Florida Senate - 2011                      CS for CS for SB 1346
       
       
       
       By the Committees on Children, Families, and Elder Affairs;
       Commerce and Tourism; and Commerce and Tourism
       
       
       
       586-03784-11                                          20111346c2
    1                        A bill to be entitled                      
    2         An act relating to obsolete references and programs;
    3         amending s. 14.2015, F.S.; removing an obsolete
    4         reference to the Department of Commerce; amending s.
    5         20.18, F.S.; updating a reference to the Department of
    6         Commerce to refer instead to the Office of Tourism,
    7         Trade, and Economic Development; amending s. 45.031,
    8         F.S.; removing an obsolete reference to the Department
    9         of Labor and Employment Security; amending s. 69.041,
   10         F.S.; removing an obsolete reference to the Department
   11         of Labor and Employment Security; amending s. 112.044,
   12         F.S.; removing obsolete references to the Department
   13         of Labor and Employment Security; amending s. 252.85,
   14         F.S.; updating a reference to the Department of Labor
   15         and Employment Security; amending s. 252.87, F.S.;
   16         removing a reference to the Department of Labor and
   17         Employment Security; amending s. 252.937, F.S.;
   18         removing a reference to the Department of Labor and
   19         Employment Security; amending s. 287.09431, F.S.;
   20         updating references to the Department of Labor and
   21         Employment Security; amending s. 287.09451, F.S.;
   22         removing references to the Department of Labor and
   23         Employment Security; amending s. 287.0947, F.S.;
   24         removing a reference to the Department of Labor and
   25         Employment Security; correcting a cross-reference;
   26         amending s. 288.021, F.S.; updating a reference to the
   27         Department of Labor and Employment Security; amending
   28         s. 288.035, F.S.; removing a reference to the
   29         Department of Commerce; repealing s. 288.038, F.S.,
   30         relating to agreements of the Department of Labor and
   31         Employment Security with county tax collectors;
   32         amending s. 288.1168, F.S.; updating obsolete
   33         references to the Department of Commerce; amending s.
   34         288.1229, F.S.; removing a reference to the Department
   35         of Commerce; amending s. 288.1169, F.S.; updating
   36         references to the Department of Commerce; amending s.
   37         331.369, F.S.; updating references to the Workforce
   38         Development Board of Enterprise Florida, Inc.;
   39         amending s. 377.711, F.S.; removing a reference to the
   40         Department of Commerce; providing for standard compact
   41         provisions regarding recommendations by the Southern
   42         States Energy Board; amending s. 377.712, F.S.;
   43         clarifying provisions governing participation in the
   44         compact by the state and its agencies; amending s.
   45         409.2576, F.S.; removing references to the Department
   46         of Labor and Employment Security; amending s. 414.24,
   47         F.S.; updating references to the Department of Labor
   48         and Employment Security; amending s. 414.40, F.S.;
   49         updating provisions governing the Stop Inmate Fraud
   50         Program; updating a reference to the Department of
   51         Labor and Employment Security; amending s. 440.385,
   52         F.S.; updating a reference to the Department of Labor
   53         and Employment Security; removing obsolete provisions;
   54         amending s. 440.49, F.S.; removing a reference to the
   55         Department of Labor and Employment Security; removing
   56         obsolete provisions; repealing s. 446.60, F.S.,
   57         relating to assistance for displaced local exchange
   58         telecommunications company workers; amending s.
   59         450.161, F.S.; updating a reference to the Division of
   60         Jobs and Benefits; amending s. 464.203, F.S.; updating
   61         a reference to the Enterprise Florida Jobs and
   62         Education Partnership Grant; amending s. 489.1455,
   63         F.S.; updating a reference to the Department of Labor
   64         and Employment Security; amending s. 489.5335, F.S.;
   65         updating a reference to the Department of Labor and
   66         Employment Security; amending s. 553.62, F.S.;
   67         removing a reference to the Department of Labor and
   68         Employment Security; amending s. 597.006, F.S.;
   69         removing a reference to the Department of Labor and
   70         Employment Security; amending s. 944.012, F.S.;
   71         updating a reference to the Florida State Employment
   72         Service; amending s. 944.708, F.S.; removing a
   73         reference to the Agency for Workforce Innovation;
   74         repealing ss. 255.551-255.563, F.S., relating to the
   75         asbestos management program; amending s. 469.002,
   76         F.S.: conforming a cross-reference to changes made by
   77         the act; repealing s. 469.003(2)(b), F.S., relating to
   78         obsolete provisions governing the licensure of
   79         asbestos surveyors; repealing s. 39.0015, F.S.,
   80         relating to child abuse prevention training in the
   81         district school system; repealing s. 39.305, F.S.,
   82         relating to the development by the Department of
   83         Children and Family Services of a model plan for
   84         community intervention and treatment in intrafamily
   85         sexual abuse cases; repealing ss. 39.311, 39.312,
   86         39.313, 39.314, 39.315, 39.316, 39.317, and 39.318,
   87         F.S., relating to the Family Builders Program;
   88         repealing 39.816, F.S., relating to authorization for
   89         pilot and demonstration projects; repealing s. 39.817,
   90         F.S., relating to a foster care privatization
   91         demonstration project; repealing s. 383.0115, F.S.,
   92         relating to the Commission on Marriage and Family
   93         Support Initiatives; repealing s. 393.22, F.S.,
   94         relating to financial commitment to community services
   95         programs; repealing s. 393.503, F.S., relating to
   96         respite and family care subsidy expenditures and
   97         funding recommendations; repealing s. 394.922, F.S.,
   98         relating to constitutional requirements regarding
   99         long-term control, care, and treatment of sexually
  100         violent predators; repealing s. 402.3045, F.S.,
  101         relating to a requirement that the Department of
  102         Children and Family Services adopt distinguishable
  103         definitions of child care programs by rule; repealing
  104         s. 402.50, F.S., relating to the development of
  105         administrative infrastructure standards by the
  106         Department of Children and Family Services; repealing
  107         s. 402.55, F.S., relating to the management fellows
  108         program; repealing s. 409.1672, F.S., relating to
  109         performance incentives for department employees with
  110         respect to the child welfare system; repealing s.
  111         409.1673, F.S., relating to legislative findings
  112         regarding the foster care system and the development
  113         of alternate care plans; repealing s. 409.1685, F.S.,
  114         relating to an annual report to the Legislature by the
  115         Department of Children and Family Services with
  116         respect to children in foster care; repealing ss.
  117         409.801 and 409.802, F.S., relating to the Family
  118         Policy Act; repealing s. 409.803, F.S., relating to
  119         pilot programs to provide shelter and foster care
  120         services to dependent children; amending ss. 20.195,
  121         39.00145, 39.0121, 39.301, 39.3031, 49.011, 381.006,
  122         381.0072, 390.01114, 409.1685, 411.01013, 753.03, and
  123         877.22, F.S.; conforming references to changes made by
  124         the act; repealing s. 288.386, F.S., relating to the
  125         Florida-Caribbean Basin Trade Initiative; repealing s.
  126         288.9618, F.S., which relates to an economic
  127         development program for microenterprises; repealing s.
  128         288.982, F.S., which relates to a public records
  129         requirement for certain records relating to the United
  130         States Department of Defense Base Realignment and
  131         Closure 2005 process; repealing s. 409.946, F.S.,
  132         which relates to the Inner City Redevelopment Review
  133         Panel; amending ss. 288.012 and 311.07, F.S.; revising
  134         requirements for the operating plans of the state’s
  135         foreign offices and the use of program funds of the
  136         Florida Seaport Transportation and Economic
  137         Development Program, to delete provisions relating to
  138         the Florida Trade Data Center; amending s. 402.35,
  139         F.S.; removing a provision prohibiting a federal,
  140         state, county, or municipal officer from serving as an
  141         employee of the Department of Children and Family
  142         Services; providing an effective date.
  143  
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Subsection (8) of section 14.2015, Florida
  147  Statutes, is amended to read:
  148         14.2015 Office of Tourism, Trade, and Economic Development;
  149  creation; powers and duties.—
  150         (8) The Office of Tourism, Trade, and Economic Development
  151  shall ensure that the contract between the Florida Commission on
  152  Tourism and the commission’s direct-support organization
  153  contains a provision to provide the data on the visitor counts
  154  and visitor profiles used in revenue estimating, employing the
  155  same methodology used in fiscal year 1995-1996 by the Department
  156  of Commerce. The Office of Tourism, Trade, and Economic
  157  Development and the Florida Commission on Tourism must advise
  158  and consult with the Consensus Estimating Conference principals
  159  before making any changes in methodology used or information
  160  gathered.
  161         Section 2. Subsection (4) of section 20.18, Florida
  162  Statutes, is amended to read:
  163         20.18 Department of Community Affairs.—There is created a
  164  Department of Community Affairs.
  165         (4) In addition to its other powers, duties, and functions,
  166  the department shall, under the general supervision of the
  167  secretary and the Interdepartmental Coordinating Council on
  168  Community Services, assist and encourage the development of
  169  state programs by the various departments for the productive use
  170  of human resources, and the department shall work with other
  171  state agencies in order that together they might:
  172         (a) Effect the coordination, by the responsible agencies of
  173  the state, of the career and adult educational programs of the
  174  state in order to provide the maximum use and meaningful
  175  employment of persons completing courses of study from such
  176  programs;
  177         (b) Assist the Office of Tourism, Trade, and Economic
  178  Development Department of Commerce in the development of
  179  employment opportunities; and
  180         (c) Improve the enforcement of special district reporting
  181  requirements and the communication among state agencies that
  182  receive mandatory reports from special districts.
  183         Section 3. Paragraph (a) of subsection (7) of section
  184  45.031, Florida Statutes, is amended to read:
  185         45.031 Judicial sales procedure.—In any sale of real or
  186  personal property under an order or judgment, the procedures
  187  provided in this section and ss. 45.0315-45.035 may be followed
  188  as an alternative to any other sale procedure if so ordered by
  189  the court.
  190         (7) DISBURSEMENTS OF PROCEEDS.—
  191         (a) On filing a certificate of title, the clerk shall
  192  disburse the proceeds of the sale in accordance with the order
  193  or final judgment and shall file a report of such disbursements
  194  and serve a copy of it on each party, and on the Department of
  195  Revenue if the department was named as a defendant in the action
  196  or if the Agency for Workforce Innovation or the former
  197  Department of Labor and Employment Security was named as a
  198  defendant while the Department of Revenue was providing
  199  unemployment tax collection services under contract with the
  200  Agency for Workforce Innovation through an interagency agreement
  201  pursuant to s. 443.1316.
