management a 2-year an annual projection of the goals and
1598 objectives of the Civil Air Patrol which shall for the following
1599 year. These will be reported to the Governor in the division’s
1600 biennial annual report submitted pursuant to s. 252.35 of the
1601 division on February 1 of each year.
1602 Section 58. Subsection (1) of section 253.7825, Florida
1603 Statutes, is amended to read:
1604 253.7825 Recreational uses.—
1605 (1) The Cross Florida Greenways State Recreation and
1606 Conservation Area must be managed as a multiple-use area
1607 pursuant to s. 253.034(2)(a), and as further provided in this
1608 section herein. The University of Florida Management Plan
1609 provides a conceptual recreational plan that may ultimately be
1610 developed at various locations throughout the greenways
1611 corridor. The plan proposes to locate a number of the larger,
1612 more comprehensive and complex recreational facilities in
1613 sensitive, natural resource areas. Future site-specific studies
1614 and investigations must be conducted by the department to
1615 determine compatibility with, and potential for adverse impact
1616 to, existing natural resources, need for the facility, the
1617 availability of other alternative locations with reduced adverse
1618 impacts to existing natural resources, and the proper specific
1619 sites and locations for the more comprehensive and complex
1620 facilities. Furthermore, it is appropriate, with the approval of
1621 the department, to allow more fishing docks, boat launches, and
1622 other user-oriented facilities to be developed and maintained by
1623 local governments.
1624 Section 59. Section 253.7826, Florida Statutes, is
1625 repealed.
1626 Section 60. Section 253.7829, Florida Statutes, is
1627 repealed.
1628 Section 61. Subsection (4) of section 259.037, Florida
1629 Statutes, is amended to read:
1630 259.037 Land Management Uniform Accounting Council.—
1631 (4) The council shall provide a report of the agencies’
1632 expenditures pursuant to the adopted categories to the President
1633 of the Senate and the Speaker of the House of Representatives
1634 annually, beginning July 1, 2001. The council shall also provide
1635 this report to the Acquisition and Restoration Council and the
1636 division for inclusion in its annual report required pursuant to
1637 s. 259.036.
1638 Section 62. Subsection (4) of section 267.074, Florida
1639 Statutes, is repealed.
1640 Section 63. Subsection (3) of section 284.50, Florida
1641 Statutes, is repealed.
1642 Section 64. Subsection (11) of section 287.045, Florida
1643 Statutes, is repealed.
1644 Section 65. Section 288.1185, Florida Statutes, is
1645 repealed.
1646 Section 66. Paragraph (e) of subsection (8) of section
1647 288.1229, Florida Statutes, is amended to read:
1648 288.1229 Promotion and development of sports-related
1649 industries and amateur athletics; direct-support organization;
1650 powers and duties.—
1651 (8) To promote amateur sports and physical fitness, the
1652 direct-support organization shall:
1653 (e) Promote Florida as a host for national and
1654 international amateur athletic competitions. As part of this
1655 effort, the direct-support organization shall:
1656 1. Assist and support Florida cities or communities bidding
1657 or seeking to host the Summer Olympics or Pan American Games.
1658 2. Annually report to the Governor, the President of the
1659 Senate, and the Speaker of the House of Representatives on the
1660 status of the efforts of cities or communities bidding to host
1661 the Summer Olympics or Pan American Games, including, but not
1662 limited to, current financial and infrastructure status,
1663 projected financial and infrastructure needs, and
1664 recommendations for satisfying the unmet needs and fulfilling
1665 the requirements for a successful bid in any year that the
1666 Summer Olympics or Pan American Games are held in this state.
1667 Section 67. Subsection (4) of section 288.7015, Florida
1668 Statutes, is repealed.
1669 Section 68. Section 288.7771, Florida Statutes, is amended
1670 to read:
1671 288.7771 Annual report of Florida Export Finance
1672 Corporation.—By March 31 of each year, The corporation shall
1673 annually prepare and submit to Enterprise Florida, Inc., for
1674 inclusion in its annual report required by s. 288.095 the
1675 Governor, the President of the Senate, the Speaker of the House
1676 of Representatives, the Senate Minority Leader, and the House
1677 Minority Leader a complete and detailed report setting forth:
1678 (1) The report required in s. 288.776(3).
1679 (2) Its assets and liabilities at the end of its most
1680 recent fiscal year.
1681 Section 69. Subsections (8), (10), and (11) of section
1682 288.8175, Florida Statutes, are repealed.
1683 Section 70. Subsection (5) of section 288.853, Florida
1684 Statutes, is repealed.
1685 Section 71. Paragraph (l) of subsection (1) of section
1686 288.904, Florida Statutes, is amended to read:
1687 288.904 Powers of the board of directors of Enterprise
1688 Florida, Inc.—
1689 (1) The board of directors of Enterprise Florida, Inc.,
1690 shall have the power to:
1691 (l) Create and dissolve advisory committees, working
1692 groups, task forces, or similar organizations, as necessary to
1693 carry out the mission of Enterprise Florida, Inc. By August 1,
1694 1999, Enterprise Florida, Inc., shall establish an advisory
1695 committee on international business issues, and an advisory
1696 committee on small business issues. These committees shall be
1697 comprised of individuals representing the private sector and the
1698 public sector with expertise in the respective subject areas.
1699 The purpose of the committees shall be to guide and advise
1700 Enterprise Florida, Inc., on the development and implementation
1701 of policies, strategies, programs, and activities affecting
1702 international business and small business. The advisory
1703 committee on international business and the advisory committee
1704 on small business shall meet at the call of the chairperson or
1705 vice chairperson of the board of directors of Enterprise
1706 Florida, Inc., but shall meet at least quarterly. Meetings of
1707 the advisory committee on international business and the
1708 advisory committee on small business may be held telephonically;
1709 however, meetings of the committees that are held in person
1710 shall be rotated at different locations around the state to
1711 ensure participation of local and regional economic development
1712 practitioners and other members of the public. Members of
1713 advisory committees, working groups, task forces, or similar
1714 organizations created by Enterprise Florida, Inc., shall serve
1715 without compensation, but may be reimbursed for reasonable,
1716 necessary, and actual expenses, as determined by the board of
1717 directors of Enterprise Florida, Inc.
1718 Section 72. Subsection (5) of section 288.95155, Florida
1719 Statutes, is amended to read:
1720 288.95155 Florida Small Business Technology Growth
1721 Program.—
1722 (5) By January 1 of each year, Enterprise Florida, Inc.,
1723 shall prepare and include in its annual report required by s.
1724 288.095 a report on the financial status of the program and the
1725 account and shall submit a copy of the report to the board of
1726 directors of Enterprise Florida, Inc., the appropriate
1727 legislative committees responsible for economic development
1728 oversight, and the appropriate legislative appropriations
1729 subcommittees. The report must shall specify the assets and
1730 liabilities of the program account within the current fiscal
1731 year and must shall include a portfolio update that lists all of
1732 the businesses assisted, the private dollars leveraged by each
1733 business assisted, and the growth in sales and in employment of
1734 each business assisted.
1735 Section 73. Paragraph (c) of subsection (4) of section
1736 288.9604, Florida Statutes, is amended to read:
1737 288.9604 Creation of the authority.—
1738 (4)
1739 (c) The directors of the corporation shall annually elect
1740 one of their members as chair and one as vice chair. The
1741 corporation may employ a president, technical experts, and such
1742 other agents and employees, permanent and temporary, as it
1743 requires and determine their qualifications, duties, and
1744 compensation. For such legal services as it requires, the
1745 corporation may employ or retain its own counsel and legal
1746 staff. The corporation shall file with the governing body of
1747 each public agency with which it has entered into an interlocal
1748 agreement and with the Governor, the Speaker of the House of
1749 Representatives, the President of the Senate, the Minority
1750 Leaders of the Senate and House of Representatives, and the
1751 Auditor General, on or before 90 days after the close of the
1752 fiscal year of the corporation, a report of its activities for
1753 the preceding fiscal year, which report shall include a complete
1754 financial statement setting forth its assets, liabilities,
1755 income, and operating expenses as of the end of such fiscal
1756 year.
1757 Section 74. Section 288.9610, Florida Statutes, is amended
1758 to read:
1759 288.9610 Annual reports of Florida Development Finance
1760 Corporation.—On or before 90 days after the close of By December
1761 1 of each year, the Florida Development Finance Corporation’s
1762 fiscal year, the corporation shall submit to the Governor, the
1763 Legislature President of the Senate, the Speaker of the House of
1764 Representatives, the Senate Minority Leader, the House Minority
1765 Leader, the Auditor General, and the governing body of each
1766 public entity with which it has entered into an interlocal
1767 agreement city or county activating the Florida Development
1768 Finance Corporation a complete and detailed report setting
1769 forth:
1770 (1) The results of any audit conducted pursuant to s. 11.45
1771 evaluation required in s. 11.45(3)(j).
1772 (2) The activities, operations, and accomplishments of the
1773 Florida Development Finance Corporation, including the number of
1774 businesses assisted by the corporation.
1775 (3) Its assets, and liabilities, income, and operating
1776 expenses at the end of its most recent fiscal year, including a
1777 description of all of its outstanding revenue bonds.
1778 Section 75. Subsection (6) of section 292.05, Florida
1779 Statutes, is amended to read:
1780 292.05 Duties of Department of Veterans’ Affairs.—
1781 (6) The department shall, by on December 31 of each year,
1782 submit make an annual written report to the Governor, the
1783 Cabinet, and the Legislature which describes: of the state, the
1784 Speaker of the House of Representatives, and the President of
1785 the Senate, which report shall show
1786 (a) The expenses incurred in veteran service work in the
1787 state; the number, nature, and kind of cases handled by the
1788 department and by county and city veteran service officers of
1789 the state; the amounts of benefits obtained for veterans; the
1790 names and addresses of all certified veteran service officers,
1791 including county and city veteran service officers. The report
1792 must shall also describe the actions taken by the department in
1793 implementing subsections (4), (5), and (7) and include shall
1794 contain such other information and recommendations as may appear
1795 to the department requires to be right and proper.
1796 (b) The current status of the department’s domiciliary and
1797 nursing homes established pursuant to chapter 296, including all
1798 receipts and expenditures, the condition of the homes, the
1799 number of residents received and discharged during the preceding
1800 year, occupancy rates, staffing, and any other information
1801 necessary to provide an understanding of the management,
1802 conduct, and operation of the homes.
1803 Section 76. Section 296.16, Florida Statutes, is repealed.
1804 Section 77. Section 296.39, Florida Statutes, is repealed.
1805 Section 78. Paragraph (c) of subsection (12) of section
1806 315.03, Florida Statutes, is repealed.
1807 Section 79. Subsection (2) of section 319.324, Florida
1808 Statutes, is amended to read:
1809 319.324 Odometer fraud prevention and detection; funding.—
1810 (2) Moneys deposited into the Highway Safety Operating
1811 Trust Fund under this section shall be used to implement and
1812 maintain efforts by the department to prevent and detect
1813 odometer fraud, including the prompt investigation of alleged
1814 instances of odometer mileage discrepancies reported by licensed
1815 motor vehicle dealers, auctions, or purchasers of motor
1816 vehicles. Such moneys shall also be used to fund an annual
1817 report to the Legislature by the Department of Highway Safety
1818 and Motor Vehicles, summarizing the department’s investigations
1819 and findings. In addition, moneys deposited into the fund may be
1820 used by the department for general operations.
1821 Section 80. Section 322.181, Florida Statutes, is repealed.
1822 Section 81. Paragraph (c) of subsection (7) of section
1823 322.251, Florida Statutes, is repealed.
1824 Section 82. Section 373.0391, Florida Statutes, is amended
1825 to read:
1826 373.0391 Technical assistance to local governments.—
1827 (1) The water management districts shall assist local
1828 governments in the development and future revision of local
1829 government comprehensive plan elements or public facilities
1830 report as required by s. 189.415, related to water resource
1831 issues.
1832 (2) By July 1, 1991, each water management district shall
1833 prepare and provide information and data to assist local
1834 governments in the preparation and implementation of their local
1835 government comprehensive plans or public facilities report as
1836 required by s. 189.415, whichever is applicable. Such
1837 information and data shall include, but not be limited to:
1838 (a) All information and data required in a public
1839 facilities report pursuant to s. 189.415.
1840 (b) A description of regulations, programs, and schedules
1841 implemented by the district.
1842 (c) Identification of regulations, programs, and schedules
1843 undertaken or proposed by the district to further the State
1844 Comprehensive Plan.
1845 (d) A description of surface water basins, including
1846 regulatory jurisdictions, flood-prone areas, existing and
1847 projected water quality in water management district operated
1848 facilities, as well as surface water runoff characteristics and
1849 topography regarding flood plains, wetlands, and recharge areas.
1850 (e) A description of groundwater characteristics, including
1851 existing and planned wellfield sites, existing and anticipated
1852 cones of influence, highly productive groundwater areas, aquifer
1853 recharge areas, deep well injection zones, contaminated areas,
1854 an assessment of regional water resource needs and sources for
1855 the next 20 years, and water quality.
1856 (f) The identification of existing and potential water
1857 management district land acquisitions.
1858 (g) Information reflecting the minimum flows for surface
1859 watercourses to avoid harm to water resources or the ecosystem
1860 and information reflecting the minimum water levels for aquifers
1861 to avoid harm to water resources or the ecosystem.
1862 Section 83. Subsection (4) of section 373.046, Florida
1863 Statutes, is amended to read:
1864 373.046 Interagency agreements.—
1865 (4) The Legislature recognizes and affirms the division of
1866 responsibilities between the department and the water management
1867 districts as set forth in ss. III. and X. of each of the
1868 operating agreements codified as rules 17-101.040(12)(a)3., 4.,
1869 and 5., Florida Administrative Code. Section IV.A.2.a. of each
1870 operating agreement regarding individual permit oversight is
1871 rescinded. The department is shall be responsible for permitting
1872 those activities under part IV of this chapter which, because of
1873 their complexity and magnitude, need to be economically and
1874 efficiently evaluated at the state level, including, but not
1875 limited to, mining, hazardous waste management facilities, and
1876 solid waste management facilities that do not qualify for a
1877 general permit under chapter 403. With regard to
1878 postcertification information submittals for activities
1879 authorized under chapters 341 and 403 siting act certifications,
1880 the department, after consultation with the appropriate water
1881 management district and other agencies having applicable
1882 regulatory jurisdiction, shall determine be responsible for
1883 determining the permittee’s compliance with conditions of
1884 certification which are were based upon the nonprocedural
1885 requirements of part IV of this chapter. The Legislature
1886 authorizes The water management districts and the department may
1887 to modify the division of responsibilities referenced in this
1888 section and enter into further interagency agreements by
1889 rulemaking, including incorporation by reference, pursuant to
1890 chapter 120, to provide for greater efficiency and to avoid
1891 duplication in the administration of part IV of this chapter by
1892 designating certain activities that which will be regulated by
1893 either the water management districts or the department. In
1894 developing such interagency agreements, the water management
1895 districts and the department shall consider should take into
1896 consideration the technical and fiscal ability of each water
1897 management district to implement all or some of the provisions
1898 of part IV of this chapter. This subsection does not rescind or
1899 restrict Nothing herein rescinds or restricts the authority of
1900 the districts to regulate silviculture and agriculture pursuant
1901 to part IV of this chapter or s. 403.927. By December 10, 1993,
1902 the secretary of the department shall submit a report to the
1903 President of the Senate and the Speaker of the House of
1904 Representatives regarding the efficiency of the procedures and
1905 the division of responsibilities contemplated by this subsection
1906 and regarding progress toward the execution of further
1907 interagency agreements and the integration of permitting with
1908 sovereignty lands approval. The report also will consider the
1909 feasibility of improving the protection of the environment
1910 through comprehensive criteria for protection of natural
1911 systems.
1912 Section 84. Subsection (14) of section 376.121, Florida
1913 Statutes, is repealed.
1914 Section 85. Section 376.17, Florida Statutes, is repealed.
1915 Section 86. Subsection (5) of section 376.30713, Florida
1916 Statutes, is repealed.
1917 Section 87. Subsection (2) of section 379.2211, Florida
1918 Statutes, is amended to read:
1919 379.2211 Florida waterfowl permit revenues.—
1920 (2) The intent of this section is to expand waterfowl
1921 research and management and increase waterfowl populations in
1922 the state without detracting from other programs. The commission
1923 shall prepare and make available on its Internet website an
1924 annual report documenting the use of funds generated under the
1925 provisions of this section, to be submitted to the Governor, the
1926 Speaker of the House of Representatives, and the President of
1927 the Senate on or before September 1 of each year.
