HB 7017

1	A bill to be entitled
2	An act relating to joint legislative organizations;
3	repealing ss. 11.511 and 11.513, F.S., relating to the
4	Office of Program Policy Analysis and Government
5	Accountability; repealing s. 11.60, F.S., relating to the
6	Joint Administrative Procedures Committee; repealing s.
7	11.70, F.S., relating to the Legislative Committee on
8	Intergovernmental Relations; repealing s. 11.80, F.S.,
9	relating to the Joint Legislative Committee on Everglades
10	Oversight; repealing ss. 11.901-11.920, F.S., relating to
11	the Florida Government Accountability Act; repealing s.
12	163.3247(4)(g), F.S., relating to creation of a joint
13	select committee to review the findings and
14	recommendations of the Century Commission for a
15	Sustainable Florida for potential action; repealing ss.
16	216.0446, 216.163(2)(f), and 282.322, F.S., relating to
17	the review of information technology resources needs and a
18	special monitoring process for designated information
19	resources management projects; repealing s. 350.012, F.S.,
20	relating to the Committee on Public Counsel Oversight;
21	repealing ss. 450.201, 450.221, 450.231, and 450.241,
22	F.S., relating to the Legislative Commission on Migrant
23	and Seasonal Labor; amending s. 1.01, F.S.; defining the
24	terms "Administrative Procedures Committee," "Legislative
25	Auditing Committee," "Office of Program Policy Analysis
26	and Government Accountability," and "Office of Economic
27	and Demographic Research," applicable throughout the
28	statutes; amending s. 11.147, F.S.; revising provisions
29	relating to creation and duties of the Office of
30	Legislative Services; amending s. 11.40, F.S.; revising
31	duties of the Legislative Auditing Committee; conforming
32	provisions to changes made by the act; amending s. 11.51,
33	F.S.; revising provisions relating to creation and duties
34	of the Office of Program Policy Analysis and Government
35	Accountability; amending s. 409.146, F.S.; revising
36	reporting duties of the Department of Children and Family
37	Services with respect to the children and families client
38	and management information system; conforming provisions
39	to changes made by the act; amending s. 1000.01, F.S.;
40	deleting provisions relating to creation of the Council
41	for Education Policy Research and Improvement; amending
42	ss. 11.45, 29.0085, 112.313, 112.3189, 112.324, 125.045,
43	163.055, 163.3245, 166.021, 189.421, 216.181, 218.32,
44	218.38, 287.0943, 288.7001, 350.061, 350.0614, 373.026,
45	373.036, 373.45926, 450.261, and 590.33, F.S.; conforming
46	provisions to changes made by the act; providing an
47	effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Sections 11.511 and 11.513, Florida Statutes,
52	are repealed.
53	Section 2.  Section 11.60, Florida Statutes, is repealed.
54	Section 3.  Section 11.70, Florida Statutes, is repealed.
55	Section 4.  Section 11.80, Florida Statutes, is repealed.
56	Section 5.  Sections 11.901, 11.902, 11.903, 11.904,
57	11.905, 11.9055, 11.906, 11.907, 11.908, 11.910, 11.911, 11.917,
58	11.918, 11.919, and 11.920, Florida Statutes, are repealed.
59	Section 6.  Paragraph (g) of subsection (4) of section
60	163.3247, Florida Statutes, is repealed.
61	Section 7.  Section 216.0446, paragraph (f) of subsection
62	(2) of section 216.163, and section 282.322, Florida Statutes,
63	are repealed.
64	Section 8.  Section 350.012, Florida Statutes, is repealed.
65	Section 9.  Sections 450.201, 450.221, 450.231, and
66	450.241, Florida Statutes, are repealed.
67	Section 10.  Subsections (16) through (19) are added to
68	section 1.01, Florida Statutes, to read:
69	1.01  Definitions.-In construing these statutes and each
70	and every word, phrase, or part hereof, where the context will
71	permit:
72	(16)  The term "Administrative Procedures Committee" means
73	a committee designated by joint rule of the Legislature or by
74	agreement between the President of the Senate and the Speaker of
75	the House of Representatives.
76	(17)  The term "Legislative Auditing Committee" means a
77	committee or committees designated by joint rule of the
78	Legislature, by the President of the Senate or the Speaker of
79	the House of Representatives, or by agreement between the
80	President of the Senate and the Speaker of the House of
81	Representatives.
82	(18)  The term "Office of Program Policy Analysis and
83	Government Accountability" means an entity designated by joint
84	rule of the Legislature or by agreement between the President of
85	the Senate and the Speaker of the House of Representatives.
86	(19)  The term "Office of Economic and Demographic
87	Research" means an entity designated by joint rule of the
88	Legislature or by agreement between the President of the Senate
89	and the Speaker of the House of Representatives.
90	Section 11.  Section 11.147, Florida Statutes, is amended
91	to read:
92	11.147  Office of Legislative Services.-
93	(1)  There is created The Office of Legislative Services,
94	designated as such by joint rule of the Legislature or by
95	agreement between the President of the Senate and the Speaker of
96	the House of Representatives, shall to provide support services
97	that are determined by the President of the Senate and the
98	Speaker of the House of Representatives to be necessary and that
99	can be effectively and efficiently provided jointly to both
100	houses.
101	(2)  The President of the Senate and the Speaker of the
102	House of Representatives may select a coordinator for the Office
103	of Legislative Services, who shall report directly to the
104	President of the Senate and the Speaker of the House of
105	Representatives or their respective designees.
106	(3)  The joint committees and other joint units of the
107	Legislature shall be governed by joint rules of the Senate and
108	House of Representatives which shall remain in effect until
109	repealed or amended by concurrent resolution.
110	(3)(4)  The Office of Legislative Services shall deliver
111	such vouchers covering legislative expenses as required to the
112	Chief Financial Officer and, if found to be correct, state
113	warrants shall be issued therefor.
114	Section 12.  Section 11.40, Florida Statutes, is amended to
115	read:
116	11.40  Legislative Auditing Committee.-
117	(1)  There is created a standing joint committee of the
118	Legislature designated the Legislative Auditing Committee,
119	composed of 10 members as follows: 5 members of the Senate, to
120	be appointed by the President of the Senate, and 5 members of
121	the House of Representatives, to be appointed by the Speaker of
122	the House of Representatives. The terms of members shall be for
123	2 years and shall run from the organization of one Legislature
124	to the organization of the next Legislature. Vacancies occurring
125	during the interim period shall be filled in the same manner as
126	the original appointment. The members of the committee shall
127	elect a chair and vice chair. During the 2-year term, a member
128	of each house shall serve as chair for 1 year.
129	(2)  The committee shall be governed by joint rules of the
130	Senate and House of Representatives which shall remain in effect
131	until repealed or amended by concurrent resolution.