  202         Section 4. Paragraph (a) of subsection (4) of section
  203  69.041, Florida Statutes, is amended to read:
  204         69.041 State named party; lien foreclosure, suit to quiet
  205  title.—
  206         (4)(a) The Department of Revenue has the right to
  207  participate in the disbursement of funds remaining in the
  208  registry of the court after distribution pursuant to s.
  209  45.031(7). The department shall participate in accordance with
  210  applicable procedures in any mortgage foreclosure action in
  211  which the department has a duly filed tax warrant, or interests
  212  under a lien arising from a judgment, order, or decree for
  213  support, as defined in s. 409.2554, or interest in an
  214  unemployment compensation tax lien under contract with the
  215  Agency for Workforce Innovation through an interagency agreement
  216  pursuant to s. 443.1316, against the subject property and with
  217  the same priority, regardless of whether a default against the
  218  department or, the Agency for Workforce Innovation, or the
  219  former Department of Labor and Employment Security has been
  220  entered for failure to file an answer or other responsive
  221  pleading.
  222         Section 5. Paragraph (d) of subsection (2) and subsection
  223  (5) of section 112.044, Florida Statutes, are amended to read:
  224         112.044 Public employers, employment agencies, labor
  225  organizations; discrimination based on age prohibited;
  226  exceptions; remedy.—
  227         (2) DEFINITIONS.—For the purpose of this act:
  228         (d) “Department” means the Department of Labor and
  229  Employment Security.
  230         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
  231  and labor organization shall post and keep posted in conspicuous
  232  places upon its premises notices required by the United States
  233  Department of Labor and the Equal Employment Opportunity
  234  Commission a notice to be prepared or approved by the department
  235  setting forth such information as the department deems
  236  appropriate to effectuate the purposes of this act.
  237         Section 6. Subsection (1) of section 252.85, Florida
  238  Statutes, is amended to read:
  239         252.85 Fees.—
  240         (1) Any owner or operator of a facility required under s.
  241  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
  242  notification or an annual inventory form to the commission shall
  243  be required to pay an annual registration fee. The fee for any
  244  company, including all facilities under common ownership or
  245  control, shall not be less than $25 nor more than $2,000. The
  246  department shall establish a reduced fee, of not less than $25
  247  nor more than $500, applicable to any owner or operator
  248  regulated under part I of chapter 368, chapter 527, or s.
  249  376.303, which does not have present any extremely hazardous
  250  substance, as defined by EPCRA, in excess of a threshold
  251  planning quantity, as established by EPCRA. The department shall
  252  establish a reduced fee of not less than $25 nor more than
  253  $1,000, applicable to any owner or operator of a facility with a
  254  Standard Industrial Classification Code of 01, 02, or 07, which
  255  is eligible for the “routine agricultural use” exemption
  256  provided in ss. 311 and 312 of EPCRA. The fee under this
  257  subsection shall be based on the number of employees employed
  258  within the state at facilities under the common ownership or
  259  control of such owner or operator, which number shall be
  260  determined, to the extent possible, in accordance with data
  261  supplied by the Agency for Workforce Innovation or its tax
  262  collection service provider Department of Labor and Employment
  263  Security. In order to avoid the duplicative reporting of
  264  seasonal and temporary agricultural employees, fees applicable
  265  to owners or operators of agricultural facilities, which are
  266  eligible for the “routine agricultural use” reporting exemption
  267  provided in ss. 311 and 312 of EPCRA, shall be based on employee
  268  data which most closely reflects such owner or operator’s
  269  permanent nonseasonal workforce. The department shall establish
  270  by rule the date by which the fee is to be paid, as well as a
  271  formula or method of determining the applicable fee under this
  272  subsection without regard to the number of facilities under
  273  common ownership or control. The department may require owners
  274  or operators of multiple facilities to demonstrate common
  275  ownership or control for purposes of this subsection.
  276         Section 7. Subsection (7) of section 252.87, Florida
  277  Statutes, is amended to read:
  278         252.87 Supplemental state reporting requirements.—
  279         (7) The department shall avoid duplicative reporting
  280  requirements by utilizing the reporting requirements of other
  281  state agencies that regulate hazardous materials to the extent
  282  feasible and shall request the information authorized under
  283  EPCRA. With the advice and consent of the State Emergency
  284  Response Commission for Hazardous Materials, the department may
  285  require by rule that the maximum daily amount entry on the
  286  chemical inventory report required under s. 312 of EPCRA provide
  287  for reporting in estimated actual amounts. The department may
  288  also require by rule an entry for the Federal Employer
  289  Identification Number on this report. To the extent feasible,
  290  the department shall encourage and accept required information
  291  in a form initiated through electronic data interchange and
  292  shall describe by rule the format, manner of execution, and
  293  method of electronic transmission necessary for using such form.
  294  To the extent feasible, the Department of Financial Services,
  295  the Department of Agriculture and Consumer Services, the
  296  Department of Environmental Protection, the Public Service
  297  Commission, the Department of Revenue, the Department of Labor
  298  and Employment Security, and other state agencies which regulate
  299  hazardous materials shall coordinate with the department in
  300  order to avoid duplicative requirements contained in each
  301  agency’s respective reporting or registration forms. The other
  302  state agencies that inspect facilities storing hazardous
  303  materials and suppliers and distributors of covered substances
  304  shall assist the department in informing the facility owner or
  305  operator of the requirements of this part. The department shall
  306  provide the other state agencies with the necessary information
  307  and materials to inform the owners and operators of the
  308  requirements of this part to ensure that the budgets of these
  309  agencies are not adversely affected.
  310         Section 8. Subsection (2) of section 252.937, Florida
  311  Statutes, is amended to read:
  312         252.937 Department powers and duties.—
  313         (2) To ensure that this program is self-supporting, the
  314  department shall provide administrative support, including
  315  staff, facilities, materials, and services to implement this
  316  part for specified stationary sources subject to s. 252.939 and
  317  shall provide necessary funding to local emergency planning
  318  committees and county emergency management agencies for work
  319  performed to implement this part. Each state agency with
  320  regulatory, inspection, or technical assistance programs for
  321  specified stationary sources subject to this part shall enter
  322  into a memorandum of understanding with the department which
  323  specifically outlines how each agency’s staff, facilities,
  324  materials, and services will be utilized to support
  325  implementation. At a minimum, these agencies and programs
  326  include: the Department of Environmental Protection’s Division
  327  of Air Resources Management and Division of Water Resource
  328  Management, and the Department of Labor and Employment
  329  Security’s Division of Safety. It is the Legislature’s intent to
  330  implement this part as efficiently and economically as possible,
  331  using existing expertise and resources, if available and
  332  appropriate.
  333         Section 9. Section 287.09431, Florida Statutes, is amended
  334  to read:
  335         287.09431 Statewide and interlocal agreement on
  336  certification of business concerns for the status of minority
  337  business enterprise.—The statewide and interlocal agreement on
  338  certification of business concerns for the status of minority
  339  business enterprise is hereby enacted and entered into with all
  340  jurisdictions or organizations legally joining therein. If,
  341  within 2 years from the date that the certification core
  342  criteria are approved by the Department of Management Services
  343  Department of Labor and Employment Security, the agreement
  344  included herein is not executed by a majority of county and
  345  municipal governing bodies that administer a minority business
  346  assistance program on the effective date of this act, then the
  347  Legislature shall review this agreement. It is the intent of the
  348  Legislature that if the agreement is not executed by a majority
  349  of the requisite governing bodies, then a statewide uniform
  350  certification process should be adopted, and that said agreement
  351  should be repealed and replaced by a mandatory state government
  352  certification process.
  353  
  354                              ARTICLE I                            
  355  
  356         PURPOSE, FINDINGS, AND POLICY.—
  357         (1) The parties to this agreement, desiring by common
  358  action to establish a uniform certification process in order to
  359  reduce the multiplicity of applications by business concerns to
  360  state and local governmental programs for minority business
  361  assistance, declare that it is the policy of each of them, on
  362  the basis of cooperation with one another, to remedy social and
  363  economic disadvantage suffered by certain groups, resulting in
  364  their being historically underutilized in ownership and control
  365  of commercial enterprises. Thus, the parties seek to address
  366  this history by increasing the participation of the identified
  367  groups in opportunities afforded by government procurement.
  368         (2) The parties find that the State of Florida presently
  369  certifies firms for participation in the minority business
  370  assistance programs of the state. The parties find further that
  371  some counties, municipalities, school boards, special districts,
  372  and other divisions of local government require a separate, yet
  373  similar, and in most cases redundant certification in order for
  374  businesses to participate in the programs sponsored by each
  375  government entity.
  376         (3) The parties find further that this redundant
  377  certification has proven to be unduly burdensome to the
  378  minority-owned firms intended to benefit from the underlying
  379  purchasing incentives.
  380         (4) The parties agree that:
  381         (a) They will facilitate integrity, stability, and
  382  cooperation in the statewide and interlocal certification
  383  process, and in other elements of programs established to assist
  384  minority-owned businesses.
  385         (b) They shall cooperate with agencies, organizations, and
  386  associations interested in certification and other elements of
  387  minority business assistance.
  388         (c) It is the purpose of this agreement to provide for a
  389  uniform process whereby the status of a business concern may be
  390  determined in a singular review of the business information for
  391  these purposes, in order to eliminate any undue expense, delay,
  392  or confusion to the minority-owned businesses in seeking to
  393  participate in the minority business assistance programs of
  394  state and local jurisdictions.
  395  
  396                             ARTICLE II                            
  397  
  398         DEFINITIONS.—As used in this agreement and contracts made
  399  pursuant to it, unless the context clearly requires otherwise:
  400         (1) “Awarding organization” means any political subdivision
  401  or organization authorized by law, ordinance, or agreement to
  402  enter into contracts and for which the governing body has
  403  entered into this agreement.
  404         (2) “Department” means the Department of Management
  405  Services Department of Labor and Employment Security.
  406         (3) “Minority” means a person who is a lawful, permanent
  407  resident of the state, having origins in one of the minority
  408  groups as described and adopted by the Department of Management
  409  Services Department of Labor and Employment Security, hereby
  410  incorporated by reference.
  411         (4) “Minority business enterprise” means any small business
  412  concern as defined in subsection (6) that meets all of the
  413  criteria described and adopted by the Department of Management
  414  Services Department of Labor and Employment Security, hereby
  415  incorporated by reference.
  416         (5) “Participating state or local organization” means any
  417  political subdivision of the state or organization designated by
  418  such that elects to participate in the certification process
  419  pursuant to this agreement, which has been approved according to
  420  s. 287.0943(3) and has legally entered into this agreement.
  421         (6) “Small business concern” means an independently owned
  422  and operated business concern which is of a size and type as
  423  described and adopted by vote related to this agreement of the
  424  commission, hereby incorporated by reference.