1928 Section 88. Subsection (2) of section 379.2212, Florida
1929 Statutes, is amended to read:
1930 379.2212 Florida wild turkey permit revenues.—
1931 (2) The intent of this section is to expand wild turkey
1932 research and management and to increase wild turkey populations
1933 in the state without detracting from other programs. The
1934 commission shall prepare and make available on its Internet
1935 website an annual report documenting the use of funds generated
1936 under the provisions of this section, to be submitted to the
1937 Governor, the Speaker of the House of Representatives, and the
1938 President of the Senate on or before September 1 of each year.
1939 Section 89. Subsection (8) of section 379.2523, Florida
1940 Statutes, is repealed.
1941 Section 90. Paragraph (a) of subsection (2) of section
1942 380.06, Florida Statutes, is amended to read:
1943 380.06 Developments of regional impact.—
1944 (2) STATEWIDE GUIDELINES AND STANDARDS.—
1945 (a) The state land planning agency shall recommend to the
1946 Administration Commission specific statewide guidelines and
1947 standards for adoption pursuant to this subsection. The
1948 Administration Commission shall by rule adopt statewide
1949 guidelines and standards to be used in determining whether
1950 particular developments shall undergo development-of-regional
1951 impact review. The statewide guidelines and standards previously
1952 adopted by the Administration Commission and approved by the
1953 Legislature shall remain in effect unless revised pursuant to
1954 this section or superseded by other provisions of law. Revisions
1955 to the present statewide guidelines and standards, after
1956 adoption by the Administration Commission, shall be transmitted
1957 on or before March 1 to the President of the Senate and the
1958 Speaker of the House of Representatives for presentation at the
1959 next regular session of the Legislature. Unless approved by law
1960 by the Legislature, the revisions to the present guidelines and
1961 standards shall not become effective.
1962 Section 91. Subsection (3) of section 380.0677, Florida
1963 Statutes, is repealed.
1964 Section 92. Subsection (3) of section 381.0011, Florida
1965 Statutes, is repealed.
1966 Section 93. Section 381.0036, Florida Statutes, is
1967 repealed.
1968 Section 94. Section 381.731, Florida Statutes, is repealed.
1969 Section 95. Section 381.795, Florida Statutes, is amended
1970 to read:
1971 381.795 Long-term community-based supports.—The department
1972 shall, contingent upon specific appropriations for these
1973 purposes, establish:
1974 (1) Study the long-term needs for community-based supports
1975 and services for individuals who have sustained traumatic brain
1976 or spinal cord injuries. The purpose of this study is to prevent
1977 inappropriate residential and institutional placement of these
1978 individuals, and promote placement in the most cost effective
1979 and least restrictive environment. Any placement recommendations
1980 for these individuals shall ensure full utilization of and
1981 collaboration with other state agencies, programs, and community
1982 partners. This study shall be submitted to the Governor, the
1983 President of the Senate, and the Speaker of the House of
1984 Representatives not later than December 31, 2000.
1985 (2) Based upon the results of this study, establish a plan
1986 for the implementation of a program of long-term community-based
1987 supports and services for individuals who have sustained
1988 traumatic brain or spinal cord injuries and who may be subject
1989 to inappropriate residential and institutional placement as a
1990 direct result of such injuries.
1991 (1)(a) The program shall be payor of last resort for
1992 program services, and expenditures for such services shall be
1993 considered funded services for purposes of s. 381.785; however,
1994 notwithstanding s. 381.79(5), proceeds resulting from this
1995 subsection shall be used solely for this program.
1996 (2)(b) The department shall adopt create, by rule,
1997 procedures to ensure, that if in the event the program is unable
1998 to directly or indirectly provide such services to all eligible
1999 individuals due to lack of funds, those individuals most at risk
2000 of suffering to suffer the greatest harm from an imminent
2001 inappropriate residential or institutional placement are served
2002 first.
2003 (3)(c) Every applicant or recipient of the long-term
2004 community-based supports and services program must shall have
2005 been a resident of the state for 1 year immediately preceding
2006 application and be a resident of the state at the time of
2007 application.
2008 (4)(d) The department shall adopt rules pursuant to ss.
2009 120.536(1) and 120.54 to administer implement the provision of
2010 this section subsection.
2011 Section 96. Section 381.931, Florida Statutes, is amended
2012 to read:
2013 381.931 Annual report on Medicaid expenditures.—The
2014 Department of Health and the Agency for Health Care
2015 Administration shall monitor the total Medicaid expenditures for
2016 services made under this act. If Medicaid expenditures are
2017 projected to exceed the amount appropriated by the Legislature,
2018 the Department of Health shall limit the number of screenings to
2019 ensure Medicaid expenditures do not exceed the amount
2020 appropriated. The Department of Health, in cooperation with the
2021 Agency for Health Care Administration, shall prepare an annual
2022 report that must include the number of women screened; the
2023 percentage of positive and negative outcomes; the number of
2024 referrals to Medicaid and other providers for treatment
2025 services; the estimated number of women who are not screened or
2026 not served by Medicaid due to funding limitations, if any; the
2027 cost of Medicaid treatment services; and the estimated cost of
2028 treatment services for women who were not screened or referred
2029 for treatment due to funding limitations. The report shall be
2030 submitted to the President of the Senate, the Speaker of the
2031 House of Representatives, and the Executive Office of the
2032 Governor by March 1 of each year.
2033 Section 97. Subsection (6) of section 383.19, Florida
2034 Statutes, is amended to read:
2035 383.19 Standards; funding; ineligibility.—
2036 (6) Each hospital that which contracts with the department
2037 to provide services under the terms of ss. 383.15-383.21 shall
2038 prepare and submit to the department an annual report that
2039 includes, but is not limited to, the number of clients served
2040 and the costs of services in the center. The department shall
2041 annually conduct a programmatic and financial evaluation of each
2042 center.
2043 Section 98. Section 383.21, Florida Statutes, is repealed.
2044 Section 99. Section 383.2161, Florida Statutes, is amended
2045 to read:
2046 383.2161 Maternal and child health report.—The Department
2047 of Health annually shall annually compile and analyze the risk
2048 information collected by the Office of Vital Statistics and the
2049 district prenatal and infant care coalitions and shall maintain
2050 county and statewide data on prepare and submit to the
2051 Legislature by January 2 a report that includes, but is not
2052 limited to:
2053 (1) The number of families identified as families at
2054 potential risk;
2055 (2) The number of families receiving that receive family
2056 outreach services;
2057 (3) The increase in demand for services; and
2058 (4) The unmet need for services for identified target
2059 groups.
2060 Section 100. Subsection (4) of section 394.4573, Florida
2061 Statutes, is repealed.
2062 Section 101. Subsection (1) of section 394.4985, Florida
2063 Statutes, is amended to read:
2064 394.4985 Districtwide information and referral network;
2065 implementation.—
2066 (1) Each service district of the Department of Children and
2067 Family Services shall develop a detailed implementation plan for
2068 a districtwide comprehensive child and adolescent mental health
2069 information and referral network to be operational by July 1,
2070 1999. The plan must include an operating budget that
2071 demonstrates cost efficiencies and identifies funding sources
2072 for the district information and referral network. The plan must
2073 be submitted by the department to the Legislature by October 1,
2074 1998. The district shall use existing district information and
2075 referral providers if, in the development of the plan, it is
2076 concluded that these providers would deliver information and
2077 referral services in a more efficient and effective manner when
2078 compared to other alternatives. The district information and
2079 referral network must include:
2080 (a) A resource file that contains information about the
2081 child and adolescent mental health services as described in s.
2082 394.495, including, but not limited to:
2083 1. Type of program;
2084 2. Hours of service;
2085 3. Ages of persons served;
2086 4. Program description;
2087 5. Eligibility requirements; and
2088 6. Fees.
2089 (b) Information about private providers and professionals
2090 in the community who which serve children and adolescents with
2091 an emotional disturbance.
2092 (c) A system to document requests for services which that
2093 are received through the network referral process, including,
2094 but not limited to:
2095 1. Number of calls by type of service requested;
2096 2. Ages of the children and adolescents for whom services
2097 are requested; and
2098 3. Type of referral made by the network.
2099 (d) The ability to share client information with the
2100 appropriate community agencies.
2101 (e) The submission of an annual report to the department,
2102 the Agency for Health Care Administration, and appropriate local
2103 government entities, which contains information about the
2104 sources and frequency of requests for information, types and
2105 frequency of services requested, and types and frequency of
2106 referrals made.
2107 Section 102. Section 394.82, Florida Statutes, is repealed.
2108 Section 103. Section 394.9083, Florida Statutes, is
2109 repealed.
2110 Section 104. Paragraph (c) of subsection (2) of section
2111 395.807, Florida Statutes, is repealed.
2112 Section 105. Subsection (3) of section 397.332, Florida
2113 Statutes, is repealed.
2114 Section 106. Subsection (1) of section 397.94, Florida
2115 Statutes, is repealed.
2116 Section 107. Subsection (2) of section 400.148, Florida
2117 Statutes, is repealed.
2118 Section 108. Paragraph (a) of subsection (2) of section
2119 400.967, Florida Statutes, is amended to read:
2120 400.967 Rules and classification of deficiencies.—
2121 (2) Pursuant to the intention of the Legislature, the
2122 agency, in consultation with the Agency for Persons with
2123 Disabilities and the Department of Elderly Affairs, shall adopt
2124 and enforce rules to administer this part and part II of chapter
2125 408, which shall include reasonable and fair criteria governing:
2126 (a) The location and construction of the facility;
2127 including fire and life safety, plumbing, heating, cooling,
2128 lighting, ventilation, and other housing conditions that will
2129 ensure the health, safety, and comfort of residents. The agency
2130 shall establish standards for facilities and equipment to
2131 increase the extent to which new facilities and a new wing or
2132 floor added to an existing facility after July 1, 2000, are
2133 structurally capable of serving as shelters only for residents,
2134 staff, and families of residents and staff, and equipped to be
2135 self-supporting during and immediately following disasters. The
2136 Agency for Health Care Administration shall work with facilities
2137 licensed under this part and report to the Governor and the
2138 Legislature by April 1, 2000, its recommendations for cost
2139 effective renovation standards to be applied to existing
2140 facilities. In making such rules, the agency shall be guided by
2141 criteria recommended by nationally recognized, reputable
2142 professional groups and associations having knowledge concerning
2143 such subject matters. The agency shall update or revise the such
2144 criteria as the need arises. All facilities must comply with
2145 those lifesafety code requirements and building code standards
2146 applicable at the time of approval of their construction plans.
2147 The agency may require alterations to a building if it
2148 determines that an existing condition constitutes a distinct
2149 hazard to life, health, or safety. The agency shall adopt fair
2150 and reasonable rules setting forth conditions under which
2151 existing facilities undergoing additions, alterations,
2152 conversions, renovations, or repairs are required to comply with
2153 the most recent updated or revised standards.
2154 Section 109. Subsection (3) of section 402.3016, Florida
2155 Statutes, is repealed.
2156 Section 110. Subsection (9) of section 402.40, Florida
2157 Statutes, is repealed.
2158 Section 111. Subsection (1) of section 403.4131, Florida
2159 Statutes, is amended to read:
2160 403.4131 Litter control.—
2161 (1) The Department of Transportation shall establish an
2162 “adopt-a-highway” program to allow local organizations to be
2163 identified with specific highway cleanup and highway
2164 beautification projects authorized under s. 339.2405. The
2165 department shall report to the Governor and the Legislature on
2166 the progress achieved and the savings incurred by the “adopt-a
2167 highway” program. The department shall also monitor and report
2168 on compliance with the provisions of the adopt-a-highway program
2169 to ensure that organizations participating that participate in
2170 the program comply with the goals identified by the department.
2171 Section 112. Paragraph (d) of subsection (2) of section
2172 403.706, Florida Statutes, is repealed.
2173 Section 113. Paragraph (a) of subsection (4) of section
2174 406.02, Florida Statutes, is repealed.
2175 Section 114. Paragraph (g) of subsection (1) of section
2176 408.033, Florida Statutes, is amended to read:
2177 408.033 Local and state health planning.—
2178 (1) LOCAL HEALTH COUNCILS.—
2179 (g) Each local health council may is authorized to accept
2180 and receive, in furtherance of its health planning functions,
2181 funds, grants, and services from governmental agencies and from
2182 private or civic sources and to perform studies related to local
2183 health planning in exchange for such funds, grants, or services.
2184 Each local health council shall, no later than January 30 of
2185 each year, render an accounting of the receipt and disbursement
2186 of such funds received by it to the Department of Health. The
2187 department shall consolidate all such reports and submit such
2188 consolidated report to the Legislature no later than March 1 of
2189 each year.
2190 Section 115. Subsection (4) of section 408.914, Florida
2191 Statutes, is repealed.
2192 Section 116. Paragraph (i) of subsection (3) of section
2193 408.915, Florida Statutes, is repealed.
2194 Section 117. Section 408.917, Florida Statutes, is
2195 repealed.
2196 Section 118. Paragraph (b) of subsection (7) of section
2197 409.1451, Florida Statutes, is amended to read:
2198 409.1451 Independent living transition services.—
2199 (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
2200 Secretary of Children and Family Services shall establish the
2201 Independent Living Services Advisory Council for the purpose of
2202 reviewing and making recommendations concerning the
2203 implementation and operation of the independent living
2204 transition services. This advisory council shall continue to
2205 function as specified in this subsection until the Legislature
2206 determines that the advisory council can no longer provide a
2207 valuable contribution to the department’s efforts to achieve the
2208 goals of the independent living transition services.
2209 (b) The advisory council shall report to the secretary
2210 appropriate substantive committees of the Senate and the House
2211 of Representatives on the status of the implementation of the
2212 system of independent living transition services; efforts to
2213 publicize the availability of aftercare support services, the
2214 Road-to-Independence Program, and transitional support services;
2215 the success of the services; problems identified;
2216 recommendations for department or legislative action; and the
2217 department’s implementation of the recommendations contained in
2218 the Independent Living Services Integration Workgroup Report
2219 submitted to the appropriate Senate and the House substantive
2220 committees of the Legislature by December 31, 2002. The
2221 department shall submit a report by December 31 of each year to
2222 the Governor and the Legislature This advisory council report
2223 shall be submitted by December 31 of each year that the council
2224 is in existence and shall be accompanied by a report from the
2225 department which includes a summary of the factors reported on
2226 by the council and identifies the recommendations of the
2227 advisory council and either describes the department’s actions
2228 to implement the these recommendations or provides the
2229 department’s rationale for not implementing the recommendations.
2230 Section 119. Section 409.152, Florida Statutes, is
2231 repealed.
2232 Section 120. Subsections (1) and (2) of section 409.1679,
2233 Florida Statutes, are repealed.
2234 Section 121. Section 409.1685, Florida Statutes, is amended
2235 to read:
2236 409.1685 Children in foster care; annual report to
2237 Legislature.—The Department of Children and Family Services
2238 shall submit a written report to the Governor and substantive
2239 committees of the Legislature concerning the status of children
2240 in foster care and concerning the judicial review mandated by
2241 part X of chapter 39. The This report shall be submitted by May
2242 March 1 of each year and must shall include the following
2243 information for the prior calendar year:
2244 (1) The number of 6-month and annual judicial reviews
2245 completed during that period.
2246 (2) The number of children in foster care returned to a
2247 parent, guardian, or relative as a result of a 6-month or annual
2248 judicial review hearing during that period.
2249 (3) The number of termination of parental rights
2250 proceedings instituted during that period, including which shall
2251 include:
2252 (a) The number of termination of parental rights
2253 proceedings initiated pursuant to former s. 39.703; and
2254 (b) The total number of terminations of parental rights
2255 ordered.
2256 (4) The number of foster care children placed for adoption
2257 during that period.
2258 Section 122. Paragraph (k) of subsection (4) of section
2259 409.221, Florida Statutes, is repealed.
2260 Section 123. Paragraph (a) of subsection (3) of section
2261 409.25575, Florida Statutes, is amended to read:
2262 409.25575 Support enforcement; privatization.—
2263 (3)(a) The department shall establish a quality assurance
2264 program for the privatization of services. The quality assurance
2265 program must include standards for each specific component of
2266 these services. The department shall establish minimum
2267 thresholds for each component. Each program operated pursuant to
2268 contract must be evaluated annually by the department or by an
2269 objective competent entity designated by the department under
2270 the provisions of the quality assurance program. The evaluation
2271 must be financed from cost savings associated with the
2272 privatization of services. The department shall submit an annual
2273 report regarding quality performance, outcome measure
2274 attainment, and cost efficiency to the President of the Senate,
2275 the Speaker of the House of Representatives, the Minority leader
2276 of each house of the Legislature, and the Governor no later than
2277 January 31 of each year, beginning in 1999. The quality
2278 assurance program must be financed through administrative
2279 savings generated by this act.