132	(3)  The Legislative Auditing Committee may direct the
133	Auditor General or the Office of Program Policy Analysis and
134	Government Accountability to conduct an audit, review, or
135	examination of any entity or record described in s. 11.45(2) or
136	(3).
137	(1)(4)  The Legislative Auditing Committee:
138	(a)  may take under investigation any matter within the
139	scope of an audit, review, or examination either completed or
140	then being conducted by the Auditor General or the Office of
141	Program Policy Analysis and Government Accountability, and, in
142	connection with such investigation, may exercise the powers of
143	subpoena by law vested in a standing committee of the
144	Legislature.
145	(b)  Shall provide oversight and management of the website
146	developed pursuant to s. 215.985.
147	(2)(5)  Following notification by the Auditor General, the
148	Department of Financial Services, or the Division of Bond
149	Finance of the State Board of Administration of the failure of a
150	local governmental entity, district school board, charter
151	school, or charter technical career center to comply with the
152	applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
153	s. 218.38, the Legislative Auditing Committee may schedule a
154	hearing to. If a hearing is scheduled, the committee shall
155	determine if the entity should be subject to further state
156	action. If the committee determines that the entity should be
157	subject to further state action, the committee shall:
158	(a)  In the case of a local governmental entity or district
159	school board, direct the Department of Revenue and the
160	Department of Financial Services to withhold any funds not
161	pledged for bond debt service satisfaction which are payable to
162	such entity until the entity complies with the law. The
163	committee shall specify the date such action shall begin, and
164	the directive must be received by the Department of Revenue and
165	the Department of Financial Services 30 days before the date of
166	the distribution mandated by law. The Department of Revenue and
167	the Department of Financial Services may implement the
168	provisions of this paragraph.
169	(b)  In the case of a special district, notify the
170	Department of Community Affairs that the special district has
171	failed to comply with the law. Upon receipt of notification, the
172	Department of Community Affairs shall proceed pursuant to the
173	provisions specified in s. 189.421.
174	(c)  In the case of a charter school or charter technical
175	career center, notify the appropriate sponsoring entity, which
176	may terminate the charter pursuant to ss. 1002.33 and 1002.34.
177	(3)(6)(a)  As used in this subsection, "independent
178	contract auditor" means a state-licensed certified public
179	accountant or firm with which a state-licensed certified public
180	accountant is currently employed or associated who is actively
181	engaged in the accounting profession.
182	(b)  Audits specified in this subsection cover the
183	quarterly compensation reports for the previous calendar year
184	for a random sample of 3 percent of all legislative branch
185	lobbying firms and a random sample of 3 percent of all executive
186	branch lobbying firms calculated using as the total number of
187	such lobbying firms those filing a compensation report for the
188	preceding calendar year. The committee shall provide for a
189	system of random selection of the lobbying firms to be audited.
190	(c)  The committee shall create and maintain a list of not
191	less than 10 independent contract auditors approved to conduct
192	the required audits. Each lobbying firm selected for audit in
193	the random audit process may designate one of the independent
194	contract auditors from the committee's approved list. Upon
195	failure for any reason of a lobbying firm selected in the random
196	selection process to designate an independent contract auditor
197	from the committee's list within 30 calendar days after being
198	notified by the committee of its selection, the committee shall
199	assign one of the available independent contract auditors from
200	the approved list to perform the required audit. No independent
201	contract auditor, whether designated by the lobbying firm or by
202	the committee, may perform the audit of a lobbying firm where
203	the auditor and lobbying firm have ever had a direct personal
204	relationship or any professional accounting, auditing, tax
205	advisory, or tax preparing relationship with each other. The
206	committee shall obtain a written, sworn certification subject to
207	s. 837.06, both from the randomly selected lobbying firm and
208	from the proposed independent contract auditor, that no such
209	relationship has ever existed.
210	(d)  Each independent contract auditor shall be engaged by
211	and compensated solely by the state for the work performed in
212	accomplishing an audit under this subsection.
213	(e)  Any violations of law, deficiencies, or material
214	misstatements discovered and noted in an audit report shall be
215	clearly identified in the audit report and be determined under
216	the rules of either house of the Legislature or under the joint
217	rules, as applicable.
218	(f)  If any lobbying firm fails to give full, frank, and
219	prompt cooperation and access to books, records, and associated
220	backup documents as requested in writing by the auditor, that
221	failure shall be clearly noted by the independent contract
222	auditor in the report of audit.
223	(g)  The committee shall establish procedures for the
224	selection of independent contract auditors desiring to enter
225	into audit contracts pursuant to this subsection. Such
226	procedures shall include, but not be limited to, a rating system
227	that takes into account pertinent information, including the
228	independent contract auditor's fee proposals for participating
229	in the process. All contracts under this subsection between an
230	independent contract auditor and the Speaker of the House of
231	Representatives and the President of the Senate shall be
232	terminable by either party at any time upon written notice to
233	the other, and such contracts may contain such other terms and
234	conditions as the Speaker of the House of Representatives and
235	the President of the Senate deem appropriate under the
236	circumstances.
237	(h)  The committee shall adopt guidelines that govern
238	random audits and field investigations conducted pursuant to
239	this subsection. The guidelines shall ensure that similarly
240	situated compensation reports are audited in a uniform manner.
241	The guidelines shall also be formulated to encourage compliance
242	and detect violations of the legislative and executive lobbying
243	compensation reporting requirements in ss. 11.045 and 112.3215
244	and to ensure that each audit is conducted with maximum
245	efficiency in a cost-effective manner. In adopting the
246	guidelines, the committee shall consider relevant guidelines and
247	standards of the American Institute of Certified Public
248	Accountants to the extent that such guidelines and standards are
249	applicable and consistent with the purposes set forth in this
250	subsection.
251	(i)  All audit reports of legislative lobbying firms shall,
252	upon completion by an independent contract auditor, be delivered
253	to the President of the Senate and the Speaker of the House of
254	Representatives for their respective review and handling. All
255	audit reports of executive branch lobbyists, upon completion by
256	an independent contract auditor, shall be delivered by the
257	auditor to the Commission on Ethics.
258	Section 13.  Subsections (1) and (6) and paragraphs (a),
259	(b), and (d) of subsection (7) of section 11.45, Florida
260	Statutes, are amended to read:
261	11.45  Definitions; duties; authorities; reports; rules.-
262	(1)  DEFINITIONS.-As used in ss. 11.40-11.511 11.40-11.513,
263	the term:
264	(a)  "Audit" means a financial audit, operational audit, or
265	performance audit.
266	(b)  "County agency" means a board of county commissioners
267	or other legislative and governing body of a county, however
268	styled, including that of a consolidated or metropolitan
269	government, a clerk of the circuit court, a separate or ex
270	officio clerk of the county court, a sheriff, a property
271	appraiser, a tax collector, a supervisor of elections, or any
272	other officer in whom any portion of the fiscal duties of the
273	above are under law separately placed.