  425  
  426                             ARTICLE III                           
  427  
  428         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
  429         (1) All awarding organizations shall accept a certification
  430  granted by any participating organization which has been
  431  approved according to s. 287.0943(3) and has entered into this
  432  agreement, as valid status of minority business enterprise.
  433         (2) A participating organization shall certify a business
  434  concern that meets the definition of minority business
  435  enterprise in this agreement, in accordance with the duly
  436  adopted eligibility criteria.
  437         (3) All participating organizations shall issue notice of
  438  certification decisions granting or denying certification to all
  439  other participating organizations within 14 days of the
  440  decision. Such notice may be made through electronic media.
  441         (4) No certification will be granted without an onsite
  442  visit to verify ownership and control of the prospective
  443  minority business enterprise, unless verification can be
  444  accomplished by other methods of adequate verification or
  445  assessment of ownership and control.
  446         (5) The certification of a minority business enterprise
  447  pursuant to the terms of this agreement shall not be suspended,
  448  revoked, or otherwise impaired except on any grounds which would
  449  be sufficient for revocation or suspension of a certification in
  450  the jurisdiction of the participating organization.
  451         (6) The certification determination of a party may be
  452  challenged by any other participating organization by the
  453  issuance of a timely written notice by the challenging
  454  organization to the certifying organization’s determination
  455  within 10 days of receiving notice of the certification
  456  decision, stating the grounds therefor.
  457         (7) The sole accepted grounds for challenge shall be the
  458  failure of the certifying organization to adhere to the adopted
  459  criteria or the certifying organization’s rules or procedures,
  460  or the perpetuation of a misrepresentation or fraud by the firm.
  461         (8) The certifying organization shall reexamine its
  462  certification determination and submit written notice to the
  463  applicant and the challenging organization of its findings
  464  within 30 days after the receipt of the notice of challenge.
  465         (9) If the certification determination is affirmed, the
  466  challenging agency may subsequently submit timely written notice
  467  to the firm of its intent to revoke certification of the firm.
  468  
  469                             ARTICLE IV                            
  470  
  471         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
  472  shall be construed to repeal or otherwise modify any ordinance,
  473  law, or regulation of a party relating to the existing minority
  474  business assistance provisions and procedures by which minority
  475  business enterprises participate therein.
  476  
  477                              ARTICLE V                            
  478  
  479         TERM.—The term of the agreement shall be 5 years, after
  480  which it may be reexecuted by the parties.
  481  
  482                             ARTICLE VI                            
  483  
  484         AGREEMENT EVALUATION.—The designated state and local
  485  officials may meet from time to time as a group to evaluate
  486  progress under the agreement, to formulate recommendations for
  487  changes, or to propose a new agreement.
  488  
  489                             ARTICLE VII                           
  490  
  491         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
  492  construed to prevent or inhibit other arrangements or practices
  493  of any party in order to comply with federal law.
  494  
  495                            ARTICLE VIII                           
  496  
  497         EFFECT AND WITHDRAWAL.—
  498         (1) This agreement shall become effective when properly
  499  executed by a legal representative of the participating
  500  organization, when enacted into the law of the state and after
  501  an ordinance or other legislation is enacted into law by the
  502  governing body of each participating organization. Thereafter it
  503  shall become effective as to any participating organization upon
  504  the enactment of this agreement by the governing body of that
  505  organization.
  506         (2) Any party may withdraw from this agreement by enacting
  507  legislation repealing the same, but no such withdrawal shall
  508  take effect until one year after the governing body of the
  509  withdrawing party has given notice in writing of the withdrawal
  510  to the other parties.
  511         (3) No withdrawal shall relieve the withdrawing party of
  512  any obligations imposed upon it by law.
  513  
  514                             ARTICLE IX                            
  515  
  516         FINANCIAL RESPONSIBILITY.—
  517         (1) A participating organization shall not be financially
  518  responsible or liable for the obligations of any other
  519  participating organization related to this agreement.
  520         (2) The provisions of this agreement shall constitute
  521  neither a waiver of any governmental immunity under Florida law
  522  nor a waiver of any defenses of the parties under Florida law.
  523  The provisions of this agreement are solely for the benefit of
  524  its executors and not intended to create or grant any rights,
  525  contractual or otherwise, to any person or entity.
  526  
  527                              ARTICLE X                            
  528  
  529         VENUE AND GOVERNING LAW.—The obligations of the parties to
  530  this agreement are performable only within the county where the
  531  participating organization is located, and statewide for the
  532  Office of Supplier Diversity, and venue for any legal action in
  533  connection with this agreement shall lie, for any participating
  534  organization except the Office of Supplier Diversity,
  535  exclusively in the county where the participating organization
  536  is located. This agreement shall be governed by and construed in
  537  accordance with the laws and court decisions of the state.
  538  
  539                             ARTICLE XI                            
  540  
  541         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
  542  liberally construed so as to effectuate the purposes thereof.
  543  The provisions of this agreement shall be severable and if any
  544  phrase, clause, sentence, or provision of this agreement is
  545  declared to be contrary to the State Constitution or the United
  546  States Constitution, or the application thereof to any
  547  government, agency, person, or circumstance is held invalid, the
  548  validity of the remainder of this agreement and the
  549  applicability thereof to any government, agency, person, or
  550  circumstance shall not be affected thereby. If this agreement
  551  shall be held contrary to the State Constitution, the agreement
  552  shall remain in full force and effect as to all severable
  553  matters.
  554         Section 10. Paragraphs (h) and (o) of subsection (4) of
  555  section 287.09451, Florida Statutes, are amended to read:
  556         287.09451 Office of Supplier Diversity; powers, duties, and
  557  functions.—
  558         (4) The Office of Supplier Diversity shall have the
  559  following powers, duties, and functions:
  560         (h) To develop procedures to investigate complaints against
  561  minority business enterprises or contractors alleged to violate
  562  any provision related to this section or s. 287.0943, that may
  563  include visits to worksites or business premises, and to refer
  564  all information on businesses suspected of misrepresenting
  565  minority status to the Department of Management Services for
  566  investigation. When an investigation is completed and there is
  567  reason to believe that a violation has occurred, the Department
  568  of Labor and Employment Security shall refer the matter shall be
  569  referred to the office of the Attorney General, Department of
  570  Legal Affairs, for prosecution.
  571         (o)1. To establish a system to record and measure the use
  572  of certified minority business enterprises in state contracting.
  573  This system shall maintain information and statistics on
  574  certified minority business enterprise participation, awards,
  575  dollar volume of expenditures and agency goals, and other
  576  appropriate types of information to analyze progress in the
  577  access of certified minority business enterprises to state
  578  contracts and to monitor agency compliance with this section.
  579  Such reporting must include, but is not limited to, the
  580  identification of all subcontracts in state contracting by
  581  dollar amount and by number of subcontracts and the
  582  identification of the utilization of certified minority business
  583  enterprises as prime contractors and subcontractors by dollar
  584  amounts of contracts and subcontracts, number of contracts and
  585  subcontracts, minority status, industry, and any conditions or
  586  circumstances that significantly affected the performance of
  587  subcontractors. Agencies shall report their compliance with the
  588  requirements of this reporting system at least annually and at
  589  the request of the office. All agencies shall cooperate with the
  590  office in establishing this reporting system. Except in
  591  construction contracting, all agencies shall review contracts
  592  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
  593  determine if such contracts could be divided into smaller
  594  contracts to be separately solicited and awarded, and shall,
  595  when economical, offer such smaller contracts to encourage
  596  minority participation.
  597         2. To report agency compliance with the provisions of
  598  subparagraph 1. for the preceding fiscal year to the Governor
  599  and Cabinet, the President of the Senate, and the Speaker of the
  600  House of Representatives, and the secretary of the Department of
  601  Labor and Employment Security on or before February 1 of each
  602  year. The report must contain, at a minimum, the following:
  603         a. Total expenditures of each agency by industry.
  604         b. The dollar amount and percentage of contracts awarded to
  605  certified minority business enterprises by each state agency.
  606         c. The dollar amount and percentage of contracts awarded
  607  indirectly to certified minority business enterprises as
  608  subcontractors by each state agency.
  609         d. The total dollar amount and percentage of contracts
  610  awarded to certified minority business enterprises, whether
  611  directly or indirectly, as subcontractors.
  612         e. A statement and assessment of good faith efforts taken
  613  by each state agency.
  614         f. A status report of agency compliance with subsection
  615  (6), as determined by the Minority Business Enterprise Office.
  616         Section 11. Subsections (1) and (5) of section 287.0947,
  617  Florida Statutes, are amended to read:
  618         287.0947 Florida Advisory Council on Small and Minority
  619  Business Development; creation; membership; duties.—
  620         (1) On or after October 1, 1996, The Secretary of
  621  Management Services the Department of Labor and Employment
  622  Security may create the Florida Advisory Council on Small and
  623  Minority Business Development with the purpose of advising and
  624  assisting the secretary in carrying out the secretary’s duties
  625  with respect to minority businesses and economic and business
  626  development. It is the intent of the Legislature that the
  627  membership of such council include practitioners, laypersons,
  628  financiers, and others with business development experience who
  629  can provide invaluable insight and expertise for this state in
  630  the diversification of its markets and networking of business
  631  opportunities. The council shall initially consist of 19
  632  persons, each of whom is or has been actively engaged in small
  633  and minority business development, either in private industry,
  634  in governmental service, or as a scholar of recognized
  635  achievement in the study of such matters. Initially, the council
  636  shall consist of members representing all regions of the state
  637  and shall include at least one member from each group identified
  638  within the definition of “minority person” in s. 288.703(3),
  639  considering also gender and nationality subgroups, and shall
  640  consist of the following:
  641         (a) Four members consisting of representatives of local and
  642  federal small and minority business assistance programs or
  643  community development programs.
  644         (b) Eight members composed of representatives of the
  645  minority private business sector, including certified minority
  646  business enterprises and minority supplier development councils,
  647  among whom at least two shall be women and at least four shall
  648  be minority persons.
  649         (c) Two representatives of local government, one of whom
  650  shall be a representative of a large local government, and one
  651  of whom shall be a representative of a small local government.
  652         (d) Two representatives from the banking and insurance
  653  industry.
  654         (e) Two members from the private business sector,
  655  representing the construction and commodities industries.
  656         (f) The chairperson of the Florida Black Business
  657  Investment Board or the chairperson’s designee.
  658  
  659  A candidate for appointment may be considered if eligible to be
  660  certified as an owner of a minority business enterprise, or if
  661  otherwise qualified under the criteria above. Vacancies may be
  662  filled by appointment of the secretary, in the manner of the
  663  original appointment.