2280 Section 124. Subsection (9) of section 409.2558, Florida
2281 Statutes, is amended to read:
2282 409.2558 Support distribution and disbursement.—
2283 (9) RULEMAKING AUTHORITY.—The department may adopt rules to
2284 administer this section. The department shall provide a draft of
2285 the proposed concepts for the rule for the undistributable
2286 collections to interested parties for review and recommendations
2287 prior to full development of the rule and initiating the formal
2288 rule-development process. The department shall consider but is
2289 not required to implement the recommendations. The department
2290 shall provide a report to the President of the Senate and the
2291 Speaker of the House of Representatives containing the
2292 recommendations received from interested parties and the
2293 department’s response regarding incorporating the
2294 recommendations into the rule.
2295 Section 125. Subsection (3) of section 409.441, Florida
2296 Statutes, is repealed.
2297 Section 126. Subsection (24) of section 409.906, Florida
2298 Statutes, is amended to read:
2299 409.906 Optional Medicaid services.—Subject to specific
2300 appropriations, the agency may make payments for services which
2301 are optional to the state under Title XIX of the Social Security
2302 Act and are furnished by Medicaid providers to recipients who
2303 are determined to be eligible on the dates on which the services
2304 were provided. Any optional service that is provided shall be
2305 provided only when medically necessary and in accordance with
2306 state and federal law. Optional services rendered by providers
2307 in mobile units to Medicaid recipients may be restricted or
2308 prohibited by the agency. Nothing in this section shall be
2309 construed to prevent or limit the agency from adjusting fees,
2310 reimbursement rates, lengths of stay, number of visits, or
2311 number of services, or making any other adjustments necessary to
2312 comply with the availability of moneys and any limitations or
2313 directions provided for in the General Appropriations Act or
2314 chapter 216. If necessary to safeguard the state’s systems of
2315 providing services to elderly and disabled persons and subject
2316 to the notice and review provisions of s. 216.177, the Governor
2317 may direct the Agency for Health Care Administration to amend
2318 the Medicaid state plan to delete the optional Medicaid service
2319 known as “Intermediate Care Facilities for the Developmentally
2320 Disabled.” Optional services may include:
2321 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
2322 Health Care Administration, in consultation with the Department
2323 of Children and Family Services, may establish a targeted case
2324 management project in those counties identified by the
2325 Department of Children and Family Services and for all counties
2326 with a community-based child welfare project, as authorized
2327 under s. 409.1671, which have been specifically approved by the
2328 department. Results of targeted case management projects shall
2329 be reported to the Social Services Estimating Conference
2330 established under s. 216.136. The covered group of individuals
2331 who are eligible to receive targeted case management include
2332 children who are eligible for Medicaid; who are between the ages
2333 of birth through 21; and who are under protective supervision or
2334 postplacement supervision, under foster-care supervision, or in
2335 shelter care or foster care. The number of individuals who are
2336 eligible to receive targeted case management is shall be limited
2337 to the number for whom the Department of Children and Family
2338 Services has available matching funds to cover the costs. The
2339 general revenue funds required to match the funds for services
2340 provided by the community-based child welfare projects are
2341 limited to funds available for services described under s.
2342 409.1671. The Department of Children and Family Services may
2343 transfer the general revenue matching funds as billed by the
2344 Agency for Health Care Administration.
2345 Section 127. Subsections (29) and (44), and paragraph (c)
2346 of subsection (49) of section 409.912, Florida Statutes, are
2347 amended to read:
2348 409.912 Cost-effective purchasing of health care.—The
2349 agency shall purchase goods and services for Medicaid recipients
2350 in the most cost-effective manner consistent with the delivery
2351 of quality medical care. To ensure that medical services are
2352 effectively utilized, the agency may, in any case, require a
2353 confirmation or second physician’s opinion of the correct
2354 diagnosis for purposes of authorizing future services under the
2355 Medicaid program. This section does not restrict access to
2356 emergency services or poststabilization care services as defined
2357 in 42 C.F.R. part 438.114. Such confirmation or second opinion
2358 shall be rendered in a manner approved by the agency. The agency
2359 shall maximize the use of prepaid per capita and prepaid
2360 aggregate fixed-sum basis services when appropriate and other
2361 alternative service delivery and reimbursement methodologies,
2362 including competitive bidding pursuant to s. 287.057, designed
2363 to facilitate the cost-effective purchase of a case-managed
2364 continuum of care. The agency shall also require providers to
2365 minimize the exposure of recipients to the need for acute
2366 inpatient, custodial, and other institutional care and the
2367 inappropriate or unnecessary use of high-cost services. The
2368 agency shall contract with a vendor to monitor and evaluate the
2369 clinical practice patterns of providers in order to identify
2370 trends that are outside the normal practice patterns of a
2371 provider’s professional peers or the national guidelines of a
2372 provider’s professional association. The vendor must be able to
2373 provide information and counseling to a provider whose practice
2374 patterns are outside the norms, in consultation with the agency,
2375 to improve patient care and reduce inappropriate utilization.
2376 The agency may mandate prior authorization, drug therapy
2377 management, or disease management participation for certain
2378 populations of Medicaid beneficiaries, certain drug classes, or
2379 particular drugs to prevent fraud, abuse, overuse, and possible
2380 dangerous drug interactions. The Pharmaceutical and Therapeutics
2381 Committee shall make recommendations to the agency on drugs for
2382 which prior authorization is required. The agency shall inform
2383 the Pharmaceutical and Therapeutics Committee of its decisions
2384 regarding drugs subject to prior authorization. The agency is
2385 authorized to limit the entities it contracts with or enrolls as
2386 Medicaid providers by developing a provider network through
2387 provider credentialing. The agency may competitively bid single
2388 source-provider contracts if procurement of goods or services
2389 results in demonstrated cost savings to the state without
2390 limiting access to care. The agency may limit its network based
2391 on the assessment of beneficiary access to care, provider
2392 availability, provider quality standards, time and distance
2393 standards for access to care, the cultural competence of the
2394 provider network, demographic characteristics of Medicaid
2395 beneficiaries, practice and provider-to-beneficiary standards,
2396 appointment wait times, beneficiary use of services, provider
2397 turnover, provider profiling, provider licensure history,
2398 previous program integrity investigations and findings, peer
2399 review, provider Medicaid policy and billing compliance records,
2400 clinical and medical record audits, and other factors. Providers
2401 shall not be entitled to enrollment in the Medicaid provider
2402 network. The agency shall determine instances in which allowing
2403 Medicaid beneficiaries to purchase durable medical equipment and
2404 other goods is less expensive to the Medicaid program than long
2405 term rental of the equipment or goods. The agency may establish
2406 rules to facilitate purchases in lieu of long-term rentals in
2407 order to protect against fraud and abuse in the Medicaid program
2408 as defined in s. 409.913. The agency may seek federal waivers
2409 necessary to administer these policies.
2410 (29) The agency shall perform enrollments and
2411 disenrollments for Medicaid recipients who are eligible for
2412 MediPass or managed care plans. Notwithstanding the prohibition
2413 contained in paragraph (21)(f), managed care plans may perform
2414 preenrollments of Medicaid recipients under the supervision of
2415 the agency or its agents. For the purposes of this section, the
2416 term “preenrollment” means the provision of marketing and
2417 educational materials to a Medicaid recipient and assistance in
2418 completing the application forms, but does shall not include
2419 actual enrollment into a managed care plan. An application for
2420 enrollment may shall not be deemed complete until the agency or
2421 its agent verifies that the recipient made an informed,
2422 voluntary choice. The agency, in cooperation with the Department
2423 of Children and Family Services, may test new marketing
2424 initiatives to inform Medicaid recipients about their managed
2425 care options at selected sites. The agency shall report to the
2426 Legislature on the effectiveness of such initiatives. The agency
2427 may contract with a third party to perform managed care plan and
2428 MediPass enrollment and disenrollment services for Medicaid
2429 recipients and may is authorized to adopt rules to administer
2430 implement such services. The agency may adjust the capitation
2431 rate only to cover the costs of a third-party enrollment and
2432 disenrollment contract, and for agency supervision and
2433 management of the managed care plan enrollment and disenrollment
2434 contract.
2435 (44) The Agency for Health Care Administration shall ensure
2436 that any Medicaid managed care plan as defined in s.
2437 409.9122(2)(f), whether paid on a capitated basis or a shared
2438 savings basis, is cost-effective. For purposes of this
2439 subsection, the term “cost-effective” means that a network’s
2440 per-member, per-month costs to the state, including, but not
2441 limited to, fee-for-service costs, administrative costs, and
2442 case-management fees, if any, must be no greater than the
2443 state’s costs associated with contracts for Medicaid services
2444 established under subsection (3), which may be adjusted for
2445 health status. The agency shall conduct actuarially sound
2446 adjustments for health status in order to ensure such cost
2447 effectiveness and shall annually publish the results on its
2448 Internet website and submit the results annually to the
2449 Governor, the President of the Senate, and the Speaker of the
2450 House of Representatives no later than December 31 of each year.
2451 Contracts established pursuant to this subsection which are not
2452 cost-effective may not be renewed.
2453 (49) The agency shall contract with established minority
2454 physician networks that provide services to historically
2455 underserved minority patients. The networks must provide cost
2456 effective Medicaid services, comply with the requirements to be
2457 a MediPass provider, and provide their primary care physicians
2458 with access to data and other management tools necessary to
2459 assist them in ensuring the appropriate use of services,
2460 including inpatient hospital services and pharmaceuticals.
2461 (c) For purposes of this subsection, the term “cost
2462 effective” means that a network’s per-member, per-month costs to
2463 the state, including, but not limited to, fee-for-service costs,
2464 administrative costs, and case-management fees, if any, must be
2465 no greater than the state’s costs associated with contracts for
2466 Medicaid services established under subsection (3), which shall
2467 be actuarially adjusted for case mix, model, and service area.
2468 The agency shall conduct actuarially sound audits adjusted for
2469 case mix and model in order to ensure such cost-effectiveness
2470 and shall annually publish the audit results on its Internet
2471 website and submit the audit results annually to the Governor,
2472 the President of the Senate, and the Speaker of the House of
2473 Representatives no later than December 31. Contracts established
2474 pursuant to this subsection which are not cost-effective may not
2475 be renewed.
2476 Section 128. Section 410.0245, Florida Statutes, is
2477 repealed.
2478 Section 129. Subsection (10) of section 410.604, Florida
2479 Statutes, is repealed.
2480 Section 130. Paragraph (d) of subsection (5) of section
2481 411.0102, Florida Statutes, is amended to read:
2482 411.0102 Child Care Executive Partnership Act; findings and
2483 intent; grant; limitation; rules.—
2484 (5)
2485 (d) Each early learning coalition shall be required to
2486 establish a community child care task force for each child care
2487 purchasing pool. The task force must be composed of employers,
2488 parents, private child care providers, and one representative
2489 from the local children’s services council, if one exists in the
2490 area of the purchasing pool. The early learning coalition is
2491 expected to recruit the task force members from existing child
2492 care councils, commissions, or task forces already operating in
2493 the area of a purchasing pool. A majority of the task force
2494 shall consist of employers. Each task force shall develop a plan
2495 for the use of child care purchasing pool funds. The plan must
2496 show how many children will be served by the purchasing pool,
2497 how many will be new to receiving child care services, and how
2498 the early learning coalition intends to attract new employers
2499 and their employees to the program.
2500 Section 131. Section 411.221, Florida Statutes, is
2501 repealed.
2502 Section 132. Section 411.242, Florida Statutes, is
2503 repealed.
2504 Section 133. Section 414.14, Florida Statutes, is amended
2505 to read:
2506 414.14 Public assistance policy simplification.—To the
2507 extent possible, the department shall align the requirements for
2508 eligibility under this chapter with the food stamp program and
2509 medical assistance eligibility policies and procedures to
2510 simplify the budgeting process and reduce errors. If the
2511 department determines that s. 414.075, relating to resources, or
2512 s. 414.085, relating to income, is inconsistent with related
2513 provisions of federal law governing which govern the food stamp
2514 program or medical assistance, and that conformance to federal
2515 law would simplify administration of the WAGES Program or reduce
2516 errors without materially increasing the cost of the program to
2517 the state, the secretary of the department may propose a change
2518 in the resource or income requirements of the program by rule.
2519 The secretary shall provide written notice to the President of
2520 the Senate, the Speaker of the House of Representatives, and the
2521 chairpersons of the relevant committees of both houses of the
2522 Legislature summarizing the proposed modifications to be made by
2523 rule and changes necessary to conform state law to federal law.
2524 The proposed rule shall take effect 14 days after written notice
2525 is given unless the President of the Senate or the Speaker of
2526 the House of Representatives advises the secretary that the
2527 proposed rule exceeds the delegated authority of the
2528 Legislature.
2529 Section 134. Subsection (1) of section 414.36, Florida
2530 Statutes, is repealed.
2531 Section 135. Subsection (3) of section 414.391, Florida
2532 Statutes, is repealed.
2533 Section 136. Subsection (6) of section 415.1045, Florida
2534 Statutes, is amended to read:
2535 415.1045 Photographs, videotapes, and medical examinations;
2536 abrogation of privileged communications; confidential records
2537 and documents.—
2538 (6) WORKING AGREEMENTS.—By March 1, 2004, The department
2539 shall enter into working agreements with the jurisdictionally
2540 responsible county sheriff’s sheriffs’ office or local police
2541 department that will be the lead agency for when conducting any
2542 criminal investigation arising from an allegation of abuse,
2543 neglect, or exploitation of a vulnerable adult. The working
2544 agreement must specify how the requirements of this chapter will
2545 be met. The Office of Program Policy Analysis and Government
2546 Accountability shall conduct a review of the efficacy of the
2547 agreements and report its findings to the Legislature by March
2548 1, 2005. For the purposes of such agreement, the
2549 jurisdictionally responsible law enforcement entity may is
2550 authorized to share Florida criminal history and local criminal
2551 history information that is not otherwise exempt from s.
2552 119.07(1) with the district personnel. A law enforcement entity
2553 entering into such agreement must comply with s. 943.0525.
2554 Criminal justice information provided by the such law
2555 enforcement entity may shall be used only for the purposes
2556 specified in the agreement and shall be provided at no charge.
2557 Notwithstanding any other provision of law, the Department of
2558 Law Enforcement shall provide to the department electronic
2559 access to Florida criminal justice information that which is
2560 lawfully available and not exempt from s. 119.07(1), only for
2561 the purpose of protective investigations and emergency
2562 placement. As a condition of access to the such information, the
2563 department shall be required to execute an appropriate user
2564 agreement addressing the access, use, dissemination, and
2565 destruction of such information and to comply with all
2566 applicable laws and rules of the Department of Law Enforcement.
2567 Section 137. Subsection (9) of section 420.622, Florida
2568 Statutes, is amended to read:
2569 420.622 State Office on Homelessness; Council on
2570 Homelessness.—
2571 (9) The council shall, by June 30 of each year, beginning
2572 in 2010, provide issue to the Governor, the Legislature
2573 President of the Senate, the Speaker of the House of
2574 Representatives, and the Secretary of Children and Family
2575 Services an evaluation of the executive director’s performance
2576 in fulfilling the statutory duties of the office, a report
2577 summarizing the extent of homelessness in the state and the
2578 council’s recommendations to the office and the corresponding
2579 actions taken by the office, and any recommendations to the
2580 Legislature for reducing proposals to reduce homelessness in
2581 this state.
2582 Section 138. Subsection (4) of section 420.623, Florida
2583 Statutes, is repealed.
2584 Section 139. Subsection (9) of section 427.704, Florida
2585 Statutes, is amended to read:
2586 427.704 Powers and duties of the commission.—
2587 (9) The commission shall prepare provide to the President
2588 of the Senate and to the Speaker of the House of Representatives
2589 an annual report on the operation of the telecommunications
2590 access system which shall be available on the commission’s
2591 Internet website. The first report shall be provided no later
2592 than January 1, 1992, and successive reports shall be provided
2593 by January 1 of each year thereafter. Reports must shall be
2594 prepared in consultation with the administrator and the advisory
2595 committee appointed pursuant to s. 427.706. The reports must
2596 shall, at a minimum, briefly outline the status of developments
2597 in of the telecommunications access system, the number of
2598 persons served, the call volume, revenues and expenditures, the
2599 allocation of the revenues and expenditures between provision of
2600 specialized telecommunications devices to individuals and
2601 operation of statewide relay service, other major policy or
2602 operational issues, and proposals for improvements or changes to
2603 the telecommunications access system.
2604 Section 140. Subsection (2) of section 427.706, Florida
2605 Statutes, is amended to read:
2606 427.706 Advisory committee.—
2607 (2) The advisory committee shall provide the expertise,
2608 experience, and perspective of persons who are hearing impaired
2609 or speech impaired to the commission and to the administrator
2610 during all phases of the development and operation of the
2611 telecommunications access system. The advisory committee shall
2612 advise the commission and the administrator on any matter
2613 relating to the quality and cost-effectiveness of the
2614 telecommunications relay service and the specialized
2615 telecommunications devices distribution system. The advisory
2616 committee may submit material for inclusion in the annual report
2617 prepared pursuant to s. 427.704 to the President of the Senate
2618 and the Speaker of the House of Representatives.
