Florida Senate - 2012                                    SB 1312
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01009-12                                            20121312__
    1                        A bill to be entitled                      
    2         An act relating to the administrative authority of the
    3         executive branch; affirming that Executive Orders 11
    4         72 and 11-211 are consistent with the law and public
    5         policy of this state; providing legislative intent;
    6         amending s. 20.02, F.S.; providing that gubernatorial
    7         appointees are generally subject to the oversight,
    8         direction, and control of the Governor; amending s.
    9         20.03, F.S.; redefining the term “agency head”;
   10         specifying that an agency head who is appointed by and
   11         serves at the pleasure of the Governor remains subject
   12         to the supervision, direction, and control of the
   13         Governor; defining the term “serve at the pleasure”;
   14         specifying that an appointee who serves at the
   15         pleasure of an appointing authority remains subject to
   16         the direction, supervision, and control of the
   17         appointing authority; amending s. 20.05, F.S.;
   18         specifying that certain statutory directives to heads
   19         of department are subject to the allocation of
   20         executive power under the State Constitution; creating
   21         s. 120.515, F.S.; specifying that ch. 120, F.S., does
   22         not limit or impinge upon the authority of an
   23         appointing authority to direct and supervise an
   24         appointee serving at the pleasure of the appointing
   25         authority; amending s. 120.52, F.S.; specifying that
   26         certain acts of an agency head who serves at the
   27         pleasure of an appointing authority are official acts,
   28         notwithstanding the authority of an appointing
   29         authority to direct and supervise the agency head;
   30         amending s. 14.34, F.S.; deleting the authority of the
   31         Executive Office of the Governor to adopt rules
   32         relating to the award of the Governor’s Medal of
   33         Merit; amending s. 15.16, F.S.; deleting the authority
   34         of the Department of State to adopt rules relating to
   35         apostilles conforming to the Hague Convention of 1961;
   36         amending s. 15.18, F.S.; deleting the authority of the
   37         Secretary of State to adopt rules relating to
   38         contracts that are primarily for promotional services
   39         and events; deleting a requirement that appropriated
   40         funds be expended in accordance with part I of ch.
   41         287, F.S.; amending s. 16.60, F.S.; deleting the
   42         authority of the Attorney General to adopt rules of
   43         procedure to govern its mediation proceedings;
   44         amending s. 17.0416, F.S.; deleting the authority of
   45         the Department of Financial Services to adopt rules
   46         relating to contractual agreements to provide
   47         accounting and payroll services on a fee basis;
   48         amending s. 17.59, F.S.; deleting the authority of the
   49         Chief Financial Officer to adopt rules for the
   50         management and maintenance of the collateral
   51         management service; repealing s. 25.371, F.S., which
   52         relates to the effect of rules adopted by the Supreme
   53         Court; repealing s. 28.43, F.S., which relates to the
   54         authority of the Department of Revenue to adopt rules
   55         relating to the clerks of court; repealing s. 35.07,
   56         F.S., which relates to the power of the district
   57         courts of appeal to make rules and regulations;
   58         amending s. 39.0137, F.S.; deleting the authority of
   59         the Department of Children and Family Services to
   60         adopt rules to ensure that the requirements of the
   61         Indian Child Welfare Act and the Multi-Ethnic
   62         Placement Act of 1994 are enforced; amending s.
   63         39.824, F.S.; deleting a request that the Supreme
   64         Court adopt rules of juvenile procedure; amending s.
   65         63.167, F.S.; deleting the authority of the Department
   66         of Children and Family Services to adopt rules
   67         relating to the establishment and operation of the
   68         state adoption information center; repealing s.
   69         88.9051, F.S., which relates to the authority of the
   70         Department of Children and Family Services to adopt
   71         rules to implement ch. 88, F.S.; amending s. 97.026,
   72         F.S.; deleting the authority of the Department of
   73         State to adopt rules relating to the provision of
   74         forms and ballots in alternative formats; amending s.
   75         97.0555, F.S.; deleting the authority of the
   76         Department of State to adopt rules specifying
   77         documentation that is sufficient for certain
   78         individuals to qualify for late registration to vote;
   79         amending s. 97.061, F.S.; deleting the authority of
   80         the Department of State to adopt rules relating to
   81         registration of persons to vote who are unable to read
   82         or write or who are disabled; amending s. 101.56062,
   83         F.S.; deleting the authority of the Department of
   84         State to adopt rules relating to standards for
   85         accessible voting systems; amending s. 103.101, F.S.;
   86         deleting the authority of the Department of State to
   87         promulgate rules relating to the conduct of the
   88         presidential preference primary ballot; amending s.
   89         106.165, F.S.; deleting the authority of the
   90         Department of State to adopt rules relating to
   91         requirements to use closed captioning and descriptive
   92         narratives in certain television broadcasts; amending
   93         s. 110.1099, F.S.; deleting the authority of the
   94         Department of Management Services to adopt rules
   95         relating to educational and training opportunities for
   96         state employees; amending s. 110.1228, F.S.; deleting
   97         the authority of the Department of Management Services
   98         to adopt rules relating to the participation of small
   99         counties, small municipalities, and district school
  100         boards located in small counties to participate in the
  101         state group health insurance program; amending s.
