Senate Bill sb0278

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001        (NP)                       SB 278

    By Senator Lee





    rb01-2

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 215.5601, 215.96, 216.015,

  4         216.177, 216.181, 216.348, 218.21, 228.082,

  5         228.195, 229.006, 229.085, 229.57, 231.262,

  6         231.6215, 232.50, 233.0655, 233.068, 235.26,

  7         236.1225, 240.145, 240.2995, 240.3335, 240.345,

  8         240.40208, 240.5285, 240.529, 240.711, 252.32,

  9         252.34, 252.35, 252.36, 252.38, 252.46, 252.47,

10         252.50, 252.52, 253.115, 253.7829, 255.101,

11         255.102, 255.25, 255.5535, 259.037, 259.101,

12         265.284, 267.171, 282.303, 283.33, 285.18,

13         287.042, 287.055, 287.057, 287.0943, 288.012,

14         288.106, 288.1066, 288.1167, 288.1169,

15         288.1229, 288.125, 290.0056, 290.0058,

16         290.0065, 290.007, 320.0848, 320.20, 320.27,

17         323.001, 328.16, 331.304, and 348.7543, F.S.;

18         reenacting ss. 216.292(1)(b), 228.056(10),

19         230.23025(2), 231.600, 259.032(12), 265.284(4),

20         287.055(4)(b), and 322.051(1), F.S.; and

21         repealing ss. 236.25(5)(b)1.-3., 288.7771(1),

22         333.07(3)(c), 348.83(5), and 364.025(4)(b),

23         F.S., pursuant to s. 11.242, F.S.; deleting

24         provisions which have expired, have become

25         obsolete, have had their effect, have served

26         their purpose, or have been impliedly repealed

27         or superseded; replacing incorrect

28         cross-references and citations; correcting

29         grammatical, typographical, and like errors;

30         removing inconsistencies, redundancies, and

31         unnecessary repetition in the statutes;

                                  1

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         improving the clarity of the statutes and

  2         facilitating their correct interpretation; and

  3         confirming the restoration of provisions

  4         unintentionally omitted from republication in

  5         the acts of the Legislature during the

  6         amendatory process.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Paragraph (d) of subsection (4) of section

11  215.5601, Florida Statutes, is amended to read:

12         215.5601  Lawton Chiles Endowment Fund.--

13         (4)  LAWTON CHILES ENDOWMENT FUND; CREATION; PURPOSES

14  AND USES.--

15         (d)  No later than October 1 of each year, the

16  Secretary of Health, the Secretary of Children and Family

17  Services, and the Secretary of Health Care Administration

18  shall develop a list of the top five funding priorities for

19  children's services eligible for funding from the endowment

20  funds, and the Secretary of Health, the Secretary of Elderly

21  Affairs, and the Secretary Director of Health Care

22  Administration shall develop a list of the top five funding

23  priorities for elder services eligible for funding from the

24  endowment funds. No later than November 15 of each year, the

25  list for children's services must be submitted to the advisory

26  council for children's services created in paragraph (9)(a),

27  and the list for elder services must be submitted to the

28  advisory council for elder services created in paragraph

29  (9)(b). The purposes of using the advisory councils are to

30  evaluate the funding priorities of the agencies, to evaluate

31  the request against the mission and goals of the agencies, to

                                  2

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  allow for public input and advocacy, and to gain consensus for

  2  priority requests and recommended endowment funding levels for

  3  those priority requests.

  4

  5         Reviser's note.--Amended to conform to the

  6         title of the head of the Agency for Health Care

  7         Administration as provided in s. 20.42.

  8

  9         Section 2.  Paragraph (a) of subsection (3) of section

10  215.96, Florida Statutes, is amended to read:

11         215.96  Coordinating council and design and

12  coordination staff.--

13         (3)  The coordinating council, assisted by the design

14  and coordination staff, shall have the following duties,

15  powers, and responsibilities pertaining to the Florida

16  Financial Management Information System:

17         (a)  To conduct such studies and to establish

18  committees, workgroups, and teams to develop recommendations

19  for rules, policies, procedures, principles, and standards to

20  the board as necessary to assist the board in its efforts to

21  design, implement, and perpetuate a financial management

22  information system, including, but not limited to, the

23  establishment of common data codes, the development of

24  integrated financial management policies that address the

25  information and management needs of the functional owner

26  subsystems, and the development of a strategic plan pursuant

27  to the requirements set forth in s. 186.022 186.022(9). The

28  coordinating council shall make available a copy of the

29  approved plan in writing or through electronic means to each

30  of the coordinating council members, the fiscal committees of

31  the Legislature, and any interested person.