2619 Section 141. Paragraph (b) of subsection (3) of section
2620 429.07, Florida Statutes, is amended to read:
2621 429.07 License required; fee.—
2622 (3) In addition to the requirements of s. 408.806, each
2623 license granted by the agency must state the type of care for
2624 which the license is granted. Licenses shall be issued for one
2625 or more of the following categories of care: standard, extended
2626 congregate care, limited nursing services, or limited mental
2627 health.
2628 (b) An extended congregate care license shall be issued to
2629 facilities providing, directly or through contract, services
2630 beyond those authorized in paragraph (a), including services
2631 performed by persons licensed under acts performed pursuant to
2632 part I of chapter 464 by persons licensed thereunder, and
2633 supportive services, as defined by rule, to persons who would
2634 otherwise would be disqualified from continued residence in a
2635 facility licensed under this part.
2636 1. In order for extended congregate care services to be
2637 provided in a facility licensed under this part, the agency must
2638 first determine that all requirements established in law and
2639 rule are met and must specifically designate, on the facility’s
2640 license, that such services may be provided and whether the
2641 designation applies to all or part of the a facility. Such
2642 designation may be made at the time of initial licensure or
2643 relicensure, or upon request in writing by a licensee under this
2644 part and part II of chapter 408. The notification of approval or
2645 the denial of the such request shall be made in accordance with
2646 part II of chapter 408. Existing facilities qualifying to
2647 provide extended congregate care services must have maintained a
2648 standard license and may not have been subject to administrative
2649 sanctions during the previous 2 years, or since initial
2650 licensure if the facility has been licensed for less than 2
2651 years, for any of the following reasons:
2652 a. A class I or class II violation;
2653 b. Three or more repeat or recurring class III violations
2654 of identical or similar resident care standards as specified in
2655 rule from which a pattern of noncompliance is found by the
2656 agency;
2657 c. Three or more class III violations that were not
2658 corrected in accordance with the corrective action plan approved
2659 by the agency;
2660 d. Violation of resident care standards which results in
2661 requiring the facility resulting in a requirement to employ the
2662 services of a consultant pharmacist or consultant dietitian;
2663 e. Denial, suspension, or revocation of a license for
2664 another facility licensed under this part in which the applicant
2665 for an extended congregate care license has at least 25 percent
2666 ownership interest; or
2667 f. Imposition of a moratorium pursuant to this part or part
2668 II of chapter 408 or initiation of injunctive proceedings.
2669 2. A facility that is Facilities that are licensed to
2670 provide extended congregate care services shall maintain a
2671 written progress report on each person who receives such
2672 services, which report describes the type, amount, duration,
2673 scope, and outcome of services that are rendered and the general
2674 status of the resident’s health. A registered nurse, or
2675 appropriate designee, representing the agency shall visit the
2676 facility such facilities at least quarterly to monitor residents
2677 who are receiving extended congregate care services and to
2678 determine if the facility is in compliance with this part, part
2679 II of chapter 408, and relevant rules that relate to extended
2680 congregate care. One of the these visits may be in conjunction
2681 with the regular survey. The monitoring visits may be provided
2682 through contractual arrangements with appropriate community
2683 agencies. A registered nurse shall serve as part of the team
2684 that inspects the such facility. The agency may waive one of the
2685 required yearly monitoring visits for a facility that has been
2686 licensed for at least 24 months to provide extended congregate
2687 care services, if, during the inspection, the registered nurse
2688 determines that extended congregate care services are being
2689 provided appropriately, and if the facility has no class I or
2690 class II violations and no uncorrected class III violations.
2691 Before such decision is made, The agency must first shall
2692 consult with the long-term care ombudsman council for the area
2693 in which the facility is located to determine if any complaints
2694 have been made and substantiated about the quality of services
2695 or care. The agency may not waive one of the required yearly
2696 monitoring visits if complaints have been made and
2697 substantiated.
2698 3. A facility Facilities that is are licensed to provide
2699 extended congregate care services must shall:
2700 a. Demonstrate the capability to meet unanticipated
2701 resident service needs.
2702 b. Offer a physical environment that promotes a homelike
2703 setting, provides for resident privacy, promotes resident
2704 independence, and allows sufficient congregate space as defined
2705 by rule.
2706 c. Have sufficient staff available, taking into account the
2707 physical plant and firesafety features of the building, to
2708 assist with the evacuation of residents in an emergency, as
2709 necessary.
2710 d. Adopt and follow policies and procedures that maximize
2711 resident independence, dignity, choice, and decisionmaking to
2712 permit residents to age in place to the extent possible, so that
2713 moves due to changes in functional status are minimized or
2714 avoided.
2715 e. Allow residents or, if applicable, a resident’s
2716 representative, designee, surrogate, guardian, or attorney in
2717 fact to make a variety of personal choices, participate in
2718 developing service plans, and share responsibility in
2719 decisionmaking.
2720 f. Implement the concept of managed risk.
2721 g. Provide, either directly or through contract, the
2722 services of a person licensed under pursuant to part I of
2723 chapter 464.
2724 h. In addition to the training mandated in s. 429.52,
2725 provide specialized training as defined by rule for facility
2726 staff.
2727 4. A facility that is Facilities licensed to provide
2728 extended congregate care services is are exempt from the
2729 criteria for continued residency as set forth in rules adopted
2730 under s. 429.41. A licensed facility must Facilities so licensed
2731 shall adopt its their own requirements within guidelines for
2732 continued residency set forth by rule. However, the facility
2733 such facilities may not serve residents who require 24-hour
2734 nursing supervision. A licensed facility that provides
2735 Facilities licensed to provide extended congregate care services
2736 must also shall provide each resident with a written copy of
2737 facility policies governing admission and retention.
2738 5. The primary purpose of extended congregate care services
2739 is to allow residents, as they become more impaired, the option
2740 of remaining in a familiar setting from which they would
2741 otherwise be disqualified for continued residency. A facility
2742 licensed to provide extended congregate care services may also
2743 admit an individual who exceeds the admission criteria for a
2744 facility with a standard license, if the individual is
2745 determined appropriate for admission to the extended congregate
2746 care facility.
2747 6. Before the admission of an individual to a facility
2748 licensed to provide extended congregate care services, the
2749 individual must undergo a medical examination as provided in s.
2750 429.26(4) and the facility must develop a preliminary service
2751 plan for the individual.
2752 7. When a facility can no longer provide or arrange for
2753 services in accordance with the resident’s service plan and
2754 needs and the facility’s policy, the facility shall make
2755 arrangements for relocating the person in accordance with s.
2756 429.28(1)(k).
2757 8. Failure to provide extended congregate care services may
2758 result in denial of extended congregate care license renewal.
2759 9. No later than January 1 of each year, the department, in
2760 consultation with the agency, shall prepare and submit to the
2761 Governor, the President of the Senate, the Speaker of the House
2762 of Representatives, and the chairs of appropriate legislative
2763 committees, a report on the status of, and recommendations
2764 related to, extended congregate care services. The status report
2765 must include, but need not be limited to, the following
2766 information:
2767 a. A description of the facilities licensed to provide such
2768 services, including total number of beds licensed under this
2769 part.
2770 b. The number and characteristics of residents receiving
2771 such services.
2772 c. The types of services rendered that could not be
2773 provided through a standard license.
2774 d. An analysis of deficiencies cited during licensure
2775 inspections.
2776 e. The number of residents who required extended congregate
2777 care services at admission and the source of admission.
2778 f. Recommendations for statutory or regulatory changes.
2779 g. The availability of extended congregate care to state
2780 clients residing in facilities licensed under this part and in
2781 need of additional services, and recommendations for
2782 appropriations to subsidize extended congregate care services
2783 for such persons.
2784 h. Such other information as the department considers
2785 appropriate.
2786 Section 142. Subsection (5) of section 429.41, Florida
2787 Statutes, is amended to read:
2788 429.41 Rules establishing standards.—
2789 (5) The agency may use an abbreviated biennial standard
2790 licensure inspection that consists of a review of key quality
2791 of-care standards in lieu of a full inspection in a facility
2792 that has facilities which have a good record of past
2793 performance. However, a full inspection must shall be conducted
2794 in a facility that has facilities which have had a history of
2795 class I or class II violations, uncorrected class III
2796 violations, confirmed ombudsman council complaints, or confirmed
2797 licensure complaints, within the previous licensure period
2798 immediately preceding the inspection or if when a potentially
2799 serious problem is identified during the abbreviated inspection.
2800 The agency, in consultation with the department, shall develop
2801 the key quality-of-care standards with input from the State
2802 Long-Term Care Ombudsman Council and representatives of provider
2803 groups for incorporation into its rules. The department, in
2804 consultation with the agency, shall report annually to the
2805 Legislature concerning its implementation of this subsection.
2806 The report shall include, at a minimum, the key quality-of-care
2807 standards which have been developed; the number of facilities
2808 identified as being eligible for the abbreviated inspection; the
2809 number of facilities which have received the abbreviated
2810 inspection and, of those, the number that were converted to full
2811 inspection; the number and type of subsequent complaints
2812 received by the agency or department on facilities which have
2813 had abbreviated inspections; any recommendations for
2814 modification to this subsection; any plans by the agency to
2815 modify its implementation of this subsection; and any other
2816 information which the department believes should be reported.
2817 Section 143. Subsections (3) through (17) of section
2818 430.04, Florida Statutes, are amended to read:
2819 430.04 Duties and responsibilities of the Department of
2820 Elderly Affairs.—The Department of Elderly Affairs shall:
2821 (3) Prepare and submit to the Governor, each Cabinet
2822 member, the President of the Senate, the Speaker of the House of
2823 Representatives, the minority leaders of the House and Senate,
2824 and chairpersons of appropriate House and Senate committees a
2825 master plan for policies and programs in the state related to
2826 aging. The plan must identify and assess the needs of the
2827 elderly population in the areas of housing, employment,
2828 education and training, medical care, long-term care, preventive
2829 care, protective services, social services, mental health,
2830 transportation, and long-term care insurance, and other areas
2831 considered appropriate by the department. The plan must assess
2832 the needs of particular subgroups of the population and evaluate
2833 the capacity of existing programs, both public and private and
2834 in state and local agencies, to respond effectively to
2835 identified needs. If the plan recommends the transfer of any
2836 program or service from the Department of Children and Family
2837 Services to another state department, the plan must also include
2838 recommendations that provide for an independent third-party
2839 mechanism, as currently exists in the Florida advocacy councils
2840 established in ss. 402.165 and 402.166, for protecting the
2841 constitutional and human rights of recipients of departmental
2842 services. The plan must include policy goals and program
2843 strategies designed to respond efficiently to current and
2844 projected needs. The plan must also include policy goals and
2845 program strategies to promote intergenerational relationships
2846 and activities. Public hearings and other appropriate processes
2847 shall be utilized by the department to solicit input for the
2848 development and updating of the master plan from parties
2849 including, but not limited to, the following:
2850 (a) Elderly citizens and their families and caregivers.
2851 (b) Local-level public and private service providers,
2852 advocacy organizations, and other organizations relating to the
2853 elderly.
2854 (c) Local governments.
2855 (d) All state agencies that provide services to the
2856 elderly.
2857 (e) University centers on aging.
2858 (f) Area agency on aging and community care for the elderly
2859 lead agencies.
2860 (3)(4) Serve as an information clearinghouse at the state
2861 level, and assist local-level information and referral resources
2862 as a repository and means for the dissemination of information
2863 regarding all federal, state, and local resources for assistance
2864 to the elderly in the areas of, but not limited to, health,
2865 social welfare, long-term care, protective services, consumer
2866 protection, education and training, housing, employment,
2867 recreation, transportation, insurance, and retirement.
2868 (4)(5) Recommend guidelines for the development of roles
2869 for state agencies that provide services for the aging, review
2870 plans of agencies that provide such services, and relay the
2871 these plans to the Governor and the Legislature, each Cabinet
2872 member, the President of the Senate, the Speaker of the House of
2873 Representatives, the minority leaders of the House and Senate,
2874 and chairpersons of appropriate House and Senate committees.
2875 (5)(6) Recommend to the Governor and the Legislature, each
2876 Cabinet member, the President of the Senate, the Speaker of the
2877 House of Representatives, the minority leaders of the House and
2878 Senate, and chairpersons of appropriate House and Senate
2879 committees an organizational framework for the planning,
2880 coordination, implementation, and evaluation of programs related
2881 to aging, with the purpose of expanding and improving programs
2882 and opportunities available to the state’s elderly population
2883 and enhancing a continuum of long-term care. This framework must
2884 ensure assure that:
2885 (a) Performance objectives are established.
2886 (b) Program reviews are conducted statewide.
2887 (c) Each major program related to aging is reviewed every 3
2888 years.
2889 (d) Agency budget requests reflect the results and
2890 recommendations of such program reviews.
2891 (d)(e) Program decisions reinforce lead to the distinctive
2892 roles established for state agencies that provide aging
2893 services.
2894 (6)(7) Advise the Governor and the Legislature, each
2895 Cabinet member, the President of the Senate, the Speaker of the
2896 House of Representatives, the minority leaders of the House and
2897 Senate, and the chairpersons of appropriate House and Senate
2898 committees regarding the need for and location of programs
2899 related to aging.
2900 (7)(8) Review and coordinate aging research plans of all
2901 state agencies to ensure that the conformance of research
2902 objectives address to issues and needs of the state’s elderly
2903 population addressed in the master plan for policies and
2904 programs related to aging. The research activities that must be
2905 reviewed and coordinated by the department include, but are not
2906 limited to, contracts with academic institutions, development of
2907 educational and training curriculums, Alzheimer’s disease and
2908 other medical research, studies of long-term care and other
2909 personal assistance needs, and design of adaptive or modified
2910 living environments.
2911 (8)(9) Review budget requests for programs related to aging
2912 to ensure the most cost-effective use of state funding for the
2913 state’s elderly population for compliance with the master plan
2914 for policies and programs related to aging before submission to
2915 the Governor and the Legislature.
2916 (10) Update the master plan for policies and programs
2917 related to aging every 3 years.
2918 (11) Review implementation of the master plan for programs
2919 and policies related to aging and annually report to the
2920 Governor, each Cabinet member, the President of the Senate, the
2921 Speaker of the House of Representatives, the minority leaders of
2922 the House and Senate, and the chairpersons of appropriate House
2923 and Senate committees the progress towards implementation of the
2924 plan.
2925 (9)(12) Request other departments that administer programs
2926 affecting the state’s elderly population to amend their plans,
2927 rules, policies, and research objectives as necessary to ensure
2928 that programs and other initiatives are coordinated and maximize
2929 the state’s efforts to address the needs of the elderly conform
2930 with the master plan for policies and programs related to aging.
2931 (10)(13) Hold public meetings regularly throughout the
2932 state to receive for purposes of receiving information and
2933 maximize maximizing the visibility of important issues relating
2934 to aging and the elderly.
2935 (11)(14) Conduct policy analysis and program evaluation
2936 studies assigned by the Legislature.
2937 (12)(15) Assist the Governor, each Cabinet member, and
2938 members of the Legislature the President of the Senate, the
2939 Speaker of the House of Representatives, the minority leaders of
2940 the House and Senate, and the chairpersons of appropriate House
2941 and Senate committees in conducting the conduct of their
2942 responsibilities in such capacities as they consider
2943 appropriate.
2944 (13)(16) Call upon appropriate agencies of state government
2945 for such assistance as is needed in the discharge of its duties.
2946 All agencies shall cooperate in assisting the department in
2947 carrying out its responsibilities as prescribed by this section.
2948 However, the no provision of law regarding with respect to
2949 confidentiality of information may not be violated.
2950 (14)(17) Be designated as a state agency that is eligible
2951 to receive federal funds for adults who are eligible for
2952 assistance through the portion of the federal Child and Adult
2953 Care Food Program for adults, which is referred to as the Adult
2954 Care Food Program, and that is responsible for establishing and
2955 administering the program. The purpose of the Adult Care Food
2956 Program is to provide nutritious and wholesome meals and snacks
2957 for adults in nonresidential day care centers or residential
2958 treatment facilities. To ensure the quality and integrity of the
2959 program, the department shall develop standards and procedures
2960 that govern sponsoring organizations and adult day care centers.
2961 The department shall follow federal requirements and may adopt
2962 any rules necessary to administer pursuant to ss. 120.536(1) and
2963 120.54 for the implementation of the Adult Care Food program
2964 and. With respect to the Adult Care Food Program, the department
2965 shall adopt rules pursuant to ss. 120.536(1) and 120.54 that
2966 implement relevant federal regulations, including 7 C.F.R. part
2967 226. The rules may address, at a minimum, the program
2968 requirements and procedures identified in this subsection.