  664         (5) The powers and duties of the council include, but are
  665  not limited to: researching and reviewing the role of small and
  666  minority businesses in the state’s economy; reviewing issues and
  667  emerging topics relating to small and minority business economic
  668  development; studying the ability of financial markets and
  669  institutions to meet small business credit needs and determining
  670  the impact of government demands on credit for small businesses;
  671  assessing the implementation of s. 187.201(21) 187.201(22),
  672  requiring a state economic development comprehensive plan, as it
  673  relates to small and minority businesses; assessing the
  674  reasonableness and effectiveness of efforts by any state agency
  675  or by all state agencies collectively to assist minority
  676  business enterprises; and advising the Governor, the secretary,
  677  and the Legislature on matters relating to small and minority
  678  business development which are of importance to the
  679  international strategic planning and activities of this state.
  680         Section 12. Subsection (1) of section 288.021, Florida
  681  Statutes, is amended to read:
  682         288.021 Economic development liaison.—
  683         (1) The heads of the Department of Transportation, the
  684  Department of Environmental Protection and an additional member
  685  appointed by the secretary of the department, the Agency for
  686  Workforce Innovation the Department of Labor and Employment
  687  Security, the Department of Education, the Department of
  688  Community Affairs, the Department of Management Services, the
  689  Department of Revenue, the Fish and Wildlife Conservation
  690  Commission, each water management district, and each Department
  691  of Transportation District office shall designate a high-level
  692  staff member from within such agency to serve as the economic
  693  development liaison for the agency. This person shall report to
  694  the agency head and have general knowledge both of the state’s
  695  permitting and other regulatory functions and of the state’s
  696  economic goals, policies, and programs. This person shall also
  697  be the primary point of contact for the agency with the Office
  698  of Tourism, Trade, and Economic Development on issues and
  699  projects important to the economic development of Florida,
  700  including its rural areas, to expedite project review, to ensure
  701  a prompt, effective response to problems arising with regard to
  702  permitting and regulatory functions, and to work closely with
  703  the other economic development liaisons to resolve interagency
  704  conflicts.
  705         Section 13. Subsection (1) of section 288.035, Florida
  706  Statutes, is amended to read:
  707         288.035 Economic development activities.—
  708         (1) The Florida Public Service Commission may authorize
  709  public utilities to recover reasonable economic development
  710  expenses. For purposes of this section, recoverable “economic
  711  development expenses” are those expenses described in subsection
  712  (2) which are consistent with criteria to be established by
  713  rules adopted by the Department of Commerce as of June 30, 1996,
  714  or as those criteria are later modified by the Office of
  715  Tourism, Trade, and Economic Development.
  716         Section 14. Section 288.038, Florida Statutes, is repealed.
  717         Section 15. Subsections (1), (2), and (4) of section
  718  288.1168, Florida Statutes, are amended to read:
  719         288.1168 Professional golf hall of fame facility.—
  720         (1) The Office of Tourism, Trade, and Economic Development
  721  Department of Commerce shall serve as the state agency for
  722  screening applicants for state funding pursuant to s. 212.20 and
  723  for certifying one applicant as the professional golf hall of
  724  fame facility in the state.
  725         (2) Prior to certifying the professional golf hall of fame
  726  facility, the Office of Tourism, Trade, and Economic Development
  727  Department of Commerce must determine that:
  728         (a) The professional golf hall of fame facility is the only
  729  professional golf hall of fame in the United States recognized
  730  by the PGA Tour, Inc.
  731         (b) The applicant is a unit of local government as defined
  732  in s. 218.369 or a private sector group that has contracted to
  733  construct or operate the professional golf hall of fame facility
  734  on land owned by a unit of local government.
  735         (c) The municipality in which the professional golf hall of
  736  fame facility is located, or the county if the facility is
  737  located in an unincorporated area, has certified by resolution
  738  after a public hearing that the application serves a public
  739  purpose.
  740         (d) There are existing projections that the professional
  741  golf hall of fame facility will attract a paid attendance of
  742  more than 300,000 annually.
  743         (e) There is an independent analysis or study, using
  744  methodology approved by the office department, which
  745  demonstrates that the amount of the revenues generated by the
  746  taxes imposed under chapter 212 with respect to the use and
  747  operation of the professional golf hall of fame facility will
  748  equal or exceed $2 million annually.
  749         (f) The applicant has submitted an agreement to provide $2
  750  million annually in national and international media promotion
  751  of the professional golf hall of fame facility, Florida, and
  752  Florida tourism, through the PGA Tour, Inc., or its affiliates,
  753  at the then-current commercial rate, during the period of time
  754  that the facility receives funds pursuant to s. 212.20. The
  755  Office of Tourism, Trade, and Economic Development and the PGA
  756  Tour, Inc., or its affiliates, must agree annually on a
  757  reasonable percentage of advertising specifically allocated for
  758  generic Florida advertising. The Office of Tourism, Trade, and
  759  Economic Development shall have final approval of all generic
  760  advertising. Failure on the part of the PGA Tour, Inc., or its
  761  affiliates to annually provide the advertising as provided in
  762  this paragraph or subsection (6) shall result in the termination
  763  of funding as provided in s. 212.20.
  764         (g) Documentation exists that demonstrates that the
  765  applicant has provided, is capable of providing, or has
  766  financial or other commitments to provide more than one-half of
  767  the costs incurred or related to the improvement and development
  768  of the facility.
  769         (h) The application is signed by an official senior
  770  executive of the applicant and is notarized according to Florida
  771  law providing for penalties for falsification.
  772         (4) Upon determining that an applicant is or is not
  773  certifiable, the director of the Office of Tourism, Trade, and
  774  Economic Development Secretary of Commerce shall notify the
  775  applicant of his or her status by means of an official letter.
  776  If certifiable, the director secretary shall notify the
  777  executive director of the Department of Revenue and the
  778  applicant of such certification by means of an official letter
  779  granting certification. From the date of such certification, the
  780  applicant shall have 5 years to open the professional golf hall
  781  of fame facility to the public and notify the Office of Tourism,
  782  Trade, and Economic Development of such opening. The Department
  783  of Revenue shall not begin distributing funds until 30 days
  784  following notice by the Office of Tourism, Trade, and Economic
  785  Development that the professional golf hall of fame facility is
  786  open to the public.
  787         Section 16. Subsection (7) of section 288.1229, Florida
  788  Statutes, is amended to read:
  789         288.1229 Promotion and development of sports-related
  790  industries and amateur athletics; direct-support organization;
  791  powers and duties.—
  792         (7) In exercising the power provided in this section, the
  793  Office of Tourism, Trade, and Economic Development may authorize
  794  and contract with the direct-support organization existing on
  795  June 30, 1996, and authorized by the former Florida Department
  796  of Commerce to promote sports-related industries. An appointed
  797  member of the board of directors of such direct-support
  798  organization as of June 30, 1996, may serve the remainder of his
  799  or her unexpired term.
  800         Section 17. Section 288.1169, Florida Statutes, is amended
  801  to read:
  802         288.1169 International Game Fish Association World Center
  803  facility.—
  804         (1) The Office of Tourism, Trade, and Economic Development
  805  Department of Commerce shall serve as the state agency approving
  806  applicants for funding pursuant to s. 212.20 and for certifying
  807  the applicant as the International Game Fish Association World
  808  Center facility. For purposes of this section, “facility” means
  809  the International Game Fish Association World Center, and
  810  “project” means the International Game Fish Association World
  811  Center and new colocated improvements by private sector concerns
  812  who have made cash or in-kind contributions to the facility of
  813  $1 million or more.
  814         (2) Prior to certifying this facility, the office
  815  department must determine that:
  816         (a) The International Game Fish Association World Center is
  817  the only fishing museum, Hall of Fame, and international
  818  administrative headquarters in the United States recognized by
  819  the International Game Fish Association, and that one or more
  820  private sector concerns have committed to donate to the
  821  International Game Fish Association land upon which the
  822  International Game Fish Association World Center will operate.
  823         (b) International Game Fish Association is a not-for-profit
  824  Florida corporation that has contracted to construct and operate
  825  the facility.
  826         (c) The municipality in which the facility is located, or
  827  the county if the facility is located in an unincorporated area,
  828  has certified by resolution after a public hearing that the
  829  facility serves a public purpose.
  830         (d) There are existing projections that the International
  831  Game Fish Association World Center facility and the colocated
  832  facilities of private sector concerns will attract an attendance
  833  of more than 1.8 million annually.
  834         (e) There is an independent analysis or study, using
  835  methodology approved by the office department, which
  836  demonstrates that the amount of the revenues generated by the
  837  taxes imposed under chapter 212 with respect to the use and
  838  operation of the project will exceed $1 million annually.
  839         (f) There are existing projections that the project will
  840  attract more than 300,000 persons annually who are not residents
  841  of the state.
  842         (g) The applicant has submitted an agreement to provide
  843  $500,000 annually in national and international media promotion
  844  of the facility, at the then-current commercial rates, during
  845  the period of time that the facility receives funds pursuant to
  846  s. 212.20. Failure on the part of the applicant to annually
  847  provide the advertising as provided in this paragraph shall
  848  result in the termination of the funding as provided in s.
  849  212.20. The applicant can discharge its obligation under this
  850  paragraph by contracting with other persons, including private
  851  sector concerns who participate in the project.
  852         (h) Documentation exists that demonstrates that the
  853  applicant has provided, and is capable of providing, or has
  854  financial or other commitments to provide, more than one-half of
  855  the cost incurred or related to the improvements and the
  856  development of the facility.
  857         (i) The application is signed by senior officials of the
  858  International Game Fish Association and is notarized according
  859  to Florida law providing for penalties for falsification.
  860         (3) The applicant may use funds provided pursuant to s.
  861  212.20 for the purpose of paying for the construction,
  862  reconstruction, renovation, promotion, or operation of the
  863  facility, or to pay or pledge for payment of debt service on, or
  864  to fund debt service reserve funds, arbitrage rebate
  865  obligations, or other amounts payable with respect to, bonds
  866  issued for the construction, reconstruction, or renovation of
  867  the facility or for the reimbursement of such costs or by
  868  refinancing of bonds issued for such purposes.
  869         (4) Upon determining that an applicant is or is not
  870  certifiable, the Office of Tourism, Trade, and Economic
  871  Development Department of Commerce shall notify the applicant of
  872  its status by means of an official letter. If certifiable, the
  873  Office of Tourism, Trade, and Economic Development Department of
  874  Commerce shall notify the executive director of the Department
  875  of Revenue and the applicant of such certification by means of
  876  an official letter granting certification. From the date of such
  877  certification, the applicant shall have 5 years to open the
  878  facility to the public and notify the Office of Tourism, Trade,
  879  and Economic Development Department of Commerce of such opening.