274	(c)  "Financial audit" means an examination of financial
275	statements in order to express an opinion on the fairness with
276	which they are presented in conformity with generally accepted
277	accounting principles and an examination to determine whether
278	operations are properly conducted in accordance with legal and
279	regulatory requirements. Financial audits must be conducted in
280	accordance with generally accepted auditing standards and
281	government auditing standards as adopted by the Board of
282	Accountancy.
283	(d)  "Governmental entity" means a state agency, a county
284	agency, or any other entity, however styled, that independently
285	exercises any type of state or local governmental function.
286	(e)  "Local governmental entity" means a county agency,
287	municipality, or special district as defined in s. 189.403, but
288	does not include any housing authority established under chapter
289	421.
290	(f)  "Management letter" means a statement of the auditor's
291	comments and recommendations.
292	(g)  "Operational audit" means a financial-related audit
293	whose purpose is to evaluate management's performance in
294	administering assigned responsibilities in accordance with
295	applicable laws, administrative rules, and other guidelines and
296	to determine the extent to which the internal control, as
297	designed and placed in operation, promotes and encourages the
298	achievement of management's control objectives in the categories
299	of compliance, economic and efficient operations, reliability of
300	financial records and reports, and safeguarding of assets.
301	(h)  "Performance audit" means an examination of a program,
302	activity, or function of a governmental entity, conducted in
303	accordance with applicable government auditing standards or
304	auditing and evaluation standards of other appropriate
305	authoritative bodies. The term includes an examination of issues
306	related to:
307	1.  Economy, efficiency, or effectiveness of the program.
308	2.  Structure or design of the program to accomplish its
309	goals and objectives.
310	3.  Adequacy of the program to meet the needs identified by
311	the Legislature or governing body.
312	4.  Alternative methods of providing program services or
313	products.
314	5.  Goals, objectives, and performance measures used by the
315	agency to monitor and report program accomplishments.
316	6.  The accuracy or adequacy of public documents, reports,
317	or requests prepared under the program by state agencies.
318	7.  Compliance of the program with appropriate policies,
319	rules, or laws.
320	8.  Any other issues related to governmental entities as
321	directed by the Legislative Auditing Committee.
322	(i)  "Political subdivision" means a separate agency or
323	unit of local government created or established by law and
324	includes, but is not limited to, the following and the officers
325	thereof: authority, board, branch, bureau, city, commission,
326	consolidated government, county, department, district,
327	institution, metropolitan government, municipality, office,
328	officer, public corporation, town, or village.
329	(j)  "State agency" means a separate agency or unit of
330	state government created or established by law and includes, but
331	is not limited to, the following and the officers thereof:
332	authority, board, branch, bureau, commission, department,
333	division, institution, office, officer, or public corporation,
334	as the case may be, except any such agency or unit within the
335	legislative branch of state government other than the Florida
336	Public Service Commission.
337	(6)  REQUEST BY A LOCAL GOVERNMENTAL ENTITY FOR AN AUDIT BY
338	THE AUDITOR GENERAL.-Whenever a local governmental entity
339	requests the Auditor General to conduct an audit of all or part
340	of its operations and the Auditor General conducts the audit
341	under his or her own authority or at the direction of the
342	Legislative Auditing Committee, the expenses of the audit shall
343	be paid by the local governmental entity. The Auditor General
344	shall estimate the cost of the audit. Fifty percent of the cost
345	estimate shall be paid by the local governmental entity before
346	the initiation of the audit and deposited into the General
347	Revenue Fund of the state. After the completion of the audit,
348	the Auditor General shall notify the local governmental entity
349	of the actual cost of the audit. The local governmental entity
350	shall remit the remainder of the cost of the audit to the
351	Auditor General for deposit into the General Revenue Fund of the
352	state. If the local governmental entity fails to comply with
353	paying the remaining cost of the audit, the Auditor General
354	shall notify the Legislative Auditing Committee. The committee
355	shall proceed in accordance with s. 11.40(5).
356	(7)  AUDITOR GENERAL REPORTING REQUIREMENTS.-
357	(a)  The Auditor General shall notify the Legislative
358	Auditing Committee of any local governmental entity, district
359	school board, charter school, or charter technical career center
360	that does not comply with the reporting requirements of s.
361	218.39. The committee shall proceed in accordance with s.
362	11.40(5).
363	(b)  The Auditor General, in consultation with the Board of
364	Accountancy, shall review all audit reports submitted pursuant
365	to s. 218.39. The Auditor General shall request any significant
366	items that were omitted in violation of a rule adopted by the
367	Auditor General. The items must be provided within 45 days after
368	the date of the request. If the governmental entity does not
369	comply with the Auditor General's request, the Auditor General
370	shall notify the Legislative Auditing Committee. The committee
371	shall proceed in accordance with s. 11.40(5).
372	(d)  During the Auditor General's review of audit reports,
373	he or she shall contact those units of local government, as
374	defined in s. 218.403, that are not in compliance with s.
375	218.415 and request evidence of corrective action. The unit of
376	local government shall provide the Auditor General with evidence
377	of corrective action within 45 days after the date it is
378	requested by the Auditor General. If the unit of local
379	government fails to comply with the Auditor General's request,
380	the Auditor General shall notify the Legislative Auditing
381	Committee. The committee shall proceed in accordance with s.
382	11.40(5).
383	Section 14.  Section 11.51, Florida Statutes, is amended to
384	read:
385	11.51  Office of Program Policy Analysis and Government
386	Accountability.-
387	(1)  There is hereby created the Office of Program Policy
388	Analysis and Government Accountability as a unit of the Office
389	of the Auditor General appointed pursuant to s. 11.42. The
390	office shall perform independent examinations, program reviews,
391	and other projects as provided by general law, as provided by
392	concurrent resolution, or as directed by the Legislative
393	Auditing Committee, and shall provide recommendations, training,
394	or other services to assist the Legislature.
395	(2)  The Office of Program Policy Analysis and Government
396	Accountability is independent of the Auditor General appointed
397	pursuant to s. 11.42 for purposes of general policies
398	established by the Legislative Auditing Committee.
399	(3)  The Office of Program Policy Analysis and Government
400	Accountability shall maintain a schedule of examinations of
401	state programs.
402	(1)(4)  The Office of Program Policy Analysis and
403	Government Accountability is authorized to examine all entities
404	and records listed in s. 11.45(3).
405	(2)(5)  At the conclusion of an examination, the designated
406	representative of the director of the Office of Program Policy
407	Analysis and Government Accountability shall discuss the
408	examination with the official whose office is examined and
409	submit to that official the Office of Program Policy Analysis
410	and Government Accountability's preliminary findings. If the
411	official is not available for receipt of the preliminary
412	findings, clearly designated as such, delivery thereof is
413	presumed to be made when it is delivered to his or her office.