2969 Section 144. Subsections (3) and (8) of section 430.502,
2970 Florida Statutes, are amended to read:
2971 430.502 Alzheimer’s disease; memory disorder clinics and
2972 day care and respite care programs.—
2973 (3) The Alzheimer’s Disease Advisory Committee shall must
2974 evaluate and make recommendations to the department and the
2975 Legislature concerning the need for additional memory disorder
2976 clinics in the state. The first report will be due by December
2977 31, 1995.
2978 (8) The department shall will implement the waiver program
2979 specified in subsection (7). The agency and the department shall
2980 ensure that providers who are selected that have a history of
2981 successfully serving persons with Alzheimer’s disease are
2982 selected. The department and the agency shall develop
2983 specialized standards for providers and services tailored to
2984 persons in the early, middle, and late stages of Alzheimer’s
2985 disease and designate a level of care determination process and
2986 standard that is most appropriate to this population. The
2987 department and the agency shall include in the waiver services
2988 designed to assist the caregiver in continuing to provide in
2989 home care. The department shall implement this waiver program
2990 subject to a specific appropriation or as provided in the
2991 General Appropriations Act. The department and the agency shall
2992 submit their program design to the President of the Senate and
2993 the Speaker of the House of Representatives for consultation
2994 during the development process.
2995 Section 145. Subsection (1) and paragraph (a) of subsection
2996 (6) of section 445.006, Florida Statutes, are amended to read:
2997 445.006 Strategic and operational plans for workforce
2998 development.—
2999 (1) Workforce Florida, Inc., in conjunction with state and
3000 local partners in the workforce system, shall develop a
3001 strategic plan that produces for workforce, with the goal of
3002 producing skilled employees for employers in the state. The
3003 strategic plan shall be submitted to the Governor, the President
3004 of the Senate, and the Speaker of the House of Representatives
3005 by February 1, 2001. The strategic plan shall be updated or
3006 modified by January 1 of each year thereafter. The plan must
3007 include, but need not be limited to, strategies for:
3008 (a) Fulfilling the workforce system goals and strategies
3009 prescribed in s. 445.004;
3010 (b) Aggregating, integrating, and leveraging workforce
3011 system resources;
3012 (c) Coordinating the activities of federal, state, and
3013 local workforce system partners;
3014 (d) Addressing the workforce needs of small businesses; and
3015 (e) Fostering the participation of rural communities and
3016 distressed urban cores in the workforce system.
3017 (6)(a) The operational plan must include strategies that
3018 are designed to prevent or reduce the need for a person to
3019 receive public assistance. The These strategies must include:
3020 1. A teen pregnancy prevention component that includes, but
3021 is not limited to, a plan for implementing the Florida Education
3022 Now and Babies Later (ENABL) program under s. 411.242 and the
3023 Teen Pregnancy Prevention Community Initiative within each
3024 county of the services area in which the teen birth rate is
3025 higher than the state average;
3026 2. A component that encourages creation of community-based
3027 welfare prevention and reduction initiatives that increase
3028 support provided by noncustodial parents to their welfare
3029 dependent children and are consistent with program and financial
3030 guidelines developed by Workforce Florida, Inc., and the
3031 Commission on Responsible Fatherhood. These initiatives may
3032 include, but are not limited to, improved paternity
3033 establishment, work activities for noncustodial parents,
3034 programs aimed at decreasing out-of-wedlock pregnancies,
3035 encouraging involvement of fathers with their children which
3036 includes including court-ordered supervised visitation, and
3037 increasing child support payments;
3038 3. A component that encourages formation and maintenance of
3039 two-parent families through, among other things, court-ordered
3040 supervised visitation;
3041 4. A component that fosters responsible fatherhood in
3042 families receiving assistance; and
3043 5. A component that fosters the provision of services that
3044 reduce the incidence and effects of domestic violence on women
3045 and children in families receiving assistance.
3046 Section 146. Subsection (8) of section 455.2226, Florida
3047 Statutes, is repealed.
3048 Section 147. Subsection (6) of section 455.2228, Florida
3049 Statutes, is repealed.
3050 Section 148. Section 456.005, Florida Statutes, is amended
3051 to read:
3052 456.005 Long-range policy planning; plans, reports, and
3053 recommendations.—To facilitate efficient and cost-effective
3054 regulation, the department and the board, if where appropriate,
3055 shall develop and implement a long-range policy planning and
3056 monitoring process that includes to include recommendations
3057 specific to each profession. The Such process shall include
3058 estimates of revenues, expenditures, cash balances, and
3059 performance statistics for each profession. The period covered
3060 may shall not be less than 5 years. The department, with input
3061 from the boards and licensees, shall develop and adopt the long
3062 range plan and must obtain the approval of the State Surgeon
3063 General. The department shall monitor compliance with the
3064 approved long-range plan and, with input from the boards and
3065 licensees, shall annually update the plans for approval by the
3066 State Surgeon General. The department shall provide concise
3067 management reports to the boards quarterly. As part of the
3068 review process, the department shall evaluate:
3069 (1) Whether the department, including the boards and the
3070 various functions performed by the department, is operating
3071 efficiently and effectively and if there is a need for a board
3072 or council to assist in cost-effective regulation.
3073 (2) How and why the various professions are regulated.
3074 (3) Whether there is a need to continue regulation, and to
3075 what degree.
3076 (4) Whether or not consumer protection is adequate, and how
3077 it can be improved.
3078 (5) Whether there is consistency between the various
3079 practice acts.
3080 (6) Whether unlicensed activity is adequately enforced.
3081
3082 The Such plans shall should include conclusions and
3083 recommendations on these and other issues as appropriate. Such
3084 plans shall be provided to the Governor and the Legislature by
3085 November 1 of each year.
3086 Section 149. Subsection (9) of section 456.025, Florida
3087 Statutes, is amended to read:
3088 456.025 Fees; receipts; disposition.—
3089 (9) The department shall provide a condensed management
3090 report of revenues and expenditures budgets, finances,
3091 performance measures statistics, and recommendations to each
3092 board at least once a quarter. The department shall identify and
3093 include in such presentations any changes, or projected changes,
3094 made to the board’s budget since the last presentation.
3095 Section 150. Subsection (6) of section 456.034, Florida
3096 Statutes, is repealed.
3097 Section 151. Subsections (3) and (4) of section 517.302,
3098 Florida Statutes, are amended to read:
3099 517.302 Criminal penalties; alternative fine; Anti-Fraud
3100 Trust Fund; time limitation for criminal prosecution.—
3101 (3) In lieu of a fine otherwise authorized by law, a person
3102 who has been convicted of or who has pleaded guilty or no
3103 contest to having engaged in conduct in violation of the
3104 provisions of this chapter may be sentenced to pay a fine that
3105 does not exceed the greater of three times the gross value
3106 gained or three times the gross loss caused by such conduct,
3107 plus court costs and the costs of investigation and prosecution
3108 reasonably incurred.
3109 (4)(a) There is created within the office a trust fund to
3110 be known as the Anti-Fraud Trust Fund. Any amounts assessed as
3111 costs of investigation and prosecution under this subsection
3112 shall be deposited in the trust fund. Funds deposited in the
3113 such trust fund must shall be used, when authorized by
3114 appropriation, for investigation and prosecution of
3115 administrative, civil, and criminal actions arising under the
3116 provisions of this chapter. Funds may also be used to improve
3117 the public’s awareness and understanding of prudent investing.
3118 (b) The office shall report to the Executive Office of the
3119 Governor annually by November 15, the amounts deposited into the
3120 Anti-Fraud Trust Fund during the previous fiscal year. The
3121 Executive Office of the Governor shall distribute these reports
3122 to the President of the Senate and the Speaker of the House of
3123 Representatives.
3124 (5)(4) Criminal prosecution for offenses under this chapter
3125 is subject to the time limitations in of s. 775.15.
3126 Section 152. Subsection (3) of section 531.415, Florida
3127 Statutes, is repealed.
3128 Section 153. Subsection (3) of section 570.0705, Florida
3129 Statutes, is repealed.
3130 Section 154. Subsection (5) of section 570.0725, Florida
3131 Statutes, is amended to read:
3132 570.0725 Food recovery; legislative intent; department
3133 functions.—
3134 (5) The department shall account for the direct and
3135 indirect costs associated with supporting food recovery programs
3136 throughout the state. It shall submit an electronic a report to
3137 the President of the Senate and the Speaker of the House of
3138 Representatives by November 1, for the previous fiscal year,
3139 when state funds are spent for this purpose. The report must
3140 include, but need not be limited to, the identity of
3141 organizations receiving funds, the amount of funds disbursed to
3142 these organizations, other uses of food recovery funds, and
3143 estimates of the amount of fresh produce recovered.
3144 Section 155. Subsection (3) of section 570.543, Florida
3145 Statutes, is repealed.
3146 Section 156. Section 590.33, Florida Statutes, is amended
3147 to read:
3148 590.33 State compact administrator; compact advisory
3149 committee.—In pursuance of art. III of the compact, the director
3150 of the division shall act as compact administrator for Florida
3151 of the Southeastern Interstate Forest Fire Protection Compact
3152 during his or her term of office as director, and his or her
3153 successor as compact administrator shall be his or her successor
3154 as director of the division. As compact administrator he or she
3155 shall be an ex officio member of the advisory committee of the
3156 Southeastern Interstate Forest Fire Protection Compact, and
3157 chair ex officio of the Florida members of the advisory
3158 committee. There shall be four members of the Southeastern
3159 Interstate Forest Fire Protection Compact Advisory Committee
3160 from Florida. Two of the members from Florida shall be members
3161 of the Legislature of Florida, one from the Senate and one from
3162 the House of Representatives, designated by the Florida
3163 Commission on Interstate Cooperation, and the terms of any such
3164 members shall terminate at the time they cease to hold
3165 legislative office, and their successors as members shall be
3166 named in like manner. The Governor shall appoint the other two
3167 members from Florida, one of whom shall be associated with
3168 forestry or forest products industries. The terms of such
3169 members shall be 3 years and such members shall hold office
3170 until their respective successors shall be appointed and
3171 qualified. Vacancies occurring in the office of such members
3172 from any reason or cause shall be filled by appointment by the
3173 Governor for the unexpired term. The director of the division as
3174 compact administrator for Florida may delegate, from time to
3175 time, to any deputy or other subordinate in his or her
3176 department or office, the power to be present and participate,
3177 including voting as his or her representative or substitute at
3178 any meeting of or hearing by or other proceeding of the compact
3179 administrators or of the advisory committee. The terms of each
3180 of the initial four memberships, whether appointed at said time
3181 or not, shall begin upon the date upon which the compact shall
3182 become effective in accordance with art. II of said compact. Any
3183 member of the advisory committee may be removed from office by
3184 the Governor upon charges and after a hearing.
3185 Section 157. Section 603.204, Florida Statutes, is amended
3186 to read:
3187 603.204 South Florida Tropical Fruit Plan.—
3188 (1) The Commissioner of Agriculture, in consultation with
3189 the Tropical Fruit Advisory Council, shall develop and update,
3190 at least 90 days prior to the 1991 legislative session, submit
3191 to the President of the Senate, the Speaker of the House of
3192 Representatives, and the chairs of appropriate Senate and House
3193 of Representatives committees, a South Florida Tropical Fruit
3194 Plan, which shall identify problems and constraints of the
3195 tropical fruit industry, propose possible solutions to such
3196 problems, and develop planning mechanisms for orderly growth of
3197 the industry, including:
3198 (1)(a) Criteria for tropical fruit research, service, and
3199 management priorities.
3200 (2)(b) Additional Proposed legislation that which may be
3201 required.
3202 (3)(c) Plans relating to other tropical fruit programs and
3203 related disciplines in the State University System.
3204 (4)(d) Potential tropical fruit products in terms of market
3205 and needs for development.
3206 (5)(e) Evaluation of production and fresh fruit policy
3207 alternatives, including, but not limited to, setting minimum
3208 grades and standards, promotion and advertising, development of
3209 production and marketing strategies, and setting minimum
3210 standards on types and quality of nursery plants.
3211 (6)(f) Evaluation of policy alternatives for processed
3212 tropical fruit products, including, but not limited to, setting
3213 minimum quality standards and development of production and
3214 marketing strategies.
3215 (7)(g) Research and service priorities for further
3216 development of the tropical fruit industry.
3217 (8)(h) Identification of state agencies and public and
3218 private institutions concerned with research, education,
3219 extension, services, planning, promotion, and marketing
3220 functions related to tropical fruit development, and delineation
3221 of contributions and responsibilities. The recommendations in
3222 the South Florida Tropical Fruit plan relating to education or
3223 research shall be submitted to the Institute of Food and
3224 Agricultural Sciences. The recommendations relating to
3225 regulation or marketing shall be submitted to the Department of
3226 Agriculture and Consumer Services.
3227 (9)(i) Business planning, investment potential, financial
3228 risks, and economics of production and use utilization.
3229 (2) A revision and update of the South Florida Tropical
3230 Fruit Plan shall be submitted biennially, and a progress report
3231 and budget request shall be submitted annually, to the officials
3232 specified in subsection (1).
3233 Section 158. Subsection (6) of section 627.64872, Florida
3234 Statutes, is amended to read:
3235 627.64872 Florida Health Insurance Plan.—
3236 (6) INTERIM REPORT; ANNUAL REPORT.—
3237 (a) By no later than December 1, 2004, the board shall
3238 report to the Governor, the President of the Senate, and the
3239 Speaker of the House of Representatives the results of an
3240 actuarial study conducted by the board to determine, including,
3241 but not limited to:
3242 1. The impact the creation of the plan will have on the
3243 small group insurance market and the individual market on
3244 premiums paid by insureds. This shall include an estimate of the
3245 total anticipated aggregate savings for all small employers in
3246 the state.
3247 2. The number of individuals the pool could reasonably
3248 cover at various funding levels, specifically, the number of
3249 people the pool may cover at each of those funding levels.
3250 3. A recommendation as to the best source of funding for
3251 the anticipated deficits of the pool.
3252 4. The effect on the individual and small group market by
3253 including in the Florida Health Insurance Plan persons eligible
3254 for coverage under s. 627.6487, as well as the cost of including
3255 these individuals.
3256
3257 The board shall take no action to implement the Florida Health
3258 Insurance Plan, other than the completion of the actuarial study
3259 authorized in this paragraph, until funds are appropriated for
3260 startup cost and any projected deficits.
3261 (b) No later than December 1, 2005, and annually
3262 thereafter, The board shall annually submit to the Governor, the
3263 President of the Senate, and the Speaker of the House of
3264 Representatives, and the substantive legislative committees of
3265 the Legislature a report that which includes an independent
3266 actuarial study to determine, without limitation, the following
3267 including, but not be limited to:
3268 (a)1. The effect impact the creation of the plan has on the
3269 small group and individual insurance market, specifically on the
3270 premiums paid by insureds, including. This shall include an
3271 estimate of the total anticipated aggregate savings for all
3272 small employers in the state.
3273 (b)2. The actual number of individuals covered at the
3274 current funding and benefit level, the projected number of
3275 individuals that may seek coverage in the forthcoming fiscal
3276 year, and the projected funding needed to cover anticipated
3277 increase or decrease in plan participation.
3278 (c)3. A recommendation as to the best source of funding for
3279 the anticipated deficits of the pool.
3280 (d)4. A summary summarization of the activities of the plan
3281 in the preceding calendar year, including the net written and
3282 earned premiums, plan enrollment, the expense of administration,
3283 and the paid and incurred losses.
3284 (e)5. A review of the operation of the plan as to whether
3285 the plan has met the intent of this section.
3286
3287 The board may not implement the Florida Health Insurance Plan
3288 until funds are appropriated for startup costs and any projected
3289 deficits; however, the board may complete the actuarial study
3290 authorized in this subsection.
3291 Section 159. Subsections (5) and (7) of section 744.708,
3292 Florida Statutes, are amended to read:
3293 744.708 Reports and standards.—
3294 (5)(a) Each office of public guardian shall undergo an
3295 independent audit by a qualified certified public accountant at
3296 least once every 2 years. A copy of the audit report shall be
3297 submitted to the Statewide Public Guardianship Office.
3298 (b) In addition to regular monitoring activities, the
3299 Statewide Public Guardianship Office shall conduct an
3300 investigation into the practices of each office of public
3301 guardian related to the managing of each ward’s personal affairs
3302 and property. If When feasible, the investigation required under
3303 this paragraph shall be conducted in conjunction with the
3304 financial audit of each office of public guardian under
3305 paragraph (a).
3306 (c) In addition, each office of public guardian shall be
3307 subject to audits or examinations by the Auditor General and the
3308 Office of Program Policy Analysis and Government Accountability
3309 pursuant to law.
3310 (7) The ratio for professional staff to wards shall be 1
3311 professional to 40 wards. The Statewide Public Guardianship
3312 Office may increase or decrease the ratio after consultation
3313 with the local public guardian and the chief judge of the
3314 circuit court. The basis for of the decision to increase or
3315 decrease the prescribed ratio must shall be included reported in
3316 the annual report to the secretary of Elderly Affairs, the
3317 Governor, the President of the Senate, the Speaker of the House
3318 of Representatives, and the Chief Justice of the Supreme Court.