  102         110.12301, F.S.; deleting the authority of the
  103         Department of Management Services to adopt rules
  104         providing a process for verifying dependent
  105         eligibility in the state group insurance program;
  106         amending s. 112.1915, F.S.; deleting the authority of
  107         the State Board of Education to adopt rules relating
  108         to death benefits for teachers and school
  109         administrators; amending s. 118.12, F.S.; deleting the
  110         authority of the Department of State to adopt rules
  111         relating to the certification of a civil notary’s
  112         authority; amending s. 121.085, F.S.; deleting the
  113         authority of the Department of Management Services to
  114         adopt rules relating to the submission of information
  115         necessary to establish a member’s claim for creditable
  116         service; providing an effective date.
  117  
  118         WHEREAS, for the preservation of liberty and the protection
  119  of individual rights, the people of this state adopted a
  120  republican form of government delegating and limiting sovereign
  121  power to be exercised by their representatives in three
  122  separate, but equal, branches: the legislative, the executive,
  123  and the judicial, and
  124         WHEREAS, under Article IV of the State Constitution the
  125  people vested supreme executive power in the Governor and
  126  apportioned specific substantive powers among the other elected
  127  officers designated in that article, including the Lieutenant
  128  Governor, the Attorney General, the Chief Financial Officer, and
  129  the Commissioner of Agriculture, and
  130         WHEREAS, Alexander Hamilton stated in the Federalist No. 70
  131  that energy in the executive is a leading character in the
  132  definition of good government, and
  133         WHEREAS, Alexander Hamilton further stated in the
  134  Federalist No. 70 that a feeble executive implies a feeble
  135  execution of the government; that a feeble execution is but
  136  another phrase for a bad execution; and that a government ill
  137  executed, whatever it may be in theory, must be in practice a
  138  bad government, and
  139         WHEREAS, since the framing of Florida’s first constitution
  140  in 1838, the people have adhered to the principles expressed by
  141  Mr. Hamilton in the vesting of supreme executive power directly
  142  in the Governor but choosing to vest other specific executive
  143  powers directly in other denominated officials or entities, and
  144         WHEREAS, in uninterrupted consistency with their
  145  longstanding vesting of the supreme executive power in the
  146  Governor, the people in 1968 adopted s. 6, Art. IV of the State
  147  Constitution, generally directing and limiting the Legislature
  148  to allot the functions of the executive branch among not more
  149  than 25 departments and to place the administration of each
  150  department under the direct supervision of the Governor, the
  151  Lieutenant Governor, the Governor and Cabinet, a cabinet member,
  152  or an officer or board appointed by and serving at the pleasure
  153  of the Governor, and
  154         WHEREAS, each officer of state government is obligated to
  155  construe the language of the State Constitution consistent with
  156  its express and clearly implied intent, must give words their
  157  ordinary and customary meaning unless the context indicates
  158  otherwise, must construe all parts together to give them their
  159  full effect, and must not construe the terms of the State
  160  Constitution to yield an absurd result, and
  161         WHEREAS, consistent with s. 6, Art. IV of the State
  162  Constitution, the Legislature adopted and the Governor signed
  163  into law chapter 69-106, Laws of Florida, which restructured the
  164  executive branch into not more than 25 departments and
  165  designated their direct administration, and
  166         WHEREAS, at the time of adopting chapter 69-106, Laws of
  167  Florida, the Legislature was informed that, in submitting s. 6,
  168  Art. IV of the 1968 Constitution to the people for approval, the
  169  Legislature intended that the proposal ensure that the
  170  administration and policies of each executive branch department
  171  would be under the final authority and control of the Governor
  172  or one or more elected constitutional officers, and
  173         WHEREAS, in construing together ss. 1(a) and 6, Art. IV of
  174  the State Constitution, the Legislature understands that these
  175  sections create a general legal presumption against the creation
  176  of a class of unelected, subordinate officers exercising
  177  executive power independent of the direction and supervision of
  178  the Governor or one or more specified elected constitutional
  179  officers, and
  180         WHEREAS, s. 6, Art. IV of the State Constitution has not
  181  been amended since its ratification by the people of this state
  182  on November 5, 1968, and
  183         WHEREAS, an officer appointed by and serving at the
  184  pleasure of the Governor to administer a department exercises a
  185  portion of the sovereign power allocated under the State
  186  Constitution to the executive branch and remains subject to the
  187  direction and supervision of one or more elected constitutional
  188  officers who have the ultimate accountability to the people for
  189  the faithful discharge of such responsibility, and
  190         WHEREAS, Justice Polston stated in a dissenting opinion in
  191  Whiley v. Scott, 2011 WL 3568804, at *17 (Fla. 2011), that the
  192  Governor has the constitutional authority to act as this state’s
  193  chief administrative officer as well as the constitutional duty
  194  to faithfully execute this state’s laws and to manage and hold