414	Whenever necessary, the Office of Program Policy Analysis and
415	Government Accountability may request the official to submit his
416	or her written statement of explanation or rebuttal within 15
417	days after the receipt of the findings. If the response time is
418	not requested to be within 15 days, the official shall submit
419	his or her response within 30 days after receipt of the
420	preliminary findings.
421	(3)(6)  No later than 18 months after the release of a
422	report of the Office of Program Policy Analysis and Government
423	Accountability, the agencies that are the subject of that report
424	shall provide data and other information that describes with
425	specificity what the agencies have done to respond to the
426	recommendations contained in the report. The Office of Program
427	Policy Analysis and Government Accountability may verify the
428	data and information provided by the agencies. If the data and
429	information provided by the agencies are deemed sufficient and
430	accurate, the Office of Program Policy Analysis and Government
431	Accountability shall report to the Legislative Auditing
432	Committee and to the legislative standing committees concerned
433	with the subject areas of the audit. The report shall include a
434	summary of the agencies' responses, the evaluation of those
435	responses, and any recommendations deemed to be appropriate.
436	Section 15.  Subsection (1) of section 29.0085, Florida
437	Statutes, is amended to read:
438	29.0085  Annual statement of certain revenues and
439	expenditures.-
440	(1)  Each county shall submit annually to the Chief
441	Financial Officer a statement of revenues and expenditures as
442	set forth in this section in the form and manner prescribed by
443	the Chief Financial Officer in consultation with the President
444	of the Senate and the Speaker of the House of Representatives
445	Legislative Committee on Intergovernmental Relations, provided
446	that such statement identify total county expenditures on each
447	of the services outlined in s. 29.008.
448	Section 16.  Paragraph (a) of subsection (9) of section
449	112.313, Florida Statutes, is amended to read:
450	112.313  Standards of conduct for public officers,
451	employees of agencies, and local government attorneys.-
452	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
453	LEGISLATORS AND LEGISLATIVE EMPLOYEES.-
454	(a)1.  It is the intent of the Legislature to implement by
455	statute the provisions of s. 8(e), Art. II of the State
456	Constitution relating to legislators, statewide elected
457	officers, appointed state officers, and designated public
458	employees.
459	2.  As used in this paragraph:
460	a.  "Employee" means:
461	(I)  Any person employed in the executive or legislative
462	branch of government holding a position in the Senior Management
463	Service as defined in s. 110.402 or any person holding a
464	position in the Selected Exempt Service as defined in s. 110.602
465	or any person having authority over policy or procurement
466	employed by the Department of the Lottery.
467	(II)  The Auditor General, the director of the Office of
468	Program Policy Analysis and Government Accountability, the
469	Sergeant at Arms and Secretary of the Senate, and the Sergeant
470	at Arms and Clerk of the House of Representatives.
471	(III)  The executive director of the Legislative Committee
472	on Intergovernmental Relations and the executive director and
473	deputy executive director of the Commission on Ethics.
474	(IV)  An executive director, staff director, or deputy
475	staff director of each joint committee, standing committee, or
476	select committee of the Legislature; an executive director,
477	staff director, executive assistant, analyst, or attorney of the
478	Office of the President of the Senate, the Office of the Speaker
479	of the House of Representatives, the Senate Majority Party
480	Office, Senate Minority Party Office, House Majority Party
481	Office, or House Minority Party Office; or any person, hired on
482	a contractual basis, having the power normally conferred upon
483	such persons, by whatever title.
484	(V)  The Chancellor and Vice Chancellors of the State
485	University System; the general counsel to the Board of Governors
486	of the State University System; and the president, provost, vice
487	presidents, and deans of each state university.
488	(VI)  Any person, including an other-personal-services
489	employee, having the power normally conferred upon the positions
490	referenced in this sub-subparagraph.
491	b.  "Appointed state officer" means any member of an
492	appointive board, commission, committee, council, or authority
493	of the executive or legislative branch of state government whose
494	powers, jurisdiction, and authority are not solely advisory and
495	include the final determination or adjudication of any personal
496	or property rights, duties, or obligations, other than those
497	relative to its internal operations.
498	c.  "State agency" means an entity of the legislative,
499	executive, or judicial branch of state government over which the
500	Legislature exercises plenary budgetary and statutory control.
501	3.  No member of the Legislature, appointed state officer,
502	or statewide elected officer shall personally represent another
503	person or entity for compensation before the government body or
504	agency of which the individual was an officer or member for a
505	period of 2 years following vacation of office. No member of the
506	Legislature shall personally represent another person or entity
507	for compensation during his or her term of office before any
508	state agency other than judicial tribunals or in settlement
509	negotiations after the filing of a lawsuit.
510	4.  An agency employee, including an agency employee who
511	was employed on July 1, 2001, in a Career Service System
512	position that was transferred to the Selected Exempt Service
513	System under chapter 2001-43, Laws of Florida, may not
514	personally represent another person or entity for compensation
515	before the agency with which he or she was employed for a period
516	of 2 years following vacation of position, unless employed by
517	another agency of state government.
518	5.  Any person violating this paragraph shall be subject to
519	the penalties provided in s. 112.317 and a civil penalty of an
520	amount equal to the compensation which the person receives for
521	the prohibited conduct.
522	6.  This paragraph is not applicable to:
523	a.  A person employed by the Legislature or other agency
524	prior to July 1, 1989;
525	b.  A person who was employed by the Legislature or other
526	agency on July 1, 1989, whether or not the person was a defined
527	employee on July 1, 1989;
528	c.  A person who was a defined employee of the State
529	University System or the Public Service Commission who held such
530	employment on December 31, 1994;
531	d.  A person who has reached normal retirement age as
532	defined in s. 121.021(29), and who has retired under the
533	provisions of chapter 121 by July 1, 1991; or
534	e.  Any appointed state officer whose term of office began
535	before January 1, 1995, unless reappointed to that office on or
536	after January 1, 1995.
537	Section 17.  Paragraph (c) of subsection (9) of section
538	112.3189, Florida Statutes, is amended to read:
539	112.3189  Investigative procedures upon receipt of whistle-
540	blower information from certain state employees.-
541	(9)
542	(c)  The Chief Inspector General shall transmit any final
543	report under this section, any comments provided by the
544	complainant, and any appropriate comments or recommendations by
545	the Chief Inspector General to the Governor, to the Joint
546	Legislative Auditing Committee, to the investigating agency, and
547	to the Chief Financial Officer.