3319 Section 160. Subsection (8) of section 790.22, Florida
3320 Statutes, is amended to read:
3321 790.22 Use of BB guns, air or gas-operated guns, or
3322 electric weapons or devices by minor under 16; limitation;
3323 possession of firearms by minor under 18 prohibited; penalties.—
3324 (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor
3325 under 18 years of age is charged with an offense that involves
3326 the use or possession of a firearm, as defined in s. 790.001,
3327 including a violation of subsection (3), or is charged for any
3328 offense during the commission of which the minor possessed a
3329 firearm, the minor shall be detained in secure detention, unless
3330 the state attorney authorizes the release of the minor, and
3331 shall be given a hearing within 24 hours after being taken into
3332 custody. At the hearing, the court may order that the minor
3333 continue to be held in secure detention in accordance with the
3334 applicable time periods specified in s. 985.26(1)-(5), if the
3335 court finds that the minor meets the criteria specified in s.
3336 985.255, or if the court finds by clear and convincing evidence
3337 that the minor is a clear and present danger to himself or
3338 herself or the community. The Department of Juvenile Justice
3339 shall prepare a form for all minors charged under this
3340 subsection which that states the period of detention and the
3341 relevant demographic information, including, but not limited to,
3342 the gender sex, age, and race of the minor; whether or not the
3343 minor was represented by private counsel or a public defender;
3344 the current offense; and the minor’s complete prior record,
3345 including any pending cases. The form shall be provided to the
3346 judge for to be considered when determining whether the minor
3347 should be continued in secure detention under this subsection.
3348 An order placing a minor in secure detention because the minor
3349 is a clear and present danger to himself or herself or the
3350 community must be in writing, must specify the need for
3351 detention and the benefits derived by the minor or the community
3352 by placing the minor in secure detention, and must include a
3353 copy of the form provided by the department. The Department of
3354 Juvenile Justice must send the form, including a copy of any
3355 order, without client-identifying information, to the Office of
3356 Economic and Demographic Research.
3357 Section 161. Section 943.125, Florida Statutes, is amended
3358 to read:
3359 943.125 Law enforcement agency accreditation; intent.—
3360 (1) LEGISLATIVE INTENT.—
3361 (1)(a) It is the intent of the Legislature that law
3362 enforcement agencies in the state be upgraded and strengthened
3363 through the adoption of meaningful standards of operation for
3364 those agencies.
3365 (2)(b) It is the further intent of the Legislature that law
3366 enforcement agencies voluntarily adopt standards designed to
3367 promote equal and fair law enforcement, to maximize the
3368 capability of law enforcement agencies to prevent and control
3369 criminal activities, and to increase interagency cooperation
3370 throughout the state.
3371 (3)(c) It is further the intent of the Legislature to
3372 encourage the Florida Sheriffs Association and the Florida
3373 Police Chiefs Association to develop, either jointly or
3374 separately, a law enforcement agency accreditation program. The
3375 Such program must shall be independent of any law enforcement
3376 agency, the Florida Sheriffs Association, or the Florida Police
3377 Chiefs Association. The Any such law enforcement agency
3378 accreditation program must should address, at a minimum, the
3379 following aspects of law enforcement:
3380 (a)1. Vehicle pursuits.
3381 (b)2. Seizure and forfeiture of contraband articles.
3382 (c)3. Recording and processing citizens’ complaints.
3383 (d)4. Use of force.
3384 (e)5. Traffic stops.
3385 (f)6. Handling natural and manmade disasters.
3386 (g)7. Special operations.
3387 (h)8. Prisoner transfer.
3388 (i)9. Collection and preservation of evidence.
3389 (j)10. Recruitment and selection.
3390 (k)11. Officer training.
3391 (l)12. Performance evaluations.
3392 (m)13. Law enforcement disciplinary procedures and rights.
3393 (n)14. Use of criminal investigative funds.
3394 (2) FEASIBILITY AND STATUS REPORT.—The Florida Sheriffs
3395 Association and the Florida Police Chiefs Association, either
3396 jointly or separately, shall report to the Speaker of the House
3397 of Representatives and the President of the Senate regarding the
3398 feasibility of a law enforcement agency accreditation program
3399 and the status of the efforts of the Florida Sheriffs
3400 Association and the Florida Police Chiefs Association to develop
3401 a law enforcement agency accreditation program as provided in
3402 this section.
3403 Section 162. Subsection (9) of section 943.68, Florida
3404 Statutes, is amended to read:
3405 943.68 Transportation and protective services.—
3406 (9) The department shall submit a report each July 15 to
3407 the President of the Senate, Speaker of the House of
3408 Representatives, Governor, the Legislature, and members of the
3409 Cabinet, detailing all transportation and protective services
3410 provided under subsections (1), (5), and (6) within the
3411 preceding fiscal year. Each report shall include a detailed
3412 accounting of the cost of such transportation and protective
3413 services, including the names of persons provided such services
3414 and the nature of state business performed.
3415 Section 163. Paragraph (f) of subsection (3) of section
3416 944.801, Florida Statutes, is amended to read:
3417 944.801 Education for state prisoners.—
3418 (3) The responsibilities of the Correctional Education
3419 Program shall be to:
3420 (f) Report annual activities to the Secretary of
3421 Corrections, the Commissioner of Education, the Governor, and
3422 the Legislature.
3423 Section 164. Subsection (10) of section 945.35, Florida
3424 Statutes, is repealed.
3425 Section 165. Subsection (9) of section 958.045, Florida
3426 Statutes, is repealed.
3427 Section 166. Paragraph (c) of subsection (1) of section
3428 960.045, Florida Statutes, is amended to read:
3429 960.045 Department of Legal Affairs; powers and duties.—It
3430 shall be the duty of the department to assist persons who are
3431 victims of crime.
3432 (1) The department shall:
3433 (c) Prepare an annual Render, prior to January 1 of each
3434 year, to the presiding officers of the Senate and House of
3435 Representatives a written report of the activities of the Crime
3436 Victims’ Services Office, which shall be available on the
3437 department’s Internet website.
3438 Section 167. Paragraph (c) of subsection (8) of section
3439 985.02, Florida Statutes, is repealed.
3440 Section 168. Subsections (3), (4), and (5) of section
3441 985.047, Florida Statutes, are amended to read:
3442 985.047 Information systems.—
3443 (3) In order to assist in the integration of the
3444 information to be shared, the sharing of information obtained,
3445 the joint planning on diversion and early intervention
3446 strategies for juveniles at risk of becoming serious habitual
3447 juvenile offenders, and the intervention strategies for serious
3448 habitual juvenile offenders, a multiagency task force should be
3449 organized and utilized by the law enforcement agency or county
3450 in conjunction with the initiation of the information system
3451 described in subsections (1) and (2). The multiagency task force
3452 shall be composed of representatives of those agencies and
3453 persons providing information for the central identification
3454 file and the multiagency information sheet.
3455 (4) This multiagency task force shall develop a plan for
3456 the information system that includes measures which identify and
3457 address any disproportionate representation of ethnic or racial
3458 minorities in the information systems and shall develop
3459 strategies that address the protection of individual
3460 constitutional rights.
3461 (3)(5) A Any law enforcement agency, or county that which
3462 implements a juvenile offender information system and the
3463 multiagency task force which maintain the information system
3464 must annually provide any information gathered during the
3465 previous year to the delinquency and gang prevention council of
3466 the judicial circuit in which the county is located. This
3467 information must shall include the number, types, and patterns
3468 of delinquency tracked by the juvenile offender information
3469 system.
3470 Section 169. Paragraph (a) of subsection (8) of section
3471 985.47, Florida Statutes, is amended to read:
3472 985.47 Serious or habitual juvenile offender.—
3473 (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
3474 chapter and the establishment of appropriate program guidelines
3475 and standards, contractual instruments, which shall include
3476 safeguards of all constitutional rights, shall be developed as
3477 follows:
3478 (a) The department shall provide for:
3479 1. The Oversight of the implementation of assessment and
3480 treatment approaches.
3481 2. The Identification and prequalification of appropriate
3482 individuals or not-for-profit organizations, including minority
3483 individuals or organizations when possible, to provide
3484 assessment and treatment services to serious or habitual
3485 delinquent children.
3486 3. The Monitoring and evaluation of assessment and
3487 treatment services for compliance with this chapter and all
3488 applicable rules and guidelines pursuant thereto.
3489 4. The development of an annual report on the performance
3490 of assessment and treatment to be presented to the Governor, the
3491 Attorney General, the President of the Senate, the Speaker of
3492 the House of Representatives, and the Auditor General no later
3493 than January 1 of each year.
3494 Section 170. Paragraph (a) of subsection (8) of section
3495 985.483, Florida Statutes, is amended to read:
3496 985.483 Intensive residential treatment program for
3497 offenders less than 13 years of age.—
3498 (8) ASSESSMENT AND TREATMENT SERVICES.—Pursuant to this
3499 chapter and the establishment of appropriate program guidelines
3500 and standards, contractual instruments, which shall include
3501 safeguards of all constitutional rights, shall be developed for
3502 intensive residential treatment programs for offenders less than
3503 13 years of age as follows:
3504 (a) The department shall provide for:
3505 1. The Oversight of the implementation of assessment and
3506 treatment approaches.
3507 2. The Identification and prequalification of appropriate
3508 individuals or not-for-profit organizations, including minority
3509 individuals or organizations when possible, to provide
3510 assessment and treatment services to intensive offenders less
3511 than 13 years of age.
3512 3. The Monitoring and evaluation of assessment and
3513 treatment services for compliance with this chapter and all
3514 applicable rules and guidelines pursuant thereto.
3515 4. The development of an annual report on the performance
3516 of assessment and treatment to be presented to the Governor, the
3517 Attorney General, the President of the Senate, the Speaker of
3518 the House of Representatives, the Auditor General, and the
3519 Office of Program Policy Analysis and Government Accountability
3520 no later than January 1 of each year.
3521 Section 171. Subsection (5) of section 985.61, Florida
3522 Statutes, is repealed.
3523 Section 172. Subsection (1) of section 985.622, Florida
3524 Statutes, is amended to read:
3525 985.622 Multiagency plan for vocational education.—
3526 (1) The Department of Juvenile Justice and the Department
3527 of Education shall, in consultation with the statewide Workforce
3528 Development Youth Council, school districts, providers, and
3529 others, jointly develop a multiagency plan for vocational
3530 education that establishes the curriculum, goals, and outcome
3531 measures for vocational programs in juvenile commitment
3532 facilities. The plan must include:
3533 (a) Provisions for maximizing appropriate state and federal
3534 funding sources, including funds under the Workforce Investment
3535 Act and the Perkins Act;
3536 (b) The responsibilities of both departments and all other
3537 appropriate entities; and
3538 (c) A detailed implementation schedule.
3539
3540 The plan must be submitted to the Governor, the President of the
3541 Senate, and the Speaker of the House of Representatives by May
3542 1, 2001.
3543 Section 173. Subsection (7) of section 985.632, Florida
3544 Statutes, is repealed.
3545 Section 174. Subsection (4) of section 1003.61, Florida
3546 Statutes, is repealed.
3547 Section 175. Subsection (6) of section 1004.50, Florida
3548 Statutes, is repealed.
3549 Section 176. Section 1006.0605, Florida Statutes, is
3550 repealed.
3551 Section 177. Section 1006.67, Florida Statutes, is
3552 repealed.
3553 Section 178. Subsection (8) of section 1009.70, Florida
3554 Statutes, is amended to read:
3555 1009.70 Florida Education Fund.—
3556 (8) There is created a legal education component of the
3557 Florida Education Fund to provide the opportunity for minorities
3558 to attain representation within the legal profession
3559 proportionate to their representation within the general
3560 population. The legal education component of the Florida
3561 Education Fund includes a law school program and a pre-law
3562 program.
3563 (a) The law school scholarship program of the Florida
3564 Education Fund is to be administered by the Board of Directors
3565 of the Florida Education Fund for the purpose of increasing by
3566 200 the number of minority students enrolled in law schools in
3567 this state by 200. Implementation of this program is to be
3568 phased in over a 3-year period.
3569 1. The board of directors shall provide financial,
3570 academic, and other support to students selected for
3571 participation in this program from funds appropriated by the
3572 Legislature.
3573 2. Student selection must be made in accordance with rules
3574 adopted by the board of directors for that purpose and must be
3575 based, at least in part, on an assessment of potential for
3576 success, merit, and financial need.
3577 3. Support must be made available to students who enroll in
3578 private, as well as public, law schools in this state which are
3579 accredited by the American Bar Association.
3580 4. Scholarships must be paid directly to the participating
3581 students.
3582 5. Students who participate in this program must agree in
3583 writing to sit for The Florida Bar examination and, upon
3584 successful admission to The Florida Bar, to either practice law
3585 in the state for a period of time equal to the amount of time
3586 for which the student received aid, up to 3 years, or repay the
3587 amount of aid received.
3588 6. Annually, the board of directors shall compile a report
3589 that includes a description of the selection process, an
3590 analysis of the academic progress of all scholarship recipients,
3591 and an analysis of expenditures. This report must be submitted
3592 to the President of the Senate, the Speaker of the House of
3593 Representatives, and the Governor.
3594 (b) The minority pre-law scholarship loan program of the
3595 Florida Education Fund is to be administered by the Board of
3596 Directors of the Florida Education Fund for the purpose of
3597 increasing the opportunity of minority students to prepare for
3598 law school.
3599 1. From funds appropriated by the Legislature, the board of
3600 directors shall provide for student fees, room, board, books,
3601 supplies, and academic and other support to selected minority
3602 undergraduate students matriculating at eligible public and
3603 independent colleges and universities in Florida.
3604 2. Student selection must be made in accordance with rules
3605 adopted by the board of directors for that purpose and must be
3606 based, at least in part, on an assessment of potential for
3607 success, merit, and financial need.
3608 3. To be eligible, a student must make a written agreement
3609 to enter or be accepted to enter a law school in this state
3610 within 2 years after graduation or repay the scholarship loan
3611 amount plus interest at the prevailing rate.
3612 4. Recipients who fail to gain admission to a law school
3613 within the specified period of time, may, upon admission to law
3614 school, be eligible to have their loans canceled.
3615 5. Minority pre-law scholarship loans shall be provided to
3616 34 minority students per year for up to 4 years each, for a
3617 total of 136 scholarship loans. To continue receiving receipt of
3618 scholarship loans, recipients must maintain a 2.75 grade point
3619 average for the freshman year and a 3.25 grade point average
3620 thereafter. Participants must also take specialized courses to
3621 enhance competencies in English and logic.
3622 6. The board of directors shall maintain records on all
3623 scholarship loan recipients. Participating institutions shall
3624 submit academic progress reports to the board of directors
3625 following each academic term. Annually, the board of directors
3626 shall compile a report that includes a description of the
3627 selection process, an analysis of the academic progress of all
3628 scholarship loan recipients, and an analysis of expenditures.
3629 This report must be submitted to the President of the Senate,
3630 the Speaker of the House of Representatives, and the Governor.
3631 Section 179. Subsection (8) of section 1011.32, Florida
3632 Statutes, is amended to read:
3633 1011.32 Community College Facility Enhancement Challenge
3634 Grant Program.—
3635 (8) By September 1 of each year, the State Board of
3636 Education shall transmit to the Governor and the Legislature a
3637 list of projects that which meet all eligibility requirements to
3638 participate in the Community College Facility Enhancement
3639 Challenge Grant Program and a budget request that which includes
3640 the recommended schedule necessary to complete each project.
3641 Section 180. Paragraph (s) of subsection (1) of section
3642 1011.62, Florida Statutes, is amended to read:
3643 1011.62 Funds for operation of schools.—If the annual
3644 allocation from the Florida Education Finance Program to each
3645 district for operation of schools is not determined in the
3646 annual appropriations act or the substantive bill implementing
3647 the annual appropriations act, it shall be determined as
3648 follows:
3649 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3650 OPERATION.—The following procedure shall be followed in
3651 determining the annual allocation to each district for
3652 operation:
3653 (s) Extended-school-year program.—It is the intent of the
3654 Legislature that students be provided additional instruction by
3655 extending the school year to 210 days or more. Districts may
3656 apply to the Commissioner of Education for funds to be used in
3657 planning and implementing an extended-school-year program. The
3658 Department of Education shall recommend to the Legislature the
3659 policies necessary for full implementation of an extended school
3660 year.
3661 Section 181. Paragraph (l) of subsection (2) of section
3662 1012.05, Florida Statutes, is repealed.