  195  agencies under his charge accountable to state laws, including
  196  the Administrative Procedure Act, and that the Governor is given
  197  broad authority to fulfill his duty in taking care that the laws
  198  are faithfully executed, and
  199         WHEREAS, Chief Justice Canady stated in a dissenting
  200  opinion in Whiley v. Scott, 2011 WL 3568804, at *11 (Fla. 2011),
  201  that if the phrase “supreme executive power,” as used in s. 6,
  202  Art. IV of the State Constitution, “means anything, it must mean
  203  that the Governor can supervise and direct the policy-making
  204  choices - within the range of choices permitted by law - of the
  205  subordinate executive branch officers who serve at his
  206  pleasure,” and
  207         WHEREAS, the Legislature has not insulated discretionary
  208  executive policy decisions from the constitutional structure of
  209  accountability to elected officials established in Article IV of
  210  the State Constitution, and
  211         WHEREAS, the Legislature finds that exercise of delegated
  212  quasi-legislative power within the parameters of the
  213  Administrative Procedure Act and related statutes involves
  214  discretionary policy choices by executive branch officers, and
  215  that in the exercise of this power, the Legislature has imposed
  216  no restriction on the authority of the Governor or any other
  217  constitutional officer or collegial body to supervise and direct
  218  such policy choices made by subordinate executive branch
  219  officials in rulemaking, and
  220         WHEREAS, Florida law provides no specific process for
  221  carrying out the Governor’s executive duties with respect to
  222  holding his executive agencies accountable in their rulemaking
  223  functions, and
  224         WHEREAS, Chief Justice Canady correctly stated in a
  225  dissenting opinion in Whiley v. Scott, 2011 WL 3568804, at *11
  226  (Fla. 2011), “Given the constitutional structure establishing
  227  the power and responsibilities of the Governor, it is
  228  unjustified to conclude . . . that by assigning rulemaking power
  229  to agency heads, the Legislature implicitly divested the
  230  Governor of the supervisory power with respect to executive
  231  officials who serve at his pleasure,” and
  232         WHEREAS, a Governor’s actions are presumed to be in accord
  233  with the duties of that office, and
  234         WHEREAS, a statutory definition of “agency head” is not
  235  intended or effective to change the fundamental general
  236  principles of Article IV of the State Constitution that
  237  executive branch power may be exercised only under the direct or
  238  indirect supervision of one or more elected constitutional
  239  officers, and that the supervision of any executive agency not
  240  expressly allocated to one or more particular constitutional
  241  officers remains under the Governor’s supreme executive power,
  242  and
  243         WHEREAS, the Administrative Procedure Act is a uniform
  244  procedural statute ensuring full public access and participation
  245  in any exercise of delegated legislative authority by executive
  246  branch entities, and
  247         WHEREAS, the delegation of rulemaking authority by
  248  substantive statute and establishment of uniform procedures
  249  under the Administrative Procedure Act were intended by the
  250  Legislature to conform and comply with the separation of powers
  251  required under s. 3, Art. II of the State Constitution, with no
  252  general intrusion into the role and authority of the elected
  253  executive branch officers as established in Article IV of the
  254  State Constitution, and
  255         WHEREAS, continual review and assessment of existing and
  256  proposed rules is reasonably necessary to ensure that the laws
  257  of this state are faithfully executed without unduly burdening
  258  the state’s economy and imposing needless costs and requirements
  259  on residents, businesses, and local governments, and
  260         WHEREAS, fiscal accountability by all agencies is
  261  reasonably necessary to ensure integrity in state government,
  262  and
  263         WHEREAS, while agency heads and personnel bring expertise
  264  to a particular subject matter, they are not directly
  265  accountable to the electorate and do not necessarily have an
  266  incentive to take a systemic approach to regulatory problems, to
  267  budget constraints, or to the overall regulatory burden imposed
  268  by the state on residents and businesses, and
  269         WHEREAS, the elected constitutional officers of this state
  270  have a democratic mandate, are directly answerable to the
  271  people, and have the duty and power to assess the overall
  272  legality, efficiency, and operation of government within their
  273  constitutional and statutory jurisdictions, and
  274         WHEREAS, review and oversight of agency rulemaking are
  275  encompassed by the Governor’s powers and duties under ss. 1(a)
  276  and 6, Art. IV of the State Constitution to “take care that the
  277  laws be faithfully executed” and to serve as “the chief
  278  administrative officer of the state responsible for the planning
  279  and budgeting for the state,” and
  280         WHEREAS, the State Constitution and the Florida Statutes
  281  establish that many agencies of state government are
  282  administered by an officer appointed by and serving at the
  283  pleasure of the Governor, and in order to determine whether an
  284  officer continues to serve at the Governor’s pleasure, it is
  285  necessary for the Governor to set expectations and standards for
  286  that officer, and to measure agency performance against those
  287  expectations and standards, and
  288         WHEREAS, Executive Orders 11-01 and 11-72 established the