  880  The Department of Revenue shall not begin distributing funds
  881  until 30 days following notice by the Office of Tourism, Trade,
  882  and Economic Development Department of Commerce that the
  883  facility is open to the public.
  884         (5) The Department of Revenue may audit as provided in s.
  885  213.34 to verify that the contributions pursuant to this section
  886  have been expended as required by this section.
  887         (6) The Office of Tourism, Trade, and Economic Development
  888  Department of Commerce must recertify every 10 years that the
  889  facility is open, that the International Game Fish Association
  890  World Center continues to be the only international
  891  administrative headquarters, fishing museum, and Hall of Fame in
  892  the United States recognized by the International Game Fish
  893  Association, and that the project is meeting the minimum
  894  projections for attendance or sales tax revenues as required at
  895  the time of original certification. If the facility is not
  896  recertified during this 10-year review as meeting the minimum
  897  projections, then funding shall be abated until certification
  898  criteria are met. If the project fails to generate $1 million of
  899  annual revenues pursuant to paragraph (2)(e), the distribution
  900  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
  901  an amount equal to $83,333 multiplied by a fraction, the
  902  numerator of which is the actual revenues generated and the
  903  denominator of which is $1 million. Such reduction remains in
  904  effect until revenues generated by the project in a 12-month
  905  period equal or exceed $1 million.
  906         Section 18. Subsections (2), (4), and (5) of section
  907  331.369, Florida Statutes, are amended to read:
  908         331.369 Space Industry Workforce Initiative.—
  909         (2) Workforce Florida, Inc., The Workforce Development
  910  Board of Enterprise Florida, Inc., or its successor entity,
  911  shall coordinate development of a Space Industry Workforce
  912  Initiative in partnership with Space Florida, public and private
  913  universities, community colleges, and other training providers
  914  approved by the board. The purpose of the initiative is to use
  915  or revise existing programs and to develop innovative new
  916  programs to address the workforce needs of the aerospace
  917  industry.
  918         (4) Workforce Florida, Inc., The Workforce Development
  919  Board of Enterprise Florida, Inc., or its successor entity, with
  920  the assistance of Space Florida, shall convene representatives
  921  from the aerospace industry to identify the priority training
  922  and education needs of the industry and to appoint a team to
  923  design programs to meet the priority needs.
  924         (5) Workforce Florida, Inc., The Workforce Development
  925  Board of Enterprise Florida, Inc., or its successor entity, as
  926  part of its statutorily prescribed annual report to the
  927  Legislature, shall provide recommendations for policies,
  928  programs, and funding to enhance the workforce needs of the
  929  aerospace industry.
  930         Section 19. Paragraph (h) of subsection (5) of section
  931  377.711, Florida Statutes, is amended to read:
  932         377.711 Florida party to Southern States Energy Compact.
  933  The Southern States Energy Compact is enacted into law and
  934  entered into by the state as a party, and is of full force and
  935  effect between the state and any other states joining therein in
  936  accordance with the terms of the compact, which compact is
  937  substantially as follows:
  938         (5) POWERS.—The board shall have the power to:
  939         (h) Recommend such changes in, or amendments or additions
  940  to, the laws, codes, rules, regulations, administrative
  941  procedures and practices, or ordinances of the party states in
  942  any of the fields of its interest and competence as in its
  943  judgment may be appropriate. Any such recommendation shall be
  944  made through the appropriate state agency with due consideration
  945  of the desirability of uniformity but shall also give
  946  appropriate weight to any special circumstances that may justify
  947  variations to meet local conditions. Any such recommendation
  948  shall be made, in the case of Florida, through the Department of
  949  Commerce.
  950         Section 20. Subsection (3) of section 377.712, Florida
  951  Statutes, is amended to read:
  952         377.712 Florida participation.—
  953         (3) Departments The department, agencies, and officers of
  954  this state, and its subdivisions are authorized to cooperate
  955  with the board in the furtherance of any of its activities
  956  pursuant to the compact, provided such proposed activities have
  957  been made known to, and have the approval of, either the
  958  Governor or the Department of Health.
  959         Section 21. Subsection (1), paragraph (b) of subsection
  960  (3), and subsection (8) of section 409.2576, Florida Statutes,
  961  are amended to read:
  962         409.2576 State Directory of New Hires.—
  963         (1) DIRECTORY CREATED.—The State Directory of New Hires is
  964  hereby created and shall be administered by the Department of
  965  Revenue or its agent. The Department of Labor and Employment
  966  Security will act as the agent until a date not later than
  967  October 1, 1998. All employers in the state shall furnish a
  968  report consistent with subsection (3) for each newly hired or
  969  rehired employee unless the employee is employed by a federal or
  970  state agency performing intelligence or counterintelligence
  971  functions and the head of such agency has determined that
  972  reporting pursuant to this section could endanger the safety of
  973  the employee or compromise an ongoing investigation or
  974  intelligence mission.
  975         (3) EMPLOYERS TO FURNISH REPORTS.—
  976         (b) Upon termination of the contract with the Department of
  977  Labor and Employment Security, but not later than October 1,
  978  1998, All employers shall furnish a report to the State
  979  Directory of New Hires of the state in which the newly hired or
  980  rehired employee works. The report required in this section
  981  shall be made on a W-4 form or, at the option of the employer,
  982  an equivalent form, and can be transmitted magnetically,
  983  electronically, by first-class mail, or other methods which may
  984  be prescribed by the State Directory. Each report shall include
  985  the name, address, date of hire, and social security number of
  986  every new and rehired employee and the name, address, and
  987  federal employer identification number of the reporting
  988  employer. If available, the employer may also include the
  989  employee’s date of birth in the report. Multistate employers
  990  that report new hire information electronically or magnetically
  991  may designate a single state to which it will transmit the above
  992  noted report, provided the employer has employees in that state
  993  and the employer notifies the Secretary of Health and Human
  994  Services in writing to which state the information will be
  995  provided. Agencies of the United States Government shall report
  996  directly to the National Directory of New Hires.
  997         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—Not later
  998  than October 1, 1997, The State Directory of New Hires must
  999  furnish information regarding newly hired or rehired employees
 1000  to the National Directory of New Hires for matching with the
 1001  records of other state case registries within 3 business days of
 1002  entering such information from the employer into the State
 1003  Directory of New Hires. The State Directory of New Hires shall
 1004  enter into an agreement with the Agency for Workforce Innovation
 1005  or its tax collection service provider Florida Department of
 1006  Labor and Employment Security for the quarterly reporting to the
 1007  National Directory of New Hires information on wages and
 1008  unemployment compensation taken from the quarterly report to the
 1009  Secretary of Labor, now required by Title III of the Social
 1010  Security Act, except that no report shall be filed with respect
 1011  to an employee of a state or local agency performing
 1012  intelligence or counterintelligence functions, if the head of
 1013  such agency has determined that filing such a report could
 1014  endanger the safety of the employee or compromise an ongoing
 1015  investigation or intelligence mission.
 1016         Section 22. Section 414.24, Florida Statutes, is amended to
 1017  read:
 1018         414.24 Integrated welfare reform and child welfare
 1019  services.—The department shall develop integrated service
 1020  delivery strategies to better meet the needs of families subject
 1021  to work activity requirements who are involved in the child
 1022  welfare system or are at high risk of involvement in the child
 1023  welfare system. To the extent that resources are available, the
 1024  department and the Agency for Workforce Innovation Department of
 1025  Labor and Employment Security shall provide funds to one or more
 1026  service districts to promote development of integrated,
 1027  nonduplicative case management within the department, the Agency
 1028  for Workforce Innovation Department of Labor and Employment
 1029  Security, other participating government agencies, and community
 1030  partners. Alternative delivery systems shall be encouraged which
 1031  include well-defined, pertinent outcome measures. Other factors
 1032  to be considered shall include innovation regarding training,
 1033  enhancement of existing resources, and increased private sector
 1034  and business sector participation.
 1035         Section 23. Section 414.40, Florida Statutes, is amended to
 1036  read:
 1037         414.40 Stop Inmate Fraud Program established; guidelines.—
 1038         (1) There is created within the Department of Financial
 1039  Services Department of Law Enforcement a Stop Inmate Fraud
 1040  Program.
 1041         (2) The Department of Financial Services Department of Law
 1042  Enforcement is directed to implement the Stop Inmate Fraud
 1043  Program in accordance with the following guidelines:
 1044         (a) The program shall establish procedures for sharing
 1045  public records not exempt from the public records law among
 1046  social services agencies regarding the identities of persons
 1047  incarcerated in state correctional institutions, as defined in
 1048  s. 944.02, or in county, municipal, or regional jails or other
 1049  detention facilities of local governments under chapter 950 or
 1050  chapter 951 who are wrongfully receiving public assistance
 1051  benefits or entitlement benefits.
 1052         (b) Pursuant to these procedures, the program shall have
 1053  access to records containing correctional information not exempt
 1054  from the public records law on incarcerated persons which have
 1055  been generated as criminal justice information. As used in this
 1056  paragraph, the term “record” is defined as provided in s.
 1057  943.045(7), and the term “criminal justice information” is
 1058  defined as provided in s. 943.045(3).
 1059         (c) Database searches shall be conducted of the inmate
 1060  population at each correctional institution or other detention
 1061  facility. A correctional institution or a detention facility
 1062  shall provide the Stop Inmate Fraud Program with the information
 1063  necessary to identify persons wrongfully receiving benefits in
 1064  the medium requested by the Stop Inmate Fraud Program if the
 1065  correctional institution or detention facility maintains the
 1066  information in that medium.
 1067         (d) Data obtained from correctional institutions or other
 1068  detention facilities shall be compared with the client files of
 1069  the Department of Children and Family Services, the Agency for
 1070  Workforce Innovation Department of Labor and Employment
 1071  Security, and other state or local agencies as needed to
 1072  identify persons wrongfully obtaining benefits. Data comparisons
 1073  shall be accomplished during periods of low information demand
 1074  by agency personnel to minimize inconvenience to the agency.
 1075         (e) Results of data comparisons shall be furnished to the
 1076  appropriate office for use in the county in which the data
 1077  originated. The program may provide reports of the data it
 1078  obtains to appropriate state, federal, and local government
 1079  agencies or governmental entities, including, but not limited
 1080  to:
 1081         1. The Child Support Enforcement Program of the Department
 1082  of Revenue, so that the data may be used as locator information
 1083  on persons being sought for purposes of child support.
 1084         2. The Social Security Administration, so that the data may
 1085  be used to reduce federal entitlement fraud within the state.