3663 Section 182. Subsection (1) of section 1012.42, Florida
3664 Statutes, is amended to read:
3665 1012.42 Teacher teaching out-of-field.—
3666 (1) ASSISTANCE.—Each district school board shall adopt and
3667 implement a plan to assist any teacher teaching out-of-field,
3668 and priority consideration in professional development
3669 activities shall be given to a teacher teachers who is are
3670 teaching out-of-field. The district school board shall require
3671 that the teacher such teachers participate in a certification or
3672 staff development program designed to provide the teacher with
3673 the competencies required for the assigned duties. The board
3674 approved assistance plan must include duties of administrative
3675 personnel and other instructional personnel to provide students
3676 with instructional services. Each district school board shall
3677 contact its regional workforce board, created pursuant to s.
3678 445.007, to identify resources that may assist teachers who are
3679 teaching out-of-field and who are pursuing certification.
3680 Section 183. Section 1013.11, Florida Statutes, is amended
3681 to read:
3682 1013.11 Postsecondary institutions assessment of physical
3683 plant safety.—The president of each postsecondary institution
3684 shall conduct or cause to be conducted an annual assessment of
3685 physical plant safety. An annual report shall incorporate the
3686 assessment findings obtained through such assessment and
3687 recommendations for the improvement of safety on each campus.
3688 The annual report shall be submitted to the respective governing
3689 or licensing board of jurisdiction no later than January 1 of
3690 each year. Each board shall compile the individual institutional
3691 reports and convey the aggregate institutional reports to the
3692 Commissioner of Education or the Chancellor of the State
3693 University System, as appropriate. The Commissioner of Education
3694 and the Chancellor of the State University System shall convey
3695 these reports and the reports required in s. 1006.67 to the
3696 President of the Senate and the Speaker of the House of
3697 Representatives no later than March 1 of each year.
3698 Section 184. Subsection (3) of section 161.142, Florida
3699 Statutes, is amended to read:
3700 161.142 Declaration of public policy relating to improved
3701 navigation inlets.—The Legislature recognizes the need for
3702 maintaining navigation inlets to promote commercial and
3703 recreational uses of our coastal waters and their resources. The
3704 Legislature further recognizes that inlets interrupt or alter
3705 the natural drift of beach-quality sand resources, which often
3706 results in these sand resources being deposited in nearshore
3707 areas or in the inlet channel, or in the inland waterway
3708 adjacent to the inlet, instead of providing natural nourishment
3709 to the adjacent eroding beaches. Accordingly, the Legislature
3710 finds it is in the public interest to replicate the natural
3711 drift of sand which is interrupted or altered by inlets to be
3712 replaced and for each level of government to undertake all
3713 reasonable efforts to maximize inlet sand bypassing to ensure
3714 that beach-quality sand is placed on adjacent eroding beaches.
3715 Such activities cannot make up for the historical sand deficits
3716 caused by inlets but shall be designed to balance the sediment
3717 budget of the inlet and adjacent beaches and extend the life of
3718 proximate beach-restoration projects so that periodic
3719 nourishment is needed less frequently. Therefore, in furtherance
3720 of this declaration of public policy and the Legislature’s
3721 intent to redirect and recommit the state’s comprehensive beach
3722 management efforts to address the beach erosion caused by
3723 inlets, the department shall ensure that:
3724 (3) Construction waterward of the coastal construction
3725 control line on downdrift coastal areas, on islands
3726 substantially created by the deposit of spoil, located within 1
3727 mile of the centerline of navigation channels or inlets,
3728 providing access to ports listed in s. 403.021(9)(b), which
3729 suffers or has suffered erosion caused by such navigation
3730 channel maintenance or construction shall be exempt from the
3731 permitting requirements and prohibitions of s. 161.053(4)(5) or
3732 (5)(6); however, such construction shall comply with the
3733 applicable Florida Building Code adopted pursuant to s. 553.73.
3734 The timing and sequence of any construction activities
3735 associated with inlet management projects shall provide
3736 protection to nesting sea turtles and their hatchlings and
3737 habitats, to nesting shorebirds, and to native salt-resistant
3738 vegetation and endangered plant communities. Beach-quality sand
3739 placed on the beach as part of an inlet management project must
3740 be suitable for marine turtle nesting.
3741 Section 185. Paragraph (a) of subsection (4) of section
3742 163.065, Florida Statutes, is amended to read:
3743 163.065 Miami River Improvement Act.—
3744 (4) PLAN.—The Miami River Commission, working with the City
3745 of Miami and Miami-Dade County, shall consider the merits of the
3746 following:
3747 (a) Development and adoption of an urban infill and
3748 redevelopment plan, under ss. 163.2511-163.2523 ss. 163.2511
3749 163.2526, which and participating state and regional agencies
3750 shall review the proposed plan for the purposes of determining
3751 consistency with applicable law.
3752 Section 186. Subsection (1) of section 163.2511, Florida
3753 Statutes, is amended to read:
3754 163.2511 Urban infill and redevelopment.—
3755 (1) Sections 163.2511-163.2523 163.2511-163.2526 may be
3756 cited as the “Growth Policy Act.”
3757 Section 187. Section 163.2514, Florida Statutes, is amended
3758 to read:
3759 163.2514 Growth Policy Act; definitions.—As used in ss.
3760 163.2511-163.2523, the term ss. 163.2511-163.2526:
3761 (1) “Local government” means any county or municipality.
3762 (2) “Urban infill and redevelopment area” means an area or
3763 areas designated by a local government where:
3764 (a) Public services such as water and wastewater,
3765 transportation, schools, and recreation are already available or
3766 are scheduled to be provided in an adopted 5-year schedule of
3767 capital improvements;
3768 (b) The area, or one or more neighborhoods within the area,
3769 suffers from pervasive poverty, unemployment, and general
3770 distress as defined by s. 290.0058;
3771 (c) The area exhibits a proportion of properties that are
3772 substandard, overcrowded, dilapidated, vacant or abandoned, or
3773 functionally obsolete which is higher than the average for the
3774 local government;
3775 (d) More than 50 percent of the area is within 1/4 mile of
3776 a transit stop, or a sufficient number of such transit stops
3777 will be made available concurrent with the designation; and
3778 (e) The area includes or is adjacent to community
3779 redevelopment areas, brownfields, enterprise zones, or Main
3780 Street programs, or has been designated by the state or Federal
3781 Government as an urban redevelopment, revitalization, or infill
3782 area under empowerment zone, enterprise community, or brownfield
3783 showcase community programs or similar programs.
3784 Section 188. Subsection (2) of section 163.3202, Florida
3785 Statutes, is amended to read:
3786 163.3202 Land development regulations.—
3787 (2) Local land development regulations shall contain
3788 specific and detailed provisions necessary or desirable to
3789 implement the adopted comprehensive plan and shall at as a
3790 minimum:
3791 (a) Regulate the subdivision of land.
3792 (b) Regulate the use of land and water for those land use
3793 categories included in the land use element and ensure the
3794 compatibility of adjacent uses and provide for open space.
3795 (c) Provide for protection of potable water wellfields.
3796 (d) Regulate areas subject to seasonal and periodic
3797 flooding and provide for drainage and stormwater management.
3798 (e) Ensure the protection of environmentally sensitive
3799 lands designated in the comprehensive plan.
3800 (f) Regulate signage.
3801 (g) Provide that public facilities and services meet or
3802 exceed the standards established in the capital improvements
3803 element required by s. 163.3177 and are available when needed
3804 for the development, or that development orders and permits are
3805 conditioned on the availability of these public facilities and
3806 services necessary to serve the proposed development. Not later
3807 than 1 year after its due date established by the state land
3808 planning agency’s rule for submission of local comprehensive
3809 plans pursuant to s. 163.3167(2), A local government may shall
3810 not issue a development order or permit that which results in a
3811 reduction in the level of services for the affected public
3812 facilities below the level of services provided in the local
3813 government’s comprehensive plan of the local government.
3814 (h) Ensure safe and convenient onsite traffic flow,
3815 considering needed vehicle parking.
3816 Section 189. Paragraph (b) of subsection (11) of section
3817 259.041, Florida Statutes, is amended to read:
3818 259.041 Acquisition of state-owned lands for preservation,
3819 conservation, and recreation purposes.—
3820 (11)
3821 (b) All project applications shall identify, within their
3822 acquisition plans, those projects that which require a full fee
3823 simple interest to achieve the public policy goals, together
3824 with the reasons full title is determined to be necessary. The
3825 state agencies and the water management districts may use
3826 alternatives to fee simple acquisition to bring the remaining
3827 projects in their acquisition plans under public protection. For
3828 the purposes of this subsection, the term “alternatives to fee
3829 simple acquisition” includes, but is not limited to: purchase of
3830 development rights; obtaining conservation easements; obtaining
3831 flowage easements; purchase of timber rights, mineral rights, or
3832 hunting rights; purchase of agricultural interests or
3833 silvicultural interests; entering into land protection
3834 agreements as defined in s. 380.0677(3) s. 380.0677(4); fee
3835 simple acquisitions with reservations; creating life estates; or
3836 any other acquisition technique that which achieves the public
3837 policy goals listed in paragraph (a). It is presumed that a
3838 private landowner retains the full range of uses for all the
3839 rights or interests in the landowner’s land which are not
3840 specifically acquired by the public agency. The lands upon which
3841 hunting rights are specifically acquired pursuant to this
3842 paragraph shall be available for hunting in accordance with the
3843 management plan or hunting regulations adopted by the Florida
3844 Fish and Wildlife Conservation Commission, unless the hunting
3845 rights are purchased specifically to protect activities on
3846 adjacent lands.
3847 Section 190. Paragraph (c) of subsection (3) of section
3848 259.101, Florida Statutes, is amended to read:
3849 259.101 Florida Preservation 2000 Act.—
3850 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
3851 of issuance, the costs of funding reserve accounts, and other
3852 costs with respect to the bonds, the proceeds of bonds issued
3853 pursuant to this act shall be deposited into the Florida
3854 Preservation 2000 Trust Fund created by s. 375.045. In fiscal
3855 year 2000-2001, for each Florida Preservation 2000 program
3856 described in paragraphs (a)-(g), that portion of each program’s
3857 total remaining cash balance which, as of June 30, 2000, is in
3858 excess of that program’s total remaining appropriation balances
3859 shall be redistributed by the department and deposited into the
3860 Save Our Everglades Trust Fund for land acquisition. For
3861 purposes of calculating the total remaining cash balances for
3862 this redistribution, the Florida Preservation 2000 Series 2000
3863 bond proceeds, including interest thereon, and the fiscal year
3864 1999-2000 General Appropriations Act amounts shall be deducted
3865 from the remaining cash and appropriation balances,
3866 respectively. The remaining proceeds shall be distributed by the
3867 Department of Environmental Protection in the following manner:
3868 (c) Ten percent to the Department of Community Affairs to
3869 provide land acquisition grants and loans to local governments
3870 through the Florida Communities Trust pursuant to part III of
3871 chapter 380. From funds allocated to the trust, $3 million
3872 annually shall be used by the Division of State Lands within the
3873 Department of Environmental Protection to implement the Green
3874 Swamp Land Protection Initiative specifically for the purchase
3875 of conservation easements, as defined in s. 380.0677(3) s.
3876 380.0677(4), of lands, or severable interests or rights in
3877 lands, in the Green Swamp Area of Critical State Concern. From
3878 funds allocated to the trust, $3 million annually shall be used
3879 by the Monroe County Comprehensive Plan Land Authority
3880 specifically for the purchase of a any real property interest in
3881 either those lands subject to the Rate of Growth Ordinances
3882 adopted by local governments in Monroe County or those lands
3883 within the boundary of an approved Conservation and Recreation
3884 Lands project located within the Florida Keys or Key West Areas
3885 of Critical State Concern; however, title to lands acquired
3886 within the boundary of an approved Conservation and Recreation
3887 Lands project may, in accordance with an approved joint
3888 acquisition agreement, vest in the Board of Trustees of the
3889 Internal Improvement Trust Fund. Of the remaining funds
3890 allocated to the trust after the above transfers occur, one-half
3891 shall be matched by local governments on a dollar-for-dollar
3892 basis. To the extent allowed by federal requirements for the use
3893 of bond proceeds, the trust shall expend Preservation 2000 funds
3894 to carry out the purposes of part III of chapter 380.
3895
3896 Local governments may use federal grants or loans, private
3897 donations, or environmental mitigation funds, including
3898 environmental mitigation funds required pursuant to s. 338.250,
3899 for any part or all of any local match required for the purposes
3900 described in this subsection. Bond proceeds allocated pursuant
3901 to paragraph (c) may be used to purchase lands on the priority
3902 lists developed pursuant to s. 259.035. Title to lands purchased
3903 pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
3904 vested in the Board of Trustees of the Internal Improvement
3905 Trust Fund. Title to lands purchased pursuant to paragraph (c)
3906 may be vested in the Board of Trustees of the Internal
3907 Improvement Trust Fund. The board of trustees shall hold title
3908 to land protection agreements and conservation easements that
3909 were or will be acquired pursuant to s. 380.0677, and the
3910 Southwest Florida Water Management District and the St. Johns
3911 River Water Management District shall monitor such agreements
3912 and easements within their respective districts until the state
3913 assumes this responsibility.
3914 Section 191. Subsections (1) and (5) of section 369.305,
3915 Florida Statutes, are amended to read:
3916 369.305 Review of local comprehensive plans, land
3917 development regulations, Wekiva River development permits, and
3918 amendments.—
3919 (1) It is the intent of the Legislature that comprehensive
3920 plans and land development regulations of Orange, Lake, and
3921 Seminole Counties be revised to protect the Wekiva River
3922 Protection Area prior to the due dates established in ss.
3923 163.3167(2) and 163.3202 and chapter 9J-12, Florida
3924 Administrative Code. It is also the intent of the Legislature
3925 that Orange, Lake, and Seminole the Counties emphasize the
3926 Wekiva River Protection Area this important state resource in
3927 their planning and regulation efforts. Therefore, each county’s
3928 county shall, by April 1, 1989, review and amend those portions
3929 of its local comprehensive plan and its land development
3930 regulations applicable to the Wekiva River Protection Area must,
3931 and, if necessary, adopt additional land development regulations
3932 which are applicable to the Wekiva River Protection Area to meet
3933 the following criteria:
3934 (a) Each county’s local comprehensive plan must shall
3935 contain goals, policies, and objectives that which result in the
3936 protection of the:
3937 1. Water quantity, water quality, and hydrology of the
3938 Wekiva River System;
3939 2. Wetlands associated with the Wekiva River System;
3940 3. Aquatic and wetland-dependent wildlife species
3941 associated with the Wekiva River System;
3942 4. Habitat within the Wekiva River Protection Area of
3943 species designated pursuant to rules 39-27.003, 39-27.004, and
3944 39-27.005, Florida Administrative Code; and
3945 5. Native vegetation within the Wekiva River Protection
3946 Area.
3947 (b) The various land uses and densities and intensities of
3948 development permitted by the local comprehensive plan shall
3949 protect the resources enumerated in paragraph (a) and the rural
3950 character of the Wekiva River Protection Area. The plan must
3951 shall also include:
3952 1. Provisions that to ensure the preservation of sufficient
3953 habitat for feeding, nesting, roosting, and resting so as to
3954 maintain viable populations of species designated pursuant to
3955 rules 39-27.003, 39-27.004, and 39-27.005, Florida
3956 Administrative Code, within the Wekiva River Protection Area.
3957 2. Restrictions on the clearing of native vegetation within
3958 the 100-year flood plain.
3959 3. Prohibition of development that is not low-density
3960 residential in nature, unless the that development has less
3961 effect impacts on natural resources than low-density residential
3962 development.
3963 4. Provisions for setbacks along the Wekiva River for areas
3964 that do not fall within the protection zones established
3965 pursuant to s. 373.415.
3966 5. Restrictions on intensity of development adjacent to
3967 publicly owned lands to prevent adverse impacts to such lands.
3968 6. Restrictions on filling and alteration of wetlands in
3969 the Wekiva River Protection Area.
3970 7. Provisions encouraging clustering of residential
3971 development if when it promotes protection of environmentally
3972 sensitive areas, and ensures ensuring that residential
3973 development in the aggregate are shall be of a rural in density
3974 and character.
3975 (c) The local comprehensive plan must shall require that
3976 the density or intensity of development permitted on parcels of
3977 property adjacent to the Wekiva River System be concentrated on
3978 those portions of the parcels which are the farthest from the
3979 surface waters and wetlands of the Wekiva River System.
3980 (d) The local comprehensive plan must shall require that
3981 parcels of land adjacent to the surface waters and watercourses
3982 of the Wekiva River System not be subdivided so as to interfere
3983 with the implementation of protection zones as established
3984 pursuant to s. 373.415, any applicable setbacks from the surface
3985 waters in the Wekiva River System which are established by local
3986 governments, or the policy established in paragraph (c) of
3987 concentrating development in the Wekiva River Protection Area as
3988 far from the surface waters and wetlands of the Wekiva River
3989 System as practicable.
3990 (e) The local land development regulations must shall
3991 implement the provisions of paragraphs (a), (b), (c), and (d)
3992 and must shall also include restrictions on the location of
3993 septic tanks and drainfields in the 100-year flood plain and
3994 discharges of stormwater to the Wekiva River System.