548	Section 18.  Subsection (8) of section 112.324, Florida
549	Statutes, is amended to read:
550	112.324  Procedures on complaints of violations; public
551	records and meeting exemptions.-
552	(8)  If, in cases pertaining to complaints other than
553	complaints against impeachable officers or members of the
554	Legislature, upon completion of a full and final investigation
555	by the commission, the commission finds that there has been a
556	violation of this part or of s. 8, Art. II of the State
557	Constitution, it shall be the duty of the commission to report
558	its findings and recommend appropriate action to the proper
559	disciplinary official or body as follows, and such official or
560	body shall have the power to invoke the penalty provisions of
561	this part, including the power to order the appropriate
562	elections official to remove a candidate from the ballot for a
563	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
564	State Constitution:
565	(a)  The President of the Senate and the Speaker of the
566	House of Representatives, jointly, in any case concerning the
567	Public Counsel, members of the Public Service Commission,
568	members of the Public Service Commission Nominating Council, the
569	Auditor General, or the director of the Office of Program Policy
570	Analysis and Government Accountability, or members of the
571	Legislative Committee on Intergovernmental Relations.
572	(b)  The Supreme Court, in any case concerning an employee
573	of the judicial branch.
574	(c)  The President of the Senate, in any case concerning an
575	employee of the Senate; the Speaker of the House of
576	Representatives, in any case concerning an employee of the House
577	of Representatives; or the President and the Speaker, jointly,
578	in any case concerning an employee of a committee of the
579	Legislature whose members are appointed solely by the President
580	and the Speaker or in any case concerning an employee of the
581	Public Counsel, Public Service Commission, Auditor General, or
582	Office of Program Policy Analysis and Government Accountability,
583	or Legislative Committee on Intergovernmental Relations.
584	(d)  Except as otherwise provided by this part, the
585	Governor, in the case of any other public officer, public
586	employee, former public officer or public employee, candidate or
587	former candidate, or person who is not a public officer or
588	employee, other than lobbyists and lobbying firms under s.
589	112.3215 for violations of s. 112.3215.
590	(e)  The President of the Senate or the Speaker of the
591	House of Representatives, whichever is applicable, in any case
592	concerning a former member of the Legislature who has violated a
593	provision applicable to former members or whose violation
594	occurred while a member of the Legislature.
595	Section 19.  Subsections (4) and (5) of section 125.045,
596	Florida Statutes, are amended to read:
597	125.045  County economic development powers.-
598	(4)  A contract between the governing body of a county or
599	other entity engaged in economic development activities on
600	behalf of the county and an economic development agency must
601	require the agency or entity receiving county funds to submit a
602	report to the governing body of the county detailing how county
603	funds were spent and detailing the results of the economic
604	development agency's or entity's efforts on behalf of the
605	county. By January 15, 2011, and annually thereafter, the county
606	must file a copy of the report with the Office of Economic and
607	Demographic Research Legislative Committee on Intergovernmental
608	Relations or its successor entity and post a copy of the report
609	on the county's website.
610	(5)(a)  By January 15, 2011, and annually thereafter, each
611	county shall report to the Office of Economic and Demographic
612	Research Legislative Committee on Intergovernmental Relations or
613	its successor entity the economic development incentives in
614	excess of $25,000 given to any business during the county's
615	previous fiscal year. The Office of Economic and Demographic
616	Research Legislative Committee on Intergovernmental Relations or
617	its successor entity shall compile the information from the
618	counties into a report and provide the report to the President
619	of the Senate and the Speaker of the House of Representatives
620	the Office of Tourism, Trade, and Economic Development. Economic
621	development incentives include:
622	1.  Direct financial incentives of monetary assistance
623	provided to a business from the county or through an
624	organization authorized by the county. Such incentives include,
625	but are not limited to, grants, loans, equity investments, loan
626	insurance and guarantees, and training subsidies.
627	2.  Indirect incentives in the form of grants and loans
628	provided to businesses and community organizations that provide
629	support to businesses or promote business investment or
630	development.
631	3.  Fee-based or tax-based incentives, including, but not
632	limited to, credits, refunds, exemptions, and property tax
633	abatement or assessment reductions.
634	4.  Below-market rate leases or deeds for real property.
635	(b)  A county shall report its economic development
636	incentives in the format specified by the Office of Economic and
637	Demographic Research Legislative Committee on Intergovernmental
638	Relations or its successor entity.
639	(c)  The Office of Economic and Demographic Research
640	Legislative Committee on Intergovernmental Relations or its
641	successor entity shall compile the economic development
642	incentives provided by each county in a manner that shows the
643	total of each class of economic development incentives provided
644	by each county and all counties.
645	Section 20.  Subsections (4), (5), (6), and (9) of section
646	163.055, Florida Statutes, are amended to read:
647	163.055  Local Government Financial Technical Assistance
648	Program.-
649	(4)  The Chief Financial Officer shall enter into contracts
650	with program providers who shall:
651	(a)  Be a public agency or private, nonprofit corporation,
652	association, or entity.
653	(b)  Use existing resources, services, and information that
654	are available from state or local agencies, universities, or the
655	private sector.
656	(c)  Seek and accept funding from any public or private
657	source.
658	(d)  Annually submit information to assist the Legislative
659	Committee on Intergovernmental Relations in preparing a
660	performance review that will include an analysis of the
661	effectiveness of the program.
662	(d)(e)  Assist municipalities and independent special
663	districts in developing alternative revenue sources.
664	(e)(f)  Provide for an annual independent financial audit
665	of the program, if the program receives funding.
666	(f)(g)  Provide assistance to municipalities and special
667	districts in the areas of financial management, accounting,
668	investing, budgeting, and debt issuance.
669	(g)(h)  Develop a needs assessment to determine where
670	assistance should be targeted, and to establish a priority
671	system to deliver assistance to those jurisdictions most in need
672	through the most economical means available.
673	(h)(i)  Provide financial emergency assistance upon
674	direction from the Executive Office of the Governor pursuant to
675	s. 218.503.
676	(5)(a)  The Chief Financial Officer shall issue a request
677	for proposals to provide assistance to municipalities and
678	special districts. At the request of the Chief Financial
679	Officer, the Legislative Committee on Intergovernmental
680	Relations shall assist in the preparation of the request for
681	proposals.
682	(b)  The Chief Financial Officer shall review each contract
683	proposal submitted.
684	(c)  The Legislative Committee on Intergovernmental
685	Relations shall review each contract proposal and submit to the
686	Chief Financial Officer, in writing, advisory comments and
687	recommendations, citing with specificity the reasons for its
688	recommendations.
689	(c)(d)  The Chief Financial Officer and the Legislative
690	Committee on Intergovernmental Relations shall consider the
691	following factors in reviewing contract proposals:
692	1.  The demonstrated capacity of the provider to conduct
693	needs assessments and implement the program as proposed.
694	2.  The number of municipalities and special districts to
695	be served under the proposal.
696	3.  The cost of the program as specified in a proposed
697	budget.
698	4.  The short-term and long-term benefits of the assistance
699	to municipalities and special districts.
700	5.  The form and extent to which existing resources,
701	services, and information that are available from state and
702	local agencies, universities, and the private sector will be
703	used by the provider under the contract.