 1086         (f) Reports by the program to another agency or entity
 1087  shall be generated bimonthly, or as otherwise directed, and
 1088  shall be designed to accommodate that agency’s or entity’s
 1089  particular needs for data.
 1090         (g) Only those persons with active cases, or with cases
 1091  that were active during the incarceration period, shall be
 1092  reported, in order that the funding agency or entity, upon
 1093  verification of the data, may take whatever action is deemed
 1094  appropriate.
 1095         (h) For purposes of program review and analysis, each
 1096  agency or entity receiving data from the program shall submit
 1097  reports to the program which indicate the results of how the
 1098  data was used.
 1099         Section 24. Subsection (5) of section 440.385, Florida
 1100  Statutes, is amended to read:
 1101         440.385 Florida Self-Insurers Guaranty Association,
 1102  Incorporated.—
 1103         (5) PLAN OF OPERATION.—The association shall operate
 1104  pursuant to a plan of operation approved by the board of
 1105  directors. The plan of operation must be in effect on January 1,
 1106  2002, and approved by the Department of Financial Services and
 1107  Department of Labor and Employment Security shall remain in
 1108  effect. However, any amendments to the plan shall not become
 1109  effective until approved by the department of Financial
 1110  Services.
 1111         (a) The purpose of the plan of operation shall be to
 1112  provide the association and the board of directors with the
 1113  authority and responsibility to establish the necessary programs
 1114  and to take the necessary actions to protect against the
 1115  insolvency of a member of the association. In addition, the plan
 1116  shall provide that the members of the association shall be
 1117  responsible for maintaining an adequate Insolvency Fund to meet
 1118  the obligations of insolvent members provided for under this act
 1119  and shall authorize the board of directors to contract and
 1120  employ those persons with the necessary expertise to carry out
 1121  this stated purpose. By January 1, 2003, The board of directors
 1122  shall submit to the department a proposed plan of operation for
 1123  the administration of the association. The department shall
 1124  approve the plan by order, consistent with this section. The
 1125  department shall approve any amendments to the plan, consistent
 1126  with this section, which are determined appropriate to carry out
 1127  the duties and responsibilities of the association.
 1128         (b) All member employers shall comply with the plan of
 1129  operation.
 1130         (c) The plan of operation shall:
 1131         1. Establish the procedures whereby all the powers and
 1132  duties of the association under subsection (3) will be
 1133  performed.
 1134         2. Establish procedures for handling assets of the
 1135  association.
 1136         3. Establish the amount and method of reimbursing members
 1137  of the board of directors under subsection (2).
 1138         4. Establish procedures by which claims may be filed with
 1139  the association and establish acceptable forms of proof of
 1140  covered claims. Notice of claims to the receiver or liquidator
 1141  of the insolvent employer shall be deemed notice to the
 1142  association or its agent, and a list of such claims shall be
 1143  submitted periodically to the association or similar
 1144  organization in another state by the receiver or liquidator.
 1145         5. Establish regular places and times for meetings of the
 1146  board of directors.
 1147         6. Establish procedures for records to be kept of all
 1148  financial transactions of the association and its agents and the
 1149  board of directors.
 1150         7. Provide that any member employer aggrieved by any final
 1151  action or decision of the association may appeal to the
 1152  department within 30 days after the action or decision.
 1153         8. Establish the procedures whereby recommendations of
 1154  candidates for the board of directors shall be submitted to the
 1155  department.
 1156         9. Contain additional provisions necessary or proper for
 1157  the execution of the powers and duties of the association.
 1158         (d) The plan of operation may provide that any or all of
 1159  the powers and duties of the association, except those specified
 1160  under subparagraphs (c)1. and 2., be delegated to a corporation,
 1161  association, or other organization which performs or will
 1162  perform functions similar to those of this association or its
 1163  equivalent in two or more states. Such a corporation,
 1164  association, or organization shall be reimbursed as a servicing
 1165  facility would be reimbursed and shall be paid for its
 1166  performance of any other functions of the association. A
 1167  delegation of powers or duties under this subsection shall take
 1168  effect only with the approval of both the board of directors and
 1169  the department and may be made only to a corporation,
 1170  association, or organization which extends protection which is
 1171  not substantially less favorable and effective than the
 1172  protection provided by this section.
 1173         Section 25. Paragraph (b) of subsection (9) of section
 1174  440.49, Florida Statutes, is amended to read:
 1175         440.49 Limitation of liability for subsequent injury
 1176  through Special Disability Trust Fund.—
 1177         (9) SPECIAL DISABILITY TRUST FUND.—
 1178         (b)1. The Special Disability Trust Fund shall be maintained
 1179  by annual assessments upon the insurance companies writing
 1180  compensation insurance in the state, the commercial self
 1181  insurers under ss. 624.462 and 624.4621, the assessable mutuals
 1182  as defined in s. 628.6011, and the self-insurers under this
 1183  chapter, which assessments shall become due and be paid
 1184  quarterly at the same time and in addition to the assessments
 1185  provided in s. 440.51. The department shall estimate annually in
 1186  advance the amount necessary for the administration of this
 1187  subsection and the maintenance of this fund and shall make such
 1188  assessment in the manner hereinafter provided.
 1189         2. The annual assessment shall be calculated to produce
 1190  during the ensuing fiscal year an amount which, when combined
 1191  with that part of the balance in the fund on June 30 of the
 1192  current fiscal year which is in excess of $100,000, is equal to
 1193  the average of:
 1194         a. The sum of disbursements from the fund during the
 1195  immediate past 3 calendar years, and
 1196         b. Two times the disbursements of the most recent calendar
 1197  year.
 1198  
 1199  Such amount shall be prorated among the insurance companies
 1200  writing compensation insurance in the state and the self
 1201  insurers. Provided however, for those carriers that have
 1202  excluded ceded reinsurance premiums from their assessments on or
 1203  before January 1, 2000, no assessments on ceded reinsurance
 1204  premiums shall be paid by those carriers until such time as the
 1205  former Division of Workers’ Compensation of the Department of
 1206  Labor and Employment Security or the department advises each of
 1207  those carriers of the impact that the inclusion of ceded
 1208  reinsurance premiums has on their assessment. The department may
 1209  not recover any past underpayments of assessments levied against
 1210  any carrier that on or before January 1, 2000, excluded ceded
 1211  reinsurance premiums from their assessment prior to the point
 1212  that the former Division of Workers’ Compensation of the
 1213  Department of Labor and Employment Security or the department
 1214  advises of the appropriate assessment that should have been
 1215  paid.
 1216         3. The net premiums written by the companies for workers’
 1217  compensation in this state and the net premium written
 1218  applicable to the self-insurers in this state are the basis for
 1219  computing the amount to be assessed as a percentage of net
 1220  premiums. Such payments shall be made by each carrier and self
 1221  insurer to the department for the Special Disability Trust Fund
 1222  in accordance with such regulations as the department
 1223  prescribes.
 1224         4. The Chief Financial Officer is authorized to receive and
 1225  credit to such Special Disability Trust Fund any sum or sums
 1226  that may at any time be contributed to the state by the United
 1227  States under any Act of Congress, or otherwise, to which the
 1228  state may be or become entitled by reason of any payments made
 1229  out of such fund.
 1230         Section 26. Section 446.60, Florida Statutes, is repealed.
 1231         Section 27. Section 450.161, Florida Statutes, is amended
 1232  to read:
 1233         450.161 Chapter not to affect career education of children;
 1234  other exceptions.—Nothing in this chapter shall prevent minors
 1235  of any age from receiving career education furnished by the
 1236  United States, this state, or any county or other political
 1237  subdivision of this state and duly approved by the Department of
 1238  Education or other duly constituted authority, nor any
 1239  apprentice indentured under a plan approved by the Department of
 1240  Education Division of Jobs and Benefits, or prevent the
 1241  employment of any minor 14 years of age or older when such
 1242  employment is authorized as an integral part of, or supplement
 1243  to, such a course in career education and is authorized by
 1244  regulations of the district school board of the district in
 1245  which such minor is employed, provided the employment is in
 1246  compliance with the provisions of ss. 450.021(4) and 450.061.
 1247  Exemptions for the employment of student learners 16 to 18 years
 1248  of age are provided in s. 450.061. Such an exemption shall apply
 1249  when:
 1250         (1) The student learner is enrolled in a youth vocational
 1251  training program under a recognized state or local educational
 1252  authority.
 1253         (2) Such student learner is employed under a written
 1254  agreement which provides:
 1255         (a) That the work of the student learner in the occupation
 1256  declared particularly hazardous shall be incidental to the
 1257  training.
 1258         (b) That such work shall be intermittent and for short
 1259  periods of time and under the direct and close supervision of a
 1260  qualified and experienced person.
 1261         (c) That safety instructions shall be given by the school
 1262  and correlated by the employer with on-the-job training.
 1263         (d) That a schedule of organized and progressive work
 1264  processes to be performed on the job shall have been prepared.
 1265  
 1266  Each such written agreement shall contain the name of the
 1267  student learner and shall be signed by the employer, the school
 1268  coordinator and principal, and the parent or legal guardian.
 1269  Copies of each agreement shall be kept on file by both the
 1270  school and the employer. This exemption for the employment of
 1271  student learners may be revoked in any individual situation when
 1272  it is found that reasonable precautions have not been observed
 1273  for the safety of minors employed thereunder. A high school
 1274  graduate may be employed in an occupation in which he or she has
 1275  completed training as a student learner, as provided in this
 1276  section, even though he or she is not yet 18 years of age.
 1277         Section 28. Paragraph (d) of subsection (1) of section
 1278  464.203, Florida Statutes, is amended to read:
 1279         464.203 Certified nursing assistants; certification
 1280  requirement.—
 1281         (1) The board shall issue a certificate to practice as a
 1282  certified nursing assistant to any person who demonstrates a
 1283  minimum competency to read and write and successfully passes the
 1284  required background screening pursuant to s. 400.215 and meets
 1285  one of the following requirements:
 1286         (d) Has completed the curriculum developed by the
 1287  Department of Education under the Enterprise Florida Jobs and
 1288  Education Partnership Grant and achieved a minimum score,
 1289  established by rule of the board, on the nursing assistant
 1290  competency examination, which consists of a written portion and
 1291  skills-demonstration portion, approved by the board and
 1292  administered at a site and by personnel approved by the
 1293  department.