  289  Office of Fiscal Accountability and Regulatory Reform to ensure
  290  that agency rules, proposed and existing, are efficient, are not
  291  overly burdensome, and faithfully adhere to statutes as enacted
  292  by the Legislature, and
  293         WHEREAS, upon establishment of the Office of Fiscal
  294  Accountability and Regulatory Reform, all agencies under the
  295  direction of the Governor were required to obtain review by the
  296  office and receive approval before developing new rules or
  297  amending or repealing existing rules, and
  298         WHEREAS, the review process under the Office of Fiscal
  299  Accountability and Regulatory Reform has facilitated the
  300  Governor’s exercise of his power and duty to serve as the chief
  301  executive and administrative officer of the state, and
  302         WHEREAS, the review process of the Office of Fiscal
  303  Accountability and Regulatory Reform has facilitated the
  304  Governor’s planning and budgeting for the state, and
  305         WHEREAS, the Office of Fiscal Accountability and Regulatory
  306  Reform has reviewed thousands of rules and regulations and
  307  helped agencies identify more than 1,000 unnecessary and
  308  unauthorized rules and regulations and recommend that they be
  309  repealed, and
  310         WHEREAS, since January 4, 2011, the Office of Fiscal
  311  Accountability and Regulatory Reform has reviewed hundreds of
  312  proposed agency rulemaking actions, and
  313         WHEREAS, the review process of the Office of Fiscal
  314  Accountability and Regulatory Reform has thus far been
  315  successful in helping to ensure the efficient and effective
  316  performance of state government, and
  317         WHEREAS, a majority of five of the seven justices of the
  318  Supreme Court of Florida held in Whiley v. Scott, 2011 WL
  319  3568804, at *1 (Fla. 2011), that Executive Orders 11-01 and 11
  320  72 “impermissibly suspended agency rulemaking to the extent that
  321  [they] include a requirement that the Office of Fiscal
  322  Accountability and Regulatory Reform must first permit an agency
  323  to engage in the rulemaking that has been delegated by the
  324  Florida Legislature,” and
  325         WHEREAS, the majority opinion in Whiley failed to address
  326  and apply the plain meaning of ss. 1 and 6, Art. IV of the State
  327  Constitution, and thereby may be read to restrain the power of
  328  the Governor under general law with respect to the supervision
  329  of agency heads, and
  330         WHEREAS, the majority opinion in Whiley failed to address
  331  the implications of the Court’s precedent in Jones v. Chiles,
  332  638 So.2d 48 (Fla. 1994), which recognized the proper scope of
  333  executive power under the State Constitution, and
  334         WHEREAS, the majority opinion in Whiley failed to address
  335  the precedent set by dozens of executive orders issued by
  336  previous Florida governors, and
  337         WHEREAS, the majority opinion in Whiley failed to address
  338  the Court’s holding in Chiles v. Children A, B, C, D, E, and F,
  339  589 So.2d 260, 263 (Fla. 1991), that “[t]he principles
  340  underlying the governmental separation of powers antedate our
  341  Florida Constitution and were collectively adopted by the union
  342  of states in our federal constitution,” and, in light of that
  343  precedent, failed to consider that Executive Orders 11-01 and
  344  11-72 cannot be meaningfully distinguished from similar
  345  executive orders issued by the last four presidents of the
  346  United States and the governors of a least 29 other states, and
  347         WHEREAS, the majority opinion in Whiley unreasonably relied
  348  on a 1983 opinion of the Attorney General, which the Attorney
  349  General distinguished and limited to its facts in an amicus
  350  brief in Whiley, and
  351         WHEREAS, the opinions of the two dissenting justices in
  352  Whiley state the correct interpretation of the State
  353  Constitution and present persuasive reasoning and arguments in
  354  support of that interpretation, and
  355         WHEREAS, the Supreme Court withheld the writ sought by the
  356  plaintiff in Whiley, and
  357         WHEREAS, notwithstanding the other provisions of this
  358  preamble, the majority opinion in Whiley is to be afforded the
  359  deference due an advisory opinion of the Supreme Court as no
  360  writ or other final order was entered, NOW, THEREFORE,
  361  
  362  Be It Enacted by the Legislature of the State of Florida:
  363  
  364         Section 1. Executive Orders 11-72 and 11-211 are affirmed
  365  as being consistent with the law and public policy of the state.
  366         Section 2. The Legislature intends that the amendments to
  367  ss. 20.02, 20.03, and 20.05, Florida Statutes, made by this act
  368  which apply to the organizational structure of the executive
  369  branch, and that the creation of s. 120.515, Florida Statutes,
  370  and the amendment to s. 120.52, Florida Statutes, made by this
  371  act which apply to administrative procedure are to clarify that
  372  the placement of an executive department under the direct
  373  administration of an officer or board appointed by and serving
  374  at the pleasure of the Governor does not implicitly limit or
  375  restrict the Governor’s authority and responsibility to direct
  376  and supervise the actions, policies, and process of such officer
  377  or board. The Legislature further intends that the statutory
  378  changes serve as a rejection of any interpretation of the State
  379  Constitution or the Florida Statutes which concludes that an
  380  unelected agency head has authority to act independently of the
  381  direction and supervision of the Governor, except as may be
  382  clearly, expressly, and specifically provided by general law.