704	(6)  A decision of the Chief Financial Officer to award a
705	contract under this section is final and shall be in writing
706	with a copy provided to the Legislative Committee on
707	Intergovernmental Relations.
708	(9)  The Legislative Committee on Intergovernmental
709	Relations shall annually conduct a performance review of the
710	program. The findings of the review shall be presented in a
711	report submitted to the Governor, the President of the Senate,
712	the Speaker of the House of Representatives, and the Chief
713	Financial Officer by January 15 of each year.
714	Section 21.  Subsection (6) of section 163.3245, Florida
715	Statutes, is amended to read:
716	163.3245  Optional sector plans.-
717	(6)  Beginning December 1, 1999, and each year thereafter,
718	the department shall provide a status report to the President of
719	the Senate and the Speaker of the House of Representatives
720	Legislative Committee on Intergovernmental Relations regarding
721	each optional sector plan authorized under this section.
722	Section 22.  Paragraphs (d) and (e) of subsection (9) of
723	section 166.021, Florida Statutes, are amended to read:
724	166.021  Powers.-
725	(9)
726	(d)  A contract between the governing body of a
727	municipality or other entity engaged in economic development
728	activities on behalf of the municipality and an economic
729	development agency must require the agency or entity receiving
730	municipal funds to submit a report to the governing body of the
731	municipality detailing how the municipal funds are spent and
732	detailing the results of the economic development agency's or
733	entity's efforts on behalf of the municipality. By January 15,
734	2011, and annually thereafter, the municipality shall file a
735	copy of the report with the Office of Economic and Demographic
736	Research Legislative Committee on Intergovernmental Relations or
737	its successor entity and post a copy of the report on the
738	municipality's website.
739	(e)1.  By January 15, 2011, and annually thereafter, each
740	municipality having annual revenues or expenditures greater than
741	$250,000 shall report to the Office of Economic and Demographic
742	Research Legislative Committee on Intergovernmental Relations or
743	its successor entity the economic development incentives in
744	excess of $25,000 given to any business during the
745	municipality's previous fiscal year. The Office of Economic and
746	Demographic Research Legislative Committee on Intergovernmental
747	Relations or its successor entity shall compile the information
748	from the municipalities into a report and provide the report to
749	the President of the Senate and the Speaker of the House of
750	Representatives the Office of Tourism, Trade, and Economic
751	Development. Economic development incentives include:
752	a.  Direct financial incentives of monetary assistance
753	provided to a business from the municipality or through an
754	organization authorized by the municipality. Such incentives
755	include, but are not limited to, grants, loans, equity
756	investments, loan insurance and guarantees, and training
757	subsidies.
758	b.  Indirect incentives in the form of grants and loans
759	provided to businesses and community organizations that provide
760	support to businesses or promote business investment or
761	development.
762	c.  Fee-based or tax-based incentives, including, but not
763	limited to, credits, refunds, exemptions, and property tax
764	abatement or assessment reductions.
765	d.  Below-market rate leases or deeds for real property.
766	2.  A municipality shall report its economic development
767	incentives in the format specified by the Office of Economic and
768	Demographic Research Legislative Committee on Intergovernmental
769	Relations or its successor entity.
770	3.  The Office of Economic and Demographic Research
771	Legislative Committee on Intergovernmental Relations or its
772	successor entity shall compile the economic development
773	incentives provided by each municipality in a manner that shows
774	the total of each class of economic development incentives
775	provided by each municipality and all municipalities.
776	Section 23.  Subsection (3) of section 189.421, Florida
777	Statutes, is amended to read:
778	189.421  Failure of district to disclose financial
779	reports.-
780	(3)  Pursuant to s. 11.40(2)(5)(b), the Legislative
781	Auditing Committee shall notify the department of those
782	districts that failed to file the required report. Within 30
783	days after receiving this notice or within 30 days after the
784	extension date provided in subsection (1), whichever occurs
785	later, the department shall proceed as follows: notwithstanding
786	the provisions of chapter 120, the department shall file a
787	petition for writ of certiorari with the circuit court. Venue
788	for all actions pursuant to this subsection shall be in Leon
789	County. The court shall award the prevailing party attorney's
790	fees and costs in all cases filed pursuant to this section
791	unless affirmatively waived by all parties. A writ of certiorari
792	shall be issued unless a respondent establishes that the
793	notification of the Legislative Auditing Committee was issued as
794	a result of material error. Proceedings under this subsection
795	shall otherwise be governed by the Rules of Appellate Procedure.
796	Section 24.  Subsection (5) of section 216.181, Florida
797	Statutes, is amended to read:
798	216.181  Approved budgets for operations and fixed capital
799	outlay.-
800	(5)  An amendment to the original operating budget for an
801	information technology project or initiative that involves more
802	than one agency, has an outcome that impacts another agency, or
803	exceeds $500,000 in total cost over a 1-year period, except for
804	those projects that are a continuation of hardware or software
805	maintenance or software licensing agreements, or that are for
806	desktop replacement that is similar to the technology currently
807	in use must be reviewed by the Technology Review Workgroup
808	pursuant to s. 216.0446 and approved by the Executive Office of
809	the Governor for the executive branch or by the Chief Justice
810	for the judicial branch, and shall be subject to approval by the
811	Legislative Budget Commission as well as the notice and
812	objection procedures set forth in s. 216.177.
813	Section 25.  Paragraph (f) of subsection (1) of section
814	218.32, Florida Statutes, is amended to read:
815	218.32  Annual financial reports; local governmental
816	entities.-
817	(1)
818	(f)  If the department does not receive a completed annual
819	financial report from a local governmental entity within the
820	required period, it shall notify the Legislative Auditing
821	Committee of the local governmental entity's failure to comply
822	with the reporting requirements. The committee shall proceed in
823	accordance with s. 11.40(5).
824	Section 26.  Subsection (3) of section 218.38, Florida
825	Statutes, is amended to read:
826	218.38  Notice of bond issues required; verification.-
827	(3)  If a unit of local government fails to verify pursuant
828	to subsection (2) the information held by the division, or fails
829	to provide the information required by subsection (1), the
830	division shall notify the Legislative Auditing Committee of such
831	failure to comply. The committee shall proceed in accordance
832	with s. 11.40(5).
833	Section 27.  Paragraph (b) of subsection (2) of section
834	287.0943, Florida Statutes, is amended to read:
835	287.0943  Certification of minority business enterprises.-
836	(2)
837	(b)  The task force shall be regionally balanced and
838	comprised of officials representing the department, counties,
839	municipalities, school boards, special districts, and other
840	political subdivisions of the state who administer programs to
841	assist minority businesses in procurement or development in
842	government-sponsored programs. The following organizations may
843	appoint two members each of the task force who fit the
844	description above:
845	1.  The Florida League of Cities, Inc.
846	2.  The Florida Association of Counties.
847	3.  The Florida School Boards Association, Inc.
848	4.  The Association of Special Districts.