 1294         Section 29. Subsection (1) of section 489.1455, Florida
 1295  Statutes, is amended to read:
 1296         489.1455 Journeyman; reciprocity; standards.—
 1297         (1) An individual who holds a valid, active journeyman
 1298  license in the plumbing/pipe fitting, mechanical, or HVAC trades
 1299  issued by any county or municipality in this state may work as a
 1300  journeyman in the trade in which he or she is licensed in any
 1301  county or municipality of this state without taking an
 1302  additional examination or paying an additional license fee, if
 1303  he or she:
 1304         (a) Has scored at least 70 percent, or after October 1,
 1305  1997, at least 75 percent, on a proctored journeyman Block and
 1306  Associates examination or other proctored examination approved
 1307  by the board for the trade in which he or she is licensed;
 1308         (b) Has completed an apprenticeship program registered with
 1309  a registration agency defined in 29 C.F.R. 29.2 the Department
 1310  of Labor and Employment Security and demonstrates 4 years’
 1311  verifiable practical experience in the trade for which he or she
 1312  is licensed, or demonstrates 6 years’ verifiable practical
 1313  experience in the trade for which he or she is licensed;
 1314         (c) Has satisfactorily completed specialized and advanced
 1315  module coursework approved by the Florida Building Commission,
 1316  as part of the building code training program established in s.
 1317  553.841, specific to the discipline or, pursuant to
 1318  authorization by the certifying authority, provides proof of
 1319  completion of such coursework within 6 months after such
 1320  certification; and
 1321         (d) Has not had a license suspended or revoked within the
 1322  last 5 years.
 1323         Section 30. Subsection (1) of section 489.5335, Florida
 1324  Statutes, is amended to read:
 1325         489.5335 Journeyman; reciprocity; standards.—
 1326         (1) An individual who holds a valid, active journeyman
 1327  license in the electrical trade issued by any county or
 1328  municipality in this state may work as a journeyman in any other
 1329  county or municipality of this state without taking an
 1330  additional examination or paying an additional license fee, if
 1331  he or she:
 1332         (a) Has scored at least 70 percent, or after October 1,
 1333  1997, at least 75 percent, on a proctored journeyman Block and
 1334  Associates examination or other proctored examination approved
 1335  by the board for the electrical trade;
 1336         (b) Has completed an apprenticeship program registered with
 1337  a registration agency defined in 29 C.F.R. 29.2 the Department
 1338  of Labor and Employment Security and demonstrates 4 years’
 1339  verifiable practical experience in the electrical trade, or
 1340  demonstrates 6 years’ verifiable practical experience in the
 1341  electrical trade;
 1342         (c) Has satisfactorily completed specialized and advanced
 1343  module coursework approved by the Florida Building Commission,
 1344  as part of the building code training program established in s.
 1345  553.841, specific to the discipline, or, pursuant to
 1346  authorization by the certifying authority, provides proof of
 1347  completion of such curriculum or coursework within 6 months
 1348  after such certification; and
 1349         (d) Has not had a license suspended or revoked within the
 1350  last 5 years.
 1351         Section 31. Section 553.62, Florida Statutes, is amended to
 1352  read:
 1353         553.62 State standard.—The Occupational Safety and Health
 1354  Administration’s excavation safety standards, 29 C.F.R. s.
 1355  1926.650 Subpart P, are hereby incorporated as the state
 1356  standard. The Department of Labor and Employment Security may,
 1357  by rule, adopt updated or revised versions of those standards,
 1358  provided that the updated or revised versions are consistent
 1359  with the intent expressed in this act and s. 553.72, and are not
 1360  otherwise inconsistent with state law. Any rule adopted as
 1361  provided in this section shall be complied with upon its
 1362  effective date.
 1363         Section 32. Subsection (1) of section 597.006, Florida
 1364  Statutes, is amended to read:
 1365         597.006 Aquaculture Interagency Coordinating Council.—
 1366         (1) CREATION.—The Legislature finds and declares that there
 1367  is a need for interagency coordination with regard to
 1368  aquaculture by the following agencies: the Department of
 1369  Agriculture and Consumer Services; the Office of Tourism, Trade,
 1370  and Economic Development; the Department of Community Affairs;
 1371  the Department of Environmental Protection; the Department of
 1372  Labor and Employment Security; the Fish and Wildlife
 1373  Conservation Commission; the statewide consortium of
 1374  universities under the Florida Institute of Oceanography;
 1375  Florida Agricultural and Mechanical University; the Institute of
 1376  Food and Agricultural Sciences at the University of Florida; and
 1377  the Florida Sea Grant Program. It is therefore the intent of the
 1378  Legislature to hereby create an Aquaculture Interagency
 1379  Coordinating Council to act as an advisory body as defined in s.
 1380  20.03(9).
 1381         Section 33. Subsection (5) of section 944.012, Florida
 1382  Statutes, is amended to read:
 1383         944.012 Legislative intent.—The Legislature hereby finds
 1384  and declares that:
 1385         (5) In order to make the correctional system an efficient
 1386  and effective mechanism, the various agencies involved in the
 1387  correctional process must coordinate their efforts. Where
 1388  possible, interagency offices should be physically located
 1389  within major institutions and should include representatives of
 1390  the public employment service the Florida State Employment
 1391  Service, the vocational rehabilitation programs of the
 1392  Department of Education, and the Parole Commission. Duplicative
 1393  and unnecessary methods of evaluating offenders must be
 1394  eliminated and areas of responsibility consolidated in order to
 1395  more economically utilize present scarce resources.
 1396         Section 34. Section 944.708, Florida Statutes, is amended
 1397  to read:
 1398         944.708 Rules.—The Department of Corrections and the Agency
 1399  for Workforce Innovation shall adopt rules to implement the
 1400  provisions of ss. 944.701-944.707.
 1401         Section 35. Sections 255.551, 255.552, 255.553, 255.5535,
 1402  255.555, 255.556, 255.557, 255.5576, 255.558, 255.559, 255.56,
 1403  255.561, 255.562, and 255.563, Florida Statutes, are repealed.
 1404         Section 36. Paragraph (e) of subsection (1) of section
 1405  469.002, Florida Statutes, is amended to read:
 1406         469.002 Exemptions.—
 1407         (1) This chapter does not apply to:
 1408         (e) An authorized employee of the United States, this
 1409  state, or any municipality, county, or other political
 1410  subdivision who has completed all training required by NESHAP
 1411  and OSHA or by ASHARA for the activities described in this
 1412  paragraph, while engaged in asbestos-related activities set
 1413  forth in s. 255.5535 and asbestos-related activities involving
 1414  the demolition of a building owned by that governmental unit,
 1415  where such activities are within the scope of that employment
 1416  and the employee does not hold out for hire or otherwise engage
 1417  in asbestos abatement, contracting, or consulting.
 1418         Section 37. Paragraph (b) of subsection (2) of section
 1419  469.003, Florida Statutes, is repealed.
 1420         Section 38. Sections 39.0015, 39.305, 39.311, 39.312,
 1421  39.313, 39.314, 39.315, 39.316, 39.317, 39.318, 39.816, 39.817,
 1422  383.0115, 393.22, 393.503, 394.922, 402.3045, 402.50, 402.55,
 1423  409.1672, 409.1673, 409.1685, 409.801, 409.802, and 409.803,
 1424  Florida Statutes, are repealed.
 1425         Section 39. Paragraph (a) of subsection (4) of section
 1426  20.195, Florida Statutes, is amended to read:
 1427         20.195 Department of Children and Family Services; trust
 1428  funds.—The following trust funds shall be administered by the
 1429  Department of Children and Family Services:
 1430         (4) Domestic Violence Trust Fund.
 1431         (a) Funds to be credited to and uses of the trust fund
 1432  shall be administered in accordance with the provisions of s.
 1433  28.101, part XII XIII of chapter 39, and chapter 741.
 1434         Section 40. Subsection (1) of section 39.00145, Florida
 1435  Statutes, is amended to read:
 1436         39.00145 Records concerning children.—
 1437         (1) The case record of every child under the supervision of
 1438  or in the custody of the department, the department’s authorized
 1439  agents, or providers contracting with the department, including
 1440  community-based care lead agencies and their subcontracted
 1441  providers, must be maintained in a complete and accurate manner.
 1442  The case record must contain, at a minimum, the child’s case
 1443  plan required under part VII VIII of this chapter and the full
 1444  name and street address of all shelters, foster parents, group
 1445  homes, treatment facilities, or locations where the child has
 1446  been placed.
 1447         Section 41. Subsection (10) of section 39.0121, Florida
 1448  Statutes, is amended to read:
 1449         39.0121 Specific rulemaking authority.—Pursuant to the
 1450  requirements of s. 120.536, the department is specifically
 1451  authorized to adopt, amend, and repeal administrative rules
 1452  which implement or interpret law or policy, or describe the
 1453  procedure and practice requirements necessary to implement this
 1454  chapter, including, but not limited to, the following:
 1455         (10) The Family Builders Program, the Intensive Crisis
 1456  Counseling Program, and any other early intervention programs
 1457  and kinship care assistance programs.
 1458         Section 42. Paragraph (a) of subsection (15) of section
 1459  39.301, Florida Statutes, is amended to read:
 1460         39.301 Initiation of protective investigations.—
 1461         (15)(a) If the department or its agent determines that a
 1462  child requires immediate or long-term protection through:
 1463         1. Medical or other health care; or
 1464         2. Homemaker care, day care, protective supervision, or
 1465  other services to stabilize the home environment, including
 1466  intensive family preservation services through the Family
 1467  Builders Program or the Intensive Crisis Counseling Program, or
 1468  both,
 1469  
 1470  such services shall first be offered for voluntary acceptance
 1471  unless there are high-risk factors that may impact the ability
 1472  of the parents or legal custodians to exercise judgment. Such
 1473  factors may include the parents’ or legal custodians’ young age
 1474  or history of substance abuse or domestic violence.
 1475         Section 43. Section 39.3031, Florida Statutes, is amended
 1476  to read:
 1477         39.3031 Rules for implementation of s. ss. 39.303 and
 1478  39.305.—The Department of Health, in consultation with the
 1479  Department of Children and Family Services, shall adopt rules
 1480  governing the child protection teams and the sexual abuse
 1481  treatment program pursuant to s. ss. 39.303 and 39.305,
 1482  including definitions, organization, roles and responsibilities,
 1483  eligibility, services and their availability, qualifications of
 1484  staff, and a waiver-request process.
 1485         Section 44. Subsection (13) of section 49.011, Florida
 1486  Statutes, is amended to read:
 1487         49.011 Service of process by publication; cases in which
 1488  allowed.—Service of process by publication may be made in any
 1489  court on any party identified in s. 49.021 in any action or
 1490  proceeding:
 1491         (13) For termination of parental rights pursuant to part
 1492  VIII IX of chapter 39 or chapter 63.
 1493         Section 45. Subsection (18) of section 381.006, Florida
 1494  Statutes, is amended to read:
 1495         381.006 Environmental health.—The department shall conduct
 1496  an environmental health program as part of fulfilling the
 1497  state’s public health mission. The purpose of this program is to
 1498  detect and prevent disease caused by natural and manmade factors
 1499  in the environment. The environmental health program shall
 1500  include, but not be limited to:
 1501         (18) A food service inspection function for domestic
 1502  violence centers that are certified and monitored by the
 1503  Department of Children and Family Services under part XII XIII
 1504  of chapter 39 and group care homes as described in subsection
 1505  (16), which shall be conducted annually and be limited to the
 1506  requirements in department rule applicable to community-based
 1507  residential facilities with five or fewer residents.