  383         Section 3. Present subsections (3) through (7) of section
  384  20.02, Florida Statutes, are renumbered as subsections (4)
  385  through (8), respectively, and a new subsection (3) is added to
  386  that section, to read:
  387         20.02 Declaration of policy.—
  388         (3) Unless otherwise expressly provided in this chapter,
  389  the administration of any executive branch department or entity
  390  placed under the direct supervision of an officer or board
  391  appointed by and serving at the pleasure of the Governor shall
  392  remain at all times under the executive authority of the
  393  Governor, pursuant to ss. 1(a) and 6, Art. IV of the State
  394  Constitution, and subject to the oversight, direction, and
  395  supervision of the Governor.
  396         Section 4. Subsections (4) and (5) of section 20.03,
  397  Florida Statutes, are amended, and subsection (13) is added to
  398  that section, to read:
  399         20.03 Definitions.—To provide uniform nomenclature
  400  throughout the structure of the executive branch, the following
  401  definitions apply:
  402         (4) “Head of the department” means the individual to whom
  403  or board to which direct administration in charge of the
  404  department is allocated by statute. An agency head who is
  405  appointed by and serves at the pleasure of the Governor remains
  406  subject to the Governor’s supervision, direction, and control
  407  under s. 1(a), Art. IV of the State Constitution.
  408         (5) “Secretary” means an individual who is appointed by the
  409  Governor to head a department and who is not otherwise named in
  410  the State Constitution.
  411         (13) “Serve at the pleasure” refers to an appointee who
  412  serves in the office until removed by the appointing authority.
  413  Consistent with ss. 1 and 6, Art. IV of the State Constitution,
  414  an appointee serving at the pleasure of the appointing authority
  415  remains subject to the direction, supervision, and control of
  416  the appointing authority and does not exercise any independent
  417  executive power, except as is clearly, expressly, and
  418  specifically provided by law. Unless otherwise expressly
  419  provided by law, the exercise of statutory authority by such
  420  appointee does not require approval of the appointing authority
  421  unless expressly required by the directive of the appointing
  422  authority.
  423         Section 5. Subsection (1) of section 20.05, Florida
  424  Statutes, is amended to read:
  425         20.05 Heads of departments; powers and duties.—
  426         (1) Each head of a department, subject to the allocation of
  427  executive power under Art. IV of the State Constitution, and
  428  except as otherwise provided by law, must:
  429         (a) Plan, direct, coordinate, and execute the powers,
  430  duties, and functions vested in that department or vested in a
  431  division, bureau, or section of that department; powers and
  432  duties assigned or transferred to a division, bureau, or section
  433  of the department must not be construed to limit this authority
  434  and this responsibility;
  435         (b) Have authority, without being relieved of
  436  responsibility, to execute any of the powers, duties, and
  437  functions vested in the department or in any administrative unit
  438  thereof through administrative units and through assistants and
  439  deputies designated by the head of the department from time to
  440  time, unless the head of the department is explicitly required
  441  by law to perform the same without delegation;
  442         (c) Compile annually a comprehensive program budget
  443  reporting all program and fiscal matters related to the
  444  operation of his or her department, including each program,
  445  subprogram, and activity, and other matters as required by law;
  446         (d) Reimburse the members of advisory bodies, commissions,
  447  and boards of trustees for their actual and necessary expenses
  448  incurred in the performance of their duties in accordance with
  449  s. 112.061;
  450         (e) Subject to the requirements of chapter 120, exercise
  451  existing authority to adopt rules pursuant and limited to the
  452  powers, duties, and functions transferred to the department;
  453         (f) Exercise authority on behalf of the department to
  454  accept gifts, grants, bequests, loans, and endowments for
  455  purposes consistent with the powers, duties, and functions of
  456  the department. All such funds must be deposited in the State
  457  Treasury and appropriated by the Legislature for the purposes
  458  for which they were received by the department;
  459         (g) If a department is under the direct supervision of a
  460  board, including a board consisting of the Governor and Cabinet,
  461  however designated, employ an executive director to serve at its
  462  pleasure; and
  463         (h) Make recommendations concerning more effective internal
  464  structuring of the department to the Legislature. Unless
  465  otherwise required by law, such recommendations must be provided
  466  to the Legislature at least 30 days before the first day of the
  467  regular session at which they are to be considered, when
  468  practicable.