849	5.  The Florida Association of Minority Business Enterprise
850	Officials.
851	6.  The Florida Association of Government Purchasing
852	Officials.
853
854	In addition, the Office of Supplier Diversity shall appoint
855	seven members consisting of three representatives of minority
856	business enterprises, one of whom should be a woman business
857	owner, two officials of the office, and two at-large members to
858	ensure balance. The chairperson of the Legislative Committee on
859	Intergovernmental Relations or a designee shall be a member of
860	the task force, ex officio. A quorum shall consist of one-third
861	of the current members, and the task force may take action by
862	majority vote. Any vacancy may only be filled by the
863	organization or agency originally authorized to appoint the
864	position.
865	Section 28.  Subsection (4) of section 288.7001, Florida
866	Statutes, is amended to read:
867	288.7001  Small Business Regulatory Advisory Council.-
868	(4)  PERIODIC REVIEW OF RULES.-
869	(a)  In coordination with the sunset review schedule
870	provided in s. 11.905, The council may periodically review rules
871	of agencies subject to sunset review to determine whether the
872	rules should be continued without change or should be amended or
873	repealed to reduce the impact of the rules on small businesses,
874	subject to the requirement that the recommendations of the
875	council must be feasible and consistent with the stated
876	objectives of the rules.
877	(b)  In reviewing agency rules to reduce the impact on
878	small businesses, the council, in coordination with the agency,
879	shall consider the following factors:
880	1.  Continued need for the rule;
881	2.  The nature of complaints or comments received from the
882	public concerning the rule;
883	3.  The complexity of the rule;
884	4.  The extent to which the rule overlaps, duplicates, or
885	conflicts with other federal, state, and local government rules;
886	and
887	5.  The length of time since the rule has been evaluated or
888	the degree to which technology, economic conditions, or other
889	factors have changed in the topical area affected by the rule.
890	(c)  Within 6 months after the agency report is submitted
891	to the Joint Legislative Sunset Committee pursuant to s. 11.907,
892	The council shall provide a report its conclusions upon
893	completion of any review under paragraph (a) to the Governor,
894	the President of the Senate, and the Speaker of the House of
895	Representatives, and the Joint Legislative Sunset Committee that
896	includes recommendations and evaluations of agency rules and
897	programs regarding regulatory fairness for small businesses. A
898	component of the report shall be a rating system, developed by
899	the council, entitled "Small Business Friendliness and
900	Development Scorecard."
901	Section 29.  Subsection (1) of section 350.061, Florida
902	Statutes, is amended to read:
903	350.061  Public Counsel; appointment; oath; restrictions on
904	Public Counsel and his or her employees.-
905	(1)  The committee designated by joint rule of the
906	Legislature or by agreement between the President of the Senate
907	and the Speaker of the House of Representatives as the Committee
908	on Public Counsel Oversight shall appoint a Public Counsel by
909	majority vote of the members of the committee to represent the
910	general public of Florida before the Florida Public Service
911	Commission. The Public Counsel shall be an attorney admitted to
912	practice before the Florida Supreme Court and shall serve at the
913	pleasure of the Committee on Public Counsel Oversight, subject
914	to biennial reconfirmation by the committee. The Public Counsel
915	shall perform his or her duties independently. Vacancies in the
916	office shall be filled in the same manner as the original
917	appointment.
918	Section 30.  Subsection (2) of section 350.0614, Florida
919	Statutes, is amended to read:
920	350.0614  Public Counsel; compensation and expenses.-
921	(2)  The Legislature declares and determines that the
922	Public Counsel is under the legislative branch of government
923	within the intention of the legislation as expressed in chapter
924	216, and no power shall be in the Executive Office of the
925	Governor or its successor to release or withhold funds
926	appropriated to it, but the same shall be available for
927	expenditure as provided by law and the rules or decisions of the
928	Committee on Public Counsel Oversight.
929	Section 31.  Paragraph (b) of subsection (8) of section
930	373.026, Florida Statutes, is amended to read:
931	373.026  General powers and duties of the department.-The
932	department, or its successor agency, shall be responsible for
933	the administration of this chapter at the state level. However,
934	it is the policy of the state that, to the greatest extent
935	possible, the department may enter into interagency or
936	interlocal agreements with any other state agency, any water
937	management district, or any local government conducting programs
938	related to or materially affecting the water resources of the
939	state. All such agreements shall be subject to the provisions of
940	s. 373.046. In addition to its other powers and duties, the
941	department shall, to the greatest extent possible:
942	(8)
943	(b)  To ensure to the greatest extent possible that project
944	components will go forward as planned, the department shall
945	collaborate with the South Florida Water Management District in
946	implementing the comprehensive plan as defined in s.
947	373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
948	defined in s. 373.4595(2), and the River Watershed Protection
949	Plans as defined in s. 373.4595(2). Before any project component
950	is submitted to Congress for authorization or receives an
951	appropriation of state funds, the department must approve, or
952	approve with amendments, each project component within 60 days
953	following formal submittal of the project component to the
954	department. Prior to the release of state funds for the
955	implementation of the comprehensive plan, department approval
956	shall be based upon a determination of the South Florida Water
957	Management District's compliance with s. 373.1501(5). Once a
958	project component is approved, the South Florida Water
959	Management District shall provide to the President of the Senate
960	and the Speaker of the House of Representatives Joint
961	Legislative Committee on Everglades Oversight a schedule for
962	implementing the project component, the estimated total cost of
963	the project component, any existing federal or nonfederal
964	credits, the estimated remaining federal and nonfederal share of
965	costs, and an estimate of the amount of state funds that will be
966	needed to implement the project component. All requests for an
967	appropriation of state funds needed to implement the project
968	component shall be submitted to the department, and such
969	requests shall be included in the department's annual request to
970	the Governor. Prior to the release of state funds for the
971	implementation of the Lake Okeechobee Watershed Protection Plan
972	or the River Watershed Protection Plans, on an annual basis, the
973	South Florida Water Management District shall prepare an annual
974	work plan as part of the consolidated annual report required in
975	s. 373.036(7). Upon a determination by the secretary of the
976	annual work plan's consistency with the goals and objectives of
977	s. 373.4595, the secretary may approve the release of state
978	funds. Any modifications to the annual work plan shall be
979	submitted to the secretary for review and approval.
980	Section 32.  Paragraph (e) of subsection (7) of section
981	373.036, Florida Statutes, is amended to read:
982	373.036  Florida water plan; district water management
983	plans.-
984	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.-
985	(e)  In addition to the elements specified in paragraph
986	(b), the South Florida Water Management District shall include
987	in the consolidated annual report the following elements:
988	1.  The Lake Okeechobee Protection Program annual progress
989	report required by s. 373.4595(3)(g).
990	2.  The Everglades annual progress reports specified in s.
991	373.4592(4)(d)5., (13), and (14).
992	3.  The Everglades restoration annual report required by s.
993	373.470(7).
994	4.  The Everglades Forever Act annual implementation report
995	required by s. 11.80(4).