 1508  
 1509  The department may adopt rules to carry out the provisions of
 1510  this section.
 1511         Section 46. Paragraph (b) of subsection (1) of section
 1512  381.0072, Florida Statutes, is amended to read:
 1513         381.0072 Food service protection.—It shall be the duty of
 1514  the Department of Health to adopt and enforce sanitation rules
 1515  consistent with law to ensure the protection of the public from
 1516  food-borne illness. These rules shall provide the standards and
 1517  requirements for the storage, preparation, serving, or display
 1518  of food in food service establishments as defined in this
 1519  section and which are not permitted or licensed under chapter
 1520  500 or chapter 509.
 1521         (1) DEFINITIONS.—As used in this section, the term:
 1522         (b) “Food service establishment” means detention
 1523  facilities, public or private schools, migrant labor camps,
 1524  assisted living facilities, adult family-care homes, adult day
 1525  care centers, short-term residential treatment centers,
 1526  residential treatment facilities, homes for special services,
 1527  transitional living facilities, crisis stabilization units,
 1528  hospices, prescribed pediatric extended care centers,
 1529  intermediate care facilities for persons with developmental
 1530  disabilities, boarding schools, civic or fraternal
 1531  organizations, bars and lounges, vending machines that dispense
 1532  potentially hazardous foods at facilities expressly named in
 1533  this paragraph, and facilities used as temporary food events or
 1534  mobile food units at any facility expressly named in this
 1535  paragraph, where food is prepared and intended for individual
 1536  portion service, including the site at which individual portions
 1537  are provided, regardless of whether consumption is on or off the
 1538  premises and regardless of whether there is a charge for the
 1539  food. The term does not include any entity not expressly named
 1540  in this paragraph; nor does the term include a domestic violence
 1541  center certified and monitored by the Department of Children and
 1542  Family Services under part XII XIII of chapter 39 if the center
 1543  does not prepare and serve food to its residents and does not
 1544  advertise food or drink for public consumption.
 1545         Section 47. Paragraph (b) of subsection (2) of section
 1546  390.01114, Florida Statutes, is amended to read:
 1547         390.01114 Parental Notice of Abortion Act.—
 1548         (2) DEFINITIONS.—As used in this section, the term:
 1549         (b) “Child abuse” means abandonment, abuse, harm, mental
 1550  injury, neglect, physical injury, or sexual abuse of a child as
 1551  those terms are defined in ss. 39.01, 827.04, and 984.03 has the
 1552  same meaning as s. 39.0015(3).
 1553         Section 48. Section 409.1685, Florida Statutes, is amended
 1554  to read:
 1555         409.1685 Children in foster care; annual report to
 1556  Legislature.—The Department of Children and Family Services
 1557  shall submit a written report to the Governor and the
 1558  Legislature concerning the status of children in foster care and
 1559  the judicial review mandated by part IX X of chapter 39. The
 1560  report shall be submitted by May 1 of each year and must include
 1561  the following information for the prior calendar year:
 1562         (1) The number of 6-month and annual judicial reviews
 1563  completed during that period.
 1564         (2) The number of children in foster care returned to a
 1565  parent, guardian, or relative as a result of a 6-month or annual
 1566  judicial review hearing during that period.
 1567         (3) The number of termination of parental rights
 1568  proceedings instituted during that period, including:
 1569         (a) The number of termination of parental rights
 1570  proceedings initiated pursuant to former s. 39.703; and
 1571         (b) The total number of terminations of parental rights
 1572  ordered.
 1573         (4) The number of foster care children placed for adoption.
 1574         Section 49. Paragraph (a) of subsection (3) of section
 1575  411.01013, Florida Statutes, is amended to read:
 1576         411.01013 Prevailing market rate schedule.—
 1577         (3) The prevailing market rate schedule, at a minimum,
 1578  must:
 1579         (a) Differentiate rates by type, including, but not limited
 1580  to, a child care provider that holds a Gold Seal Quality Care
 1581  designation under s. 402.281, a child care facility licensed
 1582  under s. 402.305, a public or nonpublic school exempt from
 1583  licensure under s. 402.3025, a faith-based child care facility
 1584  exempt from licensure under s. 402.316 that does not hold a Gold
 1585  Seal Quality Care designation, a large family child care home
 1586  licensed under s. 402.3131, or a family day care home licensed
 1587  or registered under s. 402.313, or an after-school program that
 1588  is not defined as child care under rules adopted pursuant to s.
 1589  402.3045.
 1590         Section 50. Paragraph (j) of subsection (2) of section
 1591  753.03, Florida Statutes, is redesignated as paragraph (i), and
 1592  present paragraph (i) of that subsection is amended to read:
 1593         753.03 Standards for supervised visitation and supervised
 1594  exchange programs.—
 1595         (2) The clearinghouse shall use an advisory board to assist
 1596  in developing the standards. The advisory board must include:
 1597         (i)A representative of the Commission on Marriage and
 1598  Family Support Initiatives.
 1599         Section 51. Subsection (4) of section 877.22, Florida
 1600  Statutes, is amended to read:
 1601         877.22 Minors prohibited in public places and
 1602  establishments during certain hours; penalty; procedure.—
 1603         (4) If a minor violates a curfew and is taken into custody,
 1604  the minor shall be transported immediately to a police station
 1605  or to a facility operated by a religious, charitable, or civic
 1606  organization that conducts a curfew program in cooperation with
 1607  a local law enforcement agency. After recording pertinent
 1608  information about the minor, the law enforcement agency shall
 1609  attempt to contact the parent of the minor and, if successful,
 1610  shall request that the parent take custody of the minor and
 1611  shall release the minor to the parent. If the law enforcement
 1612  agency is not able to contact the minor’s parent within 2 hours
 1613  after the minor is taken into custody, or if the parent refuses
 1614  to take custody of the minor, the law enforcement agency may
 1615  transport the minor to her or his residence or proceed as
 1616  authorized under part IV V of chapter 39.
 1617         Section 52. Section 288.386, Florida Statutes, is repealed.
 1618         Section 53. Section 288.9618, Florida Statutes, is
 1619  repealed.
 1620         Section 54. Section 288.982, Florida Statutes, is repealed.
 1621         Section 55. Section 409.946, Florida Statute, is repealed.
 1622         Section 56. Paragraphs (c), (d), and (e) of subsection (2)
 1623  of section 288.012, Florida Statutes, are amended to read:
 1624         288.012 State of Florida foreign offices.—The Legislature
 1625  finds that the expansion of international trade and tourism is
 1626  vital to the overall health and growth of the economy of this
 1627  state. This expansion is hampered by the lack of technical and
 1628  business assistance, financial assistance, and information
 1629  services for businesses in this state. The Legislature finds
 1630  that these businesses could be assisted by providing these
 1631  services at State of Florida foreign offices. The Legislature
 1632  further finds that the accessibility and provision of services
 1633  at these offices can be enhanced through cooperative agreements
 1634  or strategic alliances between state entities, local entities,
 1635  foreign entities, and private businesses.
 1636         (2) Each foreign office shall have in place an operational
 1637  plan approved by the participating boards or other governing
 1638  authority, a copy of which shall be provided to the Office of
 1639  Tourism, Trade, and Economic Development. These operating plans
 1640  shall be reviewed and updated each fiscal year and shall
 1641  include, at a minimum, the following:
 1642         (c) Provisions for access to information for Florida
 1643  businesses related to through the Florida Trade Data Center.
 1644  Each foreign office shall obtain and forward trade leads and
 1645  inquiries to the center on a regular basis.
 1646         (d) Identification of new and emerging market opportunities
 1647  for Florida businesses. Each foreign office shall provide the
 1648  Florida Trade Data Center with a compilation of foreign buyers
 1649  and importers in industry sector priority areas on an annual
 1650  basis. In return, the Florida Trade Data Center shall make
 1651  available to each foreign office, and to Enterprise Florida,
 1652  Inc., the Florida Commission on Tourism, the Florida Ports
 1653  Council, the Department of State, the Department of Citrus, and
 1654  the Department of Agriculture and Consumer Services, trade
 1655  industry, commodity, and opportunity information. This
 1656  information shall be provided to such offices and entities
 1657  either free of charge or on a fee basis with fees set only to
 1658  recover the costs of providing the information.
 1659         (e) Provision of access for Florida businesses to the
 1660  services of the Florida Trade Data Center, international trade
 1661  assistance services provided by state and local entities,
 1662  seaport and airport information, and other services identified
 1663  by the Office of Tourism, Trade, and Economic Development.
 1664         Section 57. Paragraph (a) of subsection (3) of section
 1665  311.07, Florida Statutes, is amended to read:
 1666         311.07 Florida seaport transportation and economic
 1667  development funding.—
 1668         (3)(a) Program funds shall be used to fund approved
 1669  projects on a 50-50 matching basis with any of the deepwater
 1670  ports, as listed in s. 403.021(9)(b), which is governed by a
 1671  public body or any other deepwater port which is governed by a
 1672  public body and which complies with the water quality provisions
 1673  of s. 403.061, the comprehensive master plan requirements of s.
 1674  163.3178(2)(k), and the local financial management and reporting
 1675  provisions of part III of chapter 218. However, program funds
 1676  used to fund projects that involve the rehabilitation of
 1677  wharves, docks, berths, bulkheads, or similar structures shall
 1678  require a 25-percent match of funds. Program funds also may be
 1679  used by the Seaport Transportation and Economic Development
 1680  Council to develop with the Florida Trade Data Center such trade
 1681  data information products which will assist Florida’s seaports
 1682  and international trade.
 1683         Section 58. Section 402.35, Florida Statutes, is amended to
 1684  read:
 1685         402.35 Employees.—All personnel of the Department of
 1686  Children and Family Services shall be governed by rules and
 1687  regulations adopted and promulgated by the Department of
 1688  Management Services relative thereto except the director and
 1689  persons paid on a fee basis. The Department of Children and
 1690  Family Services may participate with other state departments and
 1691  agencies in a joint merit system. No federal, state, county, or
 1692  municipal officer shall be eligible to serve as an employee of
 1693  the Department of Children and Family Services.
 1694         Section 59. This act shall take effect July 1, 2011.