  469         Section 6. Section 120.515, Florida Statutes, is created to
  470  read:
  471         120.515Declaration of policy.—This chapter does not limit
  472  or impinge upon the allocation of executive power under Art. IV
  473  of the State Constitution, including the authority of an
  474  appointing authority to direct and supervise an appointee
  475  serving at the pleasure of the appointing authority.
  476         Section 7. Subsection (3) of section 120.52, Florida
  477  Statutes, is amended to read:
  478         120.52 Definitions.—As used in this act:
  479         (3) “Agency head” means the person or collegial body in a
  480  department or other governmental unit statutorily responsible
  481  for final agency action. While an agency head appointed by and
  482  serving at the pleasure of an appointing authority remains
  483  subject to the direction and supervision of the appointing
  484  authority, actions taken by the agency head as authorized by law
  485  are official acts.
  486         Section 8. Subsection (3) of section 14.34, Florida
  487  Statutes, is amended to read:
  488         14.34 Governor’s Medal of Merit.—
  489         (3) The Executive Office of the Governor, in consultation
  490  with the Adjutant General and other appropriate entities, may
  491  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  492  this section.
  493         Section 9. Subsection (7) of section 15.16, Florida
  494  Statutes, is amended to read:
  495         15.16 Reproduction of records; admissibility in evidence;
  496  electronic receipt and transmission of records; certification;
  497  acknowledgment.—
  498         (7) The Secretary of State may issue apostilles conforming
  499  to the requirements of the international treaty known as the
  500  Hague Convention of 1961 and may charge a fee for the issuance
  501  of apostilles not to exceed $10 per apostille. The Secretary of
  502  State has the sole authority in this state to establish, in
  503  accordance with the laws of the United States, the requirements
  504  and procedures for the issuance of apostilles. The Department of
  505  State may adopt rules to implement this subsection.
  506         Section 10. Subsection (7) of section 15.18, Florida
  507  Statutes, is amended to read:
  508         15.18 International and cultural relations.—The Divisions
  509  of Cultural Affairs, Historical Resources, and Library and
  510  Information Services of the Department of State promote programs
  511  having substantial cultural, artistic, and indirect economic
  512  significance that emphasize American creativity. The Secretary
  513  of State, as the head administrator of these divisions, shall
  514  hereafter be known as “Florida’s Chief Cultural Officer.” As
  515  this officer, the Secretary of State is encouraged to initiate
  516  and develop relationships between the state and foreign cultural
  517  officers, their representatives, and other foreign governmental
  518  officials in order to promote Florida as the center of American
  519  creativity. The Secretary of State shall coordinate
  520  international activities pursuant to this section with
  521  Enterprise Florida, Inc., and any other organization the
  522  secretary deems appropriate. For the accomplishment of this
  523  purpose, the Secretary of State shall have the power and
  524  authority to:
  525         (7) Notwithstanding the provisions of part I of chapter
  526  287, promulgate rules for entering into contracts which are
  527  primarily for promotional services and events, which may include
  528  commodities involving a service. Such rules shall include the
  529  authority to negotiate costs with the offerors of such services
  530  and commodities who have been determined to be qualified on the
  531  basis of technical merit, creative ability, and professional
  532  competency. The rules shall only apply to the expenditure of
  533  funds donated for promotional services and events. Expenditures
  534  of appropriated funds shall be made only in accordance with part
  535  I of chapter 287.
  536         Section 11. Paragraph (a) of subsection (3) of section
  537  16.60, Florida Statutes, is amended to read:
  538         16.60 Public records mediation program within the Office of
  539  the Attorney General; creation; duties.—
  540         (3) The Office of the Attorney General shall:
  541         (a) Employ one or more mediators to mediate disputes
  542  involving access to public records. A person may not be employed
  543  by the department as a mediator unless that person is a member
  544  in good standing of The Florida Bar. The Office of the Attorney
  545  General may adopt rules of procedure to govern its mediation
  546  proceedings.
  547         Section 12. Section 17.0416, Florida Statutes, is amended
  548  to read:
  549         17.0416 Authority to provide services on a fee basis.—
  550         (1) The Chief Financial Officer, through the Department of
  551  Financial Services, may provide accounting and payroll services
  552  on a fee basis under contractual agreement with eligible
  553  entities, including, but not limited to, state universities,
  554  community colleges, units of local government, constitutional
  555  officers, and any other person or entity having received any
  556  property, funds, or moneys from the state. All funds collected
  557  by the department under these contracts shall be deposited into
  558  the General Revenue Fund.
  559         (2) The Department of Financial Services may adopt rules
  560  necessary to administer this section.
  561         Section 13. Subsection (3) of section 17.59, Florida
  562  Statutes, is amended, and present subsections (4) through (6) of
  563  that section are renumbered as subsections (3) through (5),
  564  respectively, to read:
  565         17.59 Safekeeping services.—
  566         (3) The Chief Financial Officer may adopt rules for the
  567  proper management and maintenance of the collateral management
  568  service.