3995 (5) During the period of time between the effective date of
3996 this act and the due date of a county’s revised local government
3997 comprehensive plan as established by s. 163.3167(2) and chapter
3998 9J-12, Florida Administrative Code, any local comprehensive plan
3999 amendment or amendment to a land development regulation, adopted
4000 or issued by a county, which applies to the Wekiva River
4001 Protection Area, or any Wekiva River development permit adopted
4002 by a county, solely within protection zones established pursuant
4003 to s. 373.415, shall be sent to the department within 10 days
4004 after its adoption or issuance by the local governing body but
4005 shall not become effective until certified by the department as
4006 being in compliance with purposes described in subsection (1).
4007 The department shall make its decision on certification within
4008 60 days after receipt of the amendment or development permit
4009 solely within protection zones established pursuant to s.
4010 373.415. The department’s decision on certification shall be
4011 final agency action. This subsection shall not apply to any
4012 amendments or new land development regulations adopted pursuant
4013 to subsections (1)-(4) or to any development order approving,
4014 approving with conditions, or denying a development of regional
4015 impact.
4016 Section 192. Paragraph (g) of subsection (1) of section
4017 379.2431, Florida Statutes, is amended to read:
4018 379.2431 Marine animals; regulation.—
4019 (1) PROTECTION OF MARINE TURTLES.—
4020 (g) The Department of Environmental Protection may
4021 condition the nature, timing, and sequence of construction of
4022 permitted activities to provide protection to nesting marine
4023 turtles and hatchlings and their habitat pursuant to s.
4024 161.053(4) the provisions of s. 161.053(5). If When the
4025 department is considering a permit for a beach restoration,
4026 beach renourishment, or inlet sand transfer project and the
4027 applicant has had an active marine turtle nest relocation
4028 program or the applicant has agreed to and has the ability to
4029 administer a program, the department may must not restrict the
4030 timing of the project. If Where appropriate, the department, in
4031 accordance with the applicable rules of the Fish and Wildlife
4032 Conservation Commission, shall require as a condition of the
4033 permit that the applicant relocate and monitor all turtle nests
4034 that would be affected by the beach restoration, beach
4035 renourishment, or sand transfer activities. Such relocation and
4036 monitoring activities shall be conducted in a manner that
4037 ensures successful hatching. This limitation on the department’s
4038 authority applies only on the Atlantic coast of Florida.
4039 Section 193. Section 381.732, Florida Statutes, is amended
4040 to read:
4041 381.732 Short title; Healthy Communities, Healthy People
4042 Act.—Sections 381.732-381.734 381.731-381.734 may be cited as
4043 the “Healthy Communities, Healthy People Act.”
4044 Section 194. Section 381.733, Florida Statutes, is amended
4045 to read:
4046 381.733 Definitions relating to Healthy Communities,
4047 Healthy People Act.—As used in ss. 381.732-381.734 ss. 381.731
4048 381.734, the term:
4049 (1) “Department” means the Department of Health.
4050 (2) “Primary prevention” means interventions directed
4051 toward healthy populations with a focus on avoiding disease
4052 before it occurs prior to its occurrence.
4053 (3) “Secondary prevention” means interventions designed to
4054 promote the early detection and treatment of diseases and to
4055 reduce the risks experienced by at-risk populations.
4056 (4) “Tertiary prevention” means interventions directed at
4057 rehabilitating and minimizing the effects of disease in a
4058 chronically ill population.
4059 Section 195. Paragraph (d) of subsection (5) of section
4060 411.01, Florida Statutes, is amended to read:
4061 411.01 School readiness programs; early learning
4062 coalitions.—
4063 (5) CREATION OF EARLY LEARNING COALITIONS.—
4064 (d) Implementation.—
4065 1. An early learning coalition may not implement the school
4066 readiness program until the coalition is authorized through
4067 approval of the coalition’s school readiness plan is approved by
4068 the Agency for Workforce Innovation.
4069 2. Each early learning coalition shall develop a plan for
4070 implementing the school readiness program to meet the
4071 requirements of this section and the performance standards and
4072 outcome measures adopted by the Agency for Workforce Innovation.
4073 The plan must demonstrate how the program will ensure that each
4074 3-year-old and 4-year-old child in a publicly funded school
4075 readiness program receives scheduled activities and instruction
4076 designed to enhance the age-appropriate progress of the children
4077 in attaining the performance standards adopted by the agency for
4078 Workforce Innovation under subparagraph (4)(d)8. Before
4079 implementing the school readiness program, the early learning
4080 coalition must submit the plan to the agency for Workforce
4081 Innovation for approval. The agency for Workforce Innovation may
4082 approve the plan, reject the plan, or approve the plan with
4083 conditions. The agency for Workforce Innovation shall review
4084 school readiness plans at least annually.
4085 3. If the Agency for Workforce Innovation determines during
4086 the annual review of school readiness plans, or through
4087 monitoring and performance evaluations conducted under paragraph
4088 (4)(l), that an early learning coalition has not substantially
4089 implemented its plan, has not substantially met the performance
4090 standards and outcome measures adopted by the agency, or has not
4091 effectively administered the school readiness program or
4092 Voluntary Prekindergarten Education Program, the agency for
4093 Workforce Innovation may dissolve the coalition and temporarily
4094 contract with a qualified entity to continue school readiness
4095 and prekindergarten services in the coalition’s county or
4096 multicounty region until the coalition is reestablished through
4097 resubmission of a school readiness plan and approval by the
4098 agency.
4099 4. The Agency for Workforce Innovation shall adopt criteria
4100 for the approval of school readiness plans. The criteria must be
4101 consistent with the performance standards and outcome measures
4102 adopted by the agency and must require each approved plan to
4103 include the following minimum standards and provisions:
4104 a. A sliding fee scale establishing a copayment for parents
4105 based upon their ability to pay, which is the same for all
4106 program providers, to be implemented and reflected in each
4107 program’s budget.
4108 b. A choice of settings and locations in licensed,
4109 registered, religious-exempt, or school-based programs to be
4110 provided to parents.
4111 c. Instructional staff who have completed the training
4112 course as required in s. 402.305(2)(d)1., as well as staff who
4113 have additional training or credentials as required by the
4114 Agency for Workforce Innovation. The plan must provide a method
4115 for assuring the qualifications of all personnel in all program
4116 settings.
4117 d. Specific eligibility priorities for children within the
4118 early learning coalition’s county or multicounty region in
4119 accordance with subsection (6).
4120 e. Performance standards and outcome measures adopted by
4121 the agency for Workforce Innovation.
4122 f. Payment rates adopted by the early learning coalition
4123 and approved by the agency for Workforce Innovation. Payment
4124 rates may not have the effect of limiting parental choice or
4125 creating standards or levels of services that have not been
4126 authorized by the Legislature.
4127 g. Systems support services, including a central agency,
4128 child care resource and referral, eligibility determinations,
4129 training of providers, and parent support and involvement.
4130 h. Direct enhancement services to families and children.
4131 System support and direct enhancement services shall be in
4132 addition to payments for the placement of children in school
4133 readiness programs.
4134 i. The business organization of the early learning
4135 coalition, which must include the coalition’s articles of
4136 incorporation and bylaws if the coalition is organized as a
4137 corporation. If the coalition is not organized as a corporation
4138 or other business entity, the plan must include the contract
4139 with a fiscal agent. An early learning coalition may contract
4140 with other coalitions to achieve efficiency in multicounty
4141 services, and these contracts may be part of the coalition’s
4142 school readiness plan.
4143 j. Strategies to meet the needs of unique populations, such
4144 as migrant workers.
4145
4146 As part of the school readiness plan, the early learning
4147 coalition may request the Governor to apply for a waiver to
4148 allow the coalition to administer the Head Start Program to
4149 accomplish the purposes of the school readiness program. If a
4150 school readiness plan demonstrates that specific statutory goals
4151 can be achieved more effectively by modifying using procedures
4152 that require modification of existing rules, policies, or
4153 procedures, a request for a waiver to the Agency for Workforce
4154 Innovation may be submitted as part of the plan. Upon review,
4155 the agency for Workforce Innovation may grant the proposed
4156 modification.
4157 5. Persons with an early childhood teaching certificate may
4158 provide support and supervision to other staff in the school
4159 readiness program.
4160 6. An early learning coalition may not implement its school
4161 readiness plan until it submits the plan to and receives
4162 approval from the Agency for Workforce Innovation. Once the plan
4163 is approved, the plan and the services provided under the plan
4164 shall be controlled by the early learning coalition. The plan
4165 shall be reviewed and revised as necessary, but at least
4166 biennially. An early learning coalition may not implement the
4167 revisions until the coalition submits the revised plan to and
4168 receives approval from the agency for Workforce Innovation. If
4169 the agency for Workforce Innovation rejects a revised plan, the
4170 coalition must continue to operate under its prior approved
4171 plan.
4172 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
4173 apply to an early learning coalition with an approved school
4174 readiness plan. To facilitate innovative practices and to allow
4175 the regional establishment of school readiness programs, an
4176 early learning coalition may apply to the Governor and Cabinet
4177 for a waiver of, and the Governor and Cabinet may waive, any of
4178 the provisions of ss. 411.223, 411.232, and 1003.54, if the
4179 waiver is necessary for implementation of the coalition’s school
4180 readiness plan.
4181 8. Two or more counties may join for purposes of planning
4182 and implementing a school readiness program.
4183 9. An early learning coalition may, subject to approval by
4184 the Agency for Workforce Innovation as part of the coalition’s
4185 school readiness plan, receive subsidized child care funds for
4186 all children eligible for any federal subsidized child care
4187 program.
4188 10. An early learning coalition may enter into multiparty
4189 contracts with multicounty service providers in order to meet
4190 the needs of unique populations such as migrant workers.
4191 Section 196. Paragraph (a) of subsection (3) of section
4192 411.232, Florida Statutes, is amended to read:
4193 411.232 Children’s Early Investment Program.—
4194 (3) ESSENTIAL ELEMENTS.—
4195 (a) Initially, the program shall be directed to geographic
4196 areas where at-risk young children and their families are in
4197 greatest need because of an unfavorable combination of economic,
4198 social, environmental, and health factors, including, without
4199 limitation, extensive poverty, high crime rate, great incidence
4200 of low birthweight babies, high incidence of alcohol and drug
4201 abuse, and high rates of teenage pregnancy. The selection of a
4202 geographic site must shall also consider the incidence of young
4203 children within these at-risk geographic areas who are cocaine
4204 babies, children of single mothers who receive temporary cash
4205 assistance, children of teenage parents, low birthweight babies,
4206 and very young foster children. To receive funding under this
4207 section, an agency, board, council, or provider must
4208 demonstrate:
4209 1. Its capacity to administer and coordinate the programs
4210 and services in a comprehensive manner and provide a flexible
4211 range of services;
4212 2. Its capacity to identify and serve those children least
4213 able to access existing programs and case management services;
4214 3. Its capacity to administer and coordinate the programs
4215 and services in an intensive and continuous manner;
4216 4. The proximity of its facilities to young children,
4217 parents, and other family members to be served by the program,
4218 or its ability to provide offsite services;
4219 5. Its ability to use existing federal, state, and local
4220 governmental programs and services in implementing the
4221 investment program;
4222 6. Its ability to coordinate activities and services with
4223 existing public and private, state and local agencies and
4224 programs such as those responsible for health, education, social
4225 support, mental health, child care, respite care, housing,
4226 transportation, alcohol and drug abuse treatment and prevention,
4227 income assistance, employment training and placement, nutrition,
4228 and other relevant services, all the foregoing intended to
4229 assist children and families at risk;
4230 7. How its plan will involve project participants and
4231 community representatives in the planning and operation of the
4232 investment program; and
4233 8. Its ability to participate in the evaluation component
4234 required in this section.; and
4235 9. Its consistency with the strategic plan pursuant to s.
4236 411.221.
4237 Section 197. Paragraph (a) of subsection (6) of section
4238 445.006, Florida Statutes, is amended to read:
4239 445.006 Strategic and operational plans for workforce
4240 development.—
4241 (6)(a) The operational plan must include strategies that
4242 are designed to prevent or reduce the need for a person to
4243 receive public assistance, including. These strategies must
4244 include:
4245 1. A teen pregnancy prevention component that includes, but
4246 is not limited to, a plan for implementing the Florida Education
4247 Now and Babies Later (ENABL) program under s. 411.242 and the
4248 Teen Pregnancy Prevention Community Initiative within each
4249 county of the services area in which the teen birth rate is
4250 higher than the state average;
4251 2. A component that encourages creation of community-based
4252 welfare prevention and reduction initiatives that increase
4253 support provided by noncustodial parents to their welfare
4254 dependent children and are consistent with program and financial
4255 guidelines developed by Workforce Florida, Inc., and the
4256 Commission on Responsible Fatherhood. These initiatives may
4257 include, but are not limited to, improved paternity
4258 establishment, work activities for noncustodial parents,
4259 programs aimed at decreasing out-of-wedlock pregnancies,
4260 encouraging involvement of fathers with their children including
4261 court-ordered supervised visitation, and increasing child
4262 support payments;
4263 3. A component that encourages formation and maintenance of
4264 two-parent families through, among other things, court-ordered
4265 supervised visitation;
4266 4. A component that fosters responsible fatherhood in
4267 families receiving assistance; and
4268 5. A component that fosters provision of services that
4269 reduce the incidence and effects of domestic violence on women
4270 and children in families receiving assistance.
4271 Section 198. Subsections (24), (25), and (26) of section
4272 1001.42, Florida Statutes, are amended to read:
4273 1001.42 Powers and duties of district school board.—The
4274 district school board, acting as a board, shall exercise all
4275 powers and perform all duties listed below:
4276 (24) REDUCE PAPERWORK AND DATA COLLECTION AND REPORTING
4277 REQUIREMENTS.—Beginning with the 2006-2007 school year:
4278 (a) Each district school board shall designate a classroom
4279 teacher to serve as the teacher representative to speak on
4280 behalf of the district’s teachers regarding paperwork and data
4281 collection reduction.
4282 (b) Each district school board must provide the school
4283 community with an efficient method for the school community to
4284 communicate with the classroom teacher designee regarding
4285 possible paperwork and data collection burdens and potential
4286 solutions.
4287 (c) The teacher designee shall annually report his or her
4288 findings and potential solutions to the school board.
4289 (d) Each district school board must submit its findings and
4290 potential solutions to the State Board of Education by September
4291 1 of each year.
4292 (e) The State Board of Education shall prepare a report of
4293 the statewide paperwork and data collection findings and
4294 potential solutions and submit the report to the Governor, the
4295 President of the Senate, and the Speaker of the House of
4296 Representatives by October 1 of each year.
4297 (24)(25) EMPLOYMENT CONTRACTS.— A district school board may
4298 not enter into an employment contract that requires the district
4299 to pay from state funds an employee an amount in excess of 1
4300 year of the employee’s annual salary for termination, buyout, or
4301 any other type of contract settlement. This subsection does not
4302 prohibit the payment of earned leave and benefits in accordance
4303 with the district’s leave and benefits policies which were
4304 accrued by the employee before the contract terminates.
4305 (25)(26) ADOPT RULES.—Adopt rules pursuant to ss.
4306 120.536(1) and 120.54 to implement this section.
4307 Section 199. Present paragraph (c) of subsection (3) of
4308 section 1008.31, Florida Statutes, is redesignated as paragraph
4309 (e), and new paragraphs (c) and (d) are added to that
4310 subsection, to read:
4311 1008.31 Florida’s K-20 education performance accountability
4312 system; legislative intent; mission, goals, and systemwide
4313 measures; data quality improvements.—
4314 (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
4315 data required to implement education performance accountability
4316 measures in state and federal law, the Commissioner of Education
4317 shall initiate and maintain strategies to improve data quality
4318 and timeliness. All data collected from state universities
4319 shall, as determined by the commissioner, be integrated into the
4320 K-20 data warehouse. The commissioner shall have unlimited
4321 access to such data solely for the purposes of conducting
4322 studies, reporting annual and longitudinal student outcomes, and
4323 improving college readiness and articulation. All public
4324 educational institutions shall provide data to the K-20 data
4325 warehouse in a format specified by the commissioner.
4326 (c) The commissioner shall continuously monitor and review
4327 the collection of paperwork, data, and reports by school
4328 districts and complete an annual review of such collection no
4329 later than June 1 of each year. The annual review must include
4330 recommendations for consolidating paperwork, data, and reports,
4331 wherever feasible, in order to reduce the burdens on school
4332 districts.
4333 (d) By July 1 of each year, the commissioner shall prepare
4334 a report assisting the school districts in eliminating or
4335 consolidating paperwork, data, and reports by providing
4336 suggestions, technical assistance, and guidance.
4337 Section 200. This act shall take effect upon becoming a
4338 law.