996	5.  The Everglades Trust Fund annual expenditure report
997	required by s. 373.45926(3).
998	Section 33.  Subsections (3) and (7) of section 373.45926,
999	Florida Statutes, are amended to read:
1000	373.45926  Everglades Trust Fund; allocation of revenues
1001	and expenditure of funds for conservation and protection of
1002	natural resources and abatement of water pollution.-
1003	(3)  The South Florida Water Management District shall
1004	furnish, as part of the consolidated annual report required by
1005	s. 373.036(7), a detailed copy of its expenditures from the
1006	Everglades Trust Fund to the Governor, the President of the
1007	Senate, and the Speaker of the House of Representatives, and
1008	shall make copies available to the public. The information shall
1009	be provided in a format approved by the Joint Legislative
1010	Committee on Everglades Oversight. At the direction of the Joint
1011	Legislative Committee on Everglades Oversight, an audit may be
1012	made from time to time by the Auditor General, and such audit
1013	shall be within the authority of said Auditor General to make.
1014	(7)  Annually, no later than January 1, the South Florida
1015	Water Management District shall report to the President of the
1016	Senate and the Speaker of the House of Representatives Joint
1017	Committee on Everglades Oversight:
1018	(a)  The unencumbered balance which remains in the
1019	Everglades Trust Fund at the end of each fiscal year.
1020	(b)  The revenues deposited in the Everglades Trust Fund
1021	pursuant to this section, by source, and the record of
1022	expenditures from the Everglades Trust Fund.
1023	Section 34.  Subsection (9) of section 409.146, Florida
1024	Statutes, is amended to read:
1025	409.146  Children and families client and management
1026	information system.-
1027	(9)  The Department of Children and Family Services shall
1028	provide an annual report to President of the Senate and the
1029	Speaker of the House of Representatives the Joint Information
1030	Technology Resources Committee. The committee shall review the
1031	report and shall forward the report, along with its comments, to
1032	the appropriate substantive and appropriations committees of the
1033	House of Representatives and the Senate delineating the
1034	development status of the system and other information necessary
1035	for funding and policy formulation. In developing the system,
1036	the Department of Children and Family Services shall consider
1037	and report on the availability of, and the costs associated with
1038	using, existing software and systems, including, but not limited
1039	to, those that are operational in other states, to meet the
1040	requirements of this section. The department shall also consider
1041	and report on the compatibility of such existing software and
1042	systems with an integrated management information system. The
1043	report shall be submitted no later than December 1 of each year.
1044	Section 35.  Section 450.261, Florida Statutes, is amended
1045	to read:
1046	450.261  Interstate Migrant Labor Commission; Florida
1047	membership.-In selecting the Florida membership of the
1048	Interstate Migrant Labor Commission, the Governor may designate
1049	the secretary of the Department of Community Affairs as his or
1050	her representative. The two legislative members shall be chosen
1051	from among the members of the Legislative Commission on Migrant
1052	Labor, and at least one of the two members appointed by the
1053	Governor shall be chosen from among the members of the advisory
1054	committee to that commission.
1055	Section 36.  Section 590.33, Florida Statutes, is amended
1056	to read:
1057	590.33  State compact administrator; compact advisory
1058	committee.-In pursuance of art. III of the compact, the director
1059	of the division shall act as compact administrator for Florida
1060	of the Southeastern Interstate Forest Fire Protection Compact
1061	during his or her term of office as director, and his or her
1062	successor as compact administrator shall be his or her successor
1063	as director of the division. As compact administrator, he or she
1064	shall be an ex officio member of the advisory committee of the
1065	Southeastern Interstate Forest Fire Protection Compact, and
1066	chair ex officio of the Florida members of the advisory
1067	committee. There shall be four members of the Southeastern
1068	Interstate Forest Fire Protection Compact Advisory Committee
1069	from Florida. Two of the members from Florida shall be members
1070	of the Legislature of Florida, one from the Senate designated by
1071	the President of the Senate and one from the House of
1072	Representatives designated by the Speaker of the House, and the
1073	terms of any such members shall terminate at the time they cease
1074	to hold legislative office, and their successors as members
1075	shall be named in like manner. The Governor shall appoint the
1076	other two members from Florida, one of whom shall be associated
1077	with forestry or forest products industries. The terms of such
1078	members shall be 3 years and such members shall hold office
1079	until their respective successors shall be appointed and
1080	qualified. Vacancies occurring in the office of such members
1081	from any reason or cause shall be filled by appointment by the
1082	Governor for the unexpired term. The director of the division as
1083	compact administrator for Florida may delegate, from time to
1084	time, to any deputy or other subordinate in his or her
1085	department or office, the power to be present and participate,
1086	including voting as his or her representative or substitute at
1087	any meeting of or hearing by or other proceeding of the compact
1088	administrators or of the advisory committee. The terms of each
1089	of the initial four memberships, whether appointed at said time
1090	or not, shall begin upon the date upon which the compact shall
1091	become effective in accordance with art. II of said compact. Any
1092	member of the advisory committee may be removed from office by
1093	the Governor upon charges and after a hearing.
1094	Section 37.  Paragraph (a) of subsection (5) of section
1095	1000.01, Florida Statutes, is amended to read:
1096	1000.01  The Florida K-20 education system; technical
1097	provisions.-
1098	(5)  EDUCATION GOVERNANCE TRANSFERS.-
1099	(a)  Effective July 1, 2001:
1100	1.  The Board of Regents is abolished.
1101	2.  All of the powers, duties, functions, records,
1102	personnel, and property; unexpended balances of appropriations,
1103	allocations, and other funds; administrative authority;
1104	administrative rules; pending issues; and existing contracts of
1105	the Board of Regents are transferred by a type two transfer,
1106	pursuant to s. 20.06(2), to the State Board of Education.
1107	3.  The State Board of Community Colleges is abolished.
1108	4.  All of the powers, duties, functions, records,
1109	personnel, and property; unexpended balances of appropriations,
1110	allocations, and other funds; administrative authority;
1111	administrative rules; pending issues; and existing contracts of
1112	the State Board of Community Colleges are transferred by a type
1113	two transfer, pursuant to s. 20.06(2), from the Department of
1114	Education to the State Board of Education.
1115	5.  The Postsecondary Education Planning Commission is
1116	abolished.
1117	6.  The Council for Education Policy Research and
1118	Improvement is created as an independent office under the Office
1119	of Legislative Services.
1120	7.  All personnel, unexpended balances of appropriations,
1121	and allocations of the Postsecondary Education Planning
1122	Commission are transferred to the Council for Education Policy
1123	Research and Improvement.
1124	6.8.  The Articulation Coordinating Committee and the
1125	Education Standards Commission are transferred by a type two
1126	transfer, pursuant to s. 20.06(2), from the Department of
1127	Education to the State Board of Education.
1128	Section 38.  This act shall take effect upon becoming a
1129	law.

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