  569         Section 14. Section 25.371, Florida Statutes, is repealed.
  570         Section 15. Section 28.43, Florida Statutes, is repealed.
  571         Section 16. Section 35.07, Florida Statutes, is repealed.
  572         Section 17. Subsection (2) of section 39.0137, Florida
  573  Statutes, is amended to read:
  574         39.0137 Federal law; rulemaking authority.—
  575         (2) The department shall adopt rules no later than July 1,
  576  2007, to ensure that the provisions of these federal laws are
  577  enforced in this state. The department is encouraged to enter
  578  into agreements with recognized American Indian tribes in order
  579  to facilitate the implementation of the Indian Child Welfare
  580  Act.
  581         Section 18. Section 39.824, Florida Statutes, is amended to
  582  read:
  583         39.824 Procedures and jurisdiction.—
  584         (1) The Supreme Court is requested to adopt rules of
  585  juvenile procedure by October 1, 1989, to implement this part.
  586  All procedures, including petitions, pleadings, subpoenas,
  587  summonses, and hearings in cases for the appointment of a
  588  guardian advocate shall be according to the Florida Rules of
  589  Juvenile Procedure unless otherwise provided by law.
  590         (2) The circuit court shall have exclusive original
  591  jurisdiction of a proceeding in which appointment of a guardian
  592  advocate is sought. The court shall retain jurisdiction over a
  593  child for whom a guardian advocate is appointed until
  594  specifically relinquished by court order.
  595         Section 19. Subsection (3) of section 63.167, Florida
  596  Statutes, is amended to read:
  597         63.167 State adoption information center.—
  598         (3) The department shall ensure equitable distribution of
  599  referrals to licensed child-placing agencies, and may promulgate
  600  rules as necessary for the establishment and operation of the
  601  state adoption information center.
  602         Section 20. Section 88.9051, Florida Statutes, is repealed.
  603         Section 21. Section 97.026, Florida Statutes, is amended to
  604  read:
  605         97.026 Forms to be available in alternative formats and via
  606  the Internet.—It is the intent of the Legislature that all forms
  607  required to be used in chapters 97-106 shall be made available
  608  upon request, in alternative formats. Such forms shall include
  609  absentee ballots as alternative formats for such ballots become
  610  available and the Division of Elections is able to certify
  611  systems that provide them. The department may, pursuant to ss.
  612  120.536(1) and 120.54, adopt rules to administer this section.
  613  Whenever possible, such forms, with the exception of absentee
  614  ballots, shall be made available by the Department of State via
  615  the Internet. Sections that contain such forms include, but are
  616  not limited to, ss. 97.051, 97.052, 97.053, 97.057, 97.058,
  617  97.0583, 97.071, 97.073, 97.1031, 98.075, 99.021, 100.361,
  618  100.371, 101.045, 101.171, 101.20, 101.6103, 101.62, 101.64,
  619  101.65, 101.657, 105.031, 106.023, and 106.087.
  620         Section 22. Section 97.0555, Florida Statutes, is amended
  621  to read:
  622         97.0555 Late registration.—An individual or accompanying
  623  family member who has been discharged or separated from the
  624  uniformed services or the Merchant Marine, or from employment
  625  outside the territorial limits of the United States, after the
  626  book-closing date for an election pursuant to s. 97.055 and who
  627  is otherwise qualified may register to vote in such election
  628  until 5 p.m. on the Friday before that election in the office of
  629  the supervisor of elections. Such persons must produce
  630  sufficient documentation showing evidence of qualifying for late
  631  registration pursuant to this section. The Department of State
  632  shall adopt rules specifying documentation that is sufficient to
  633  determine eligibility.
  634         Section 23. Subsection (1) of section 97.061, Florida
  635  Statutes, is amended to read:
  636         97.061 Special registration for electors requiring
  637  assistance.—
  638         (1) Any person who is eligible to register and who is
  639  unable to read or write or who, because of some disability,
  640  needs assistance in voting shall upon that person’s request be
  641  registered under the procedure prescribed by this section and
  642  shall be entitled to receive assistance at the polls under the
  643  conditions prescribed by this section. The department may adopt
  644  rules to administer this section.
  645         Section 24. Subsection (3) of section 101.56062, Florida
  646  Statutes, is amended to read:
  647         101.56062 Standards for accessible voting systems.—
  648         (3) The Department of State may adopt rules in accordance
  649  with s. 120.54 which are necessary to administer this section.
  650         Section 25. Subsection (5) of section 103.101, Florida
  651  Statutes, is amended to read:
  652         103.101 Presidential preference primary.—
  653         (5) The state executive committee of each party, by rule
  654  adopted at least 60 days before prior to the presidential
  655  preference primary election, shall determine the number, and
  656  establish procedures to be followed in the selection, of
  657  delegates and delegate alternates from among each candidate’s
  658  supporters. A copy of any rule adopted by the executive
  659  committee shall be filed with the Department of State within 7
  660  days after its adoption and shall become a public record. The
  661  Department of State shall review the procedures and shall notify
  662  the state executive committee of each political party of any
  663  ballot limitations. The Department of State may promulgate rules
  664  for the orderly conduct of the presidential preference primary
  665  ballot.
  666         Section 26. Section 106.165, Florida Statutes, is amended
  667  to read:
  668         106.165 Use of closed captioning and descriptive narrative
  669  in all television broadcasts.—Each candidate, political party,
  670  affiliated party committee, and political committee must use
  671  closed captioning and descriptive narrative in all television
  672  broadcasts regulated by the Federal Communications Commission
  673  that are on behalf of, or sponsored by, a candidate, political
  674  party, affiliated party committee, or political committee or
  675  must file a written statement with the qualifying officer
  676  setting forth the reasons for not doing so. Failure to file this
  677  statement with the appropriate qualifying officer constitutes a
  678  violation of the Florida Election Code and is under the
  679  jurisdiction of the Florida Elections Commission. The Department
  680  of State may adopt rules in accordance with s. 120.54 which are
  681  necessary to administer this section.
  682         Section 27. Subsection (5) of section 110.1099, Florida
  683  Statutes, is amended to read:
  684         110.1099 Education and training opportunities for state
  685  employees.—
  686         (5) The Department of Management Services, in consultation
  687  with the agencies and, to the extent applicable, with Florida’s
  688  public community colleges, public career centers, and public
  689  universities, shall adopt rules to administer this section.
  690         Section 28. Subsection (7) of section 110.1228, Florida
  691  Statutes, is amended to read:
  692         110.1228 Participation by small counties, small
  693  municipalities, and district school boards located in small
  694  counties.—
  695         (7) The Department of Management Services may adopt rules
  696  necessary to administer this section.
  697         Section 29. Section 110.12301, Florida Statutes, is amended
  698  to read:
  699         110.12301 Competitive procurement of postpayment claims
  700  review services.—The Division of State Group Insurance is
  701  directed to competitively procure the following:
  702         (1) Postpayment claims review services for the state group
  703  health insurance plans established pursuant to s. 110.123.
  704  Compensation under the contract shall be paid from amounts
  705  identified as claim overpayments that are made by or on behalf
  706  of the health plans and that are recovered by the vendor. The
  707  vendor may retain that portion of the amount recovered as
  708  provided in the contract. The contract must require the vendor
  709  to maintain all necessary documentation supporting the amounts
  710  recovered, retained, and remitted to the division.; and
  711         (2) A contingency-based contract for dependent eligibility
  712  verification services for the state group insurance program;
  713  however, compensation under the contract may not exceed
  714  historical claim costs for the prior 12 months for the dependent
  715  populations disenrolled as a result of the vendor’s services.
  716  The division may establish a 3-month grace period and hold
  717  subscribers harmless for past claims of ineligible dependents.
  718  The Department of Management Services shall submit budget
  719  amendments pursuant to chapter 216 in order to obtain budget
  720  authority necessary to expend funds from the State Employees’
  721  Group Health Self-Insurance Trust Fund for payments to the
  722  vendor as provided in the contract. The Department of Management
  723  Services shall adopt rules providing a process for verifying
  724  dependent eligibility.
  725         Section 30. Subsections (4) and (5) of section 112.1915,
  726  Florida Statutes, are amended to read:
  727         112.1915 Teachers and school administrators; death
  728  benefits.—Any other provision of law to the contrary
  729  notwithstanding:
  730         (4) The State Board of Education shall adopt rules and
  731  procedures necessary to implement the provisions of this
  732  section, pursuant to ss. 120.536(1) and 120.54.
  733         (4)(5) State funding shall be provided annually in the
  734  General Appropriations Act.
  735         Section 31. Section 118.12, Florida Statutes, is amended to
  736  read:
  737         118.12 Certification of civil-law notary’s authority;
  738  apostilles.—If certification of a civil-law notary’s authority
  739  is necessary for a particular document or transaction, it must
  740  be obtained from the Secretary of State. Upon the receipt of a
  741  written request from a civil-law notary and the fee prescribed
  742  by the Secretary of State, the Secretary of State shall issue a
  743  certification of the civil-law notary’s authority, in a form
  744  prescribed by the Secretary of State, which shall include a
  745  statement explaining the legal qualifications and authority of a
  746  civil-law notary in this state. The fee prescribed for the
  747  issuance of the certification under this section or an apostille
  748  under s. 15.16 may not exceed $10 per document. The Department
  749  of State may adopt rules to implement this section.
  750         Section 32. Section 121.085, Florida Statutes, is amended
  751  to read:
  752         121.085 Creditable service.—The following provisions shall
  753  apply to creditable service as defined in s. 121.021(17):
  754         (1) The department shall adopt rules establishing
  755  procedures for the submission of evidence or information
  756  necessary to establish a member’s claim of creditable service.
  757         (2) No Creditable service that remains which remained
  758  unclaimed at retirement may not be claimed or purchased after a
  759  retirement benefit payment has been cashed or deposited.
  760         Section 33. This act shall take effect July 1, 2012.