                                  3

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         deletion of subunits from s. 186.022 by s. 43,

  3         ch. 2000-371, Laws of Florida; the remaining

  4         language is similar to former subsection (9).

  5

  6         Section 3.  Subsection (1) of section 216.015, Florida

  7  Statutes, is amended to read:

  8         216.015  Capital facilities planning and budgeting

  9  process.--

10         (1)  Sections 216.015-216.016 216.015-216.0162 may be

11  cited as the "Capital Facilities Planning and Budgeting Act."

12

13         Reviser's note.--Amended to conform to the

14         repeal of s. 216.0162 by s. 61, ch. 2000-371,

15         Laws of Florida.

16

17         Section 4.  Subsection (4) of section 216.177, Florida

18  Statutes, is amended to read:

19         216.177  Appropriations acts, statement of intent,

20  violation, notice, review and objection procedures.--

21         (4)  Notwithstanding the 14-day notice requirements of

22  this section, and for the 2000-2001 fiscal year only, the

23  Department of Children and Family Services is required to

24  provide notice of proposed transfers submitted pursuant to s.

25  20.19(5)(b) 20.19(10)(c)8. to the Executive Office of the

26  Governor and the chairs of the legislative appropriations

27  committees at least 3 working days prior to their

28  implementation.

29

30

31

                                  4

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         substantial rewording of s. 20.19 by s. 2, ch.

  3         2000-139, Laws of Florida.

  4

  5         Section 5.  Subsection (5) of section 216.181, Florida

  6  Statutes, is amended to read:

  7         216.181  Approved budgets for operations and fixed

  8  capital outlay.--

  9         (5)  An amendment for an information resources

10  management project or initiative that involves more than one

11  agency, has an outcome that impacts another agency, or exceeds

12  $500,000 in total cost over a 1-year period, except for those

13  projects that are a continuation of hardware or software

14  maintenance or software licensing agreements, or that are for

15  desktop replacement that is similar to the technology

16  currently in use must be reviewed by the Technology Review

17  Workgroup pursuant to s. 216.0446 216.0466 and approved by the

18  Executive Office of the Governor for the executive branch or

19  by the Chief Justice for the judicial branch, and shall be

20  subject to the notice and review procedures set forth in s.

21  216.177.

22

23         Reviser's note.--Amended to correct an apparent

24         error. Section 216.0466 does not exist; the

25         Technology Review Workgroup is provided for in

26         s. 216.0446.

27

28         Section 6.  Paragraph (b) of subsection (1) of section

29  216.292, Florida Statutes, is reenacted to read:

30         216.292  Appropriations nontransferable; exceptions.--

31         (1)

                                  5

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (b)  The Department of Children and Family Services and

  2  the Agency for Health Care Administration may transfer general

  3  revenue funds as necessary to comply with any provision of the

  4  General Appropriations Act that requires or specifically

  5  authorizes the transfer of general revenue funds between these

  6  two agencies.

  7

  8         Reviser's note.--Reenacted to confirm the

  9         existence of paragraph (1)(b). The paragraph

10         was repealed by s. 9, ch. 2000-157, Laws of

11         Florida, a reviser's bill, to conform to the

12         July 1, 1999, repeal of the paragraph by its

13         own terms. Section 34, ch. 2000-371, Laws of

14         Florida, nullified the July 1, 1999, repeal

15         language and deleted language referencing the

16         1998-1999 fiscal year.

17

18         Section 7.  Paragraph (c) of subsection (3) of section

19  216.348, Florida Statutes, is amended to read:

20         216.348  Fixed capital outlay grants and aids

21  appropriations to certain nonprofit entities.--If a bill

22  appropriating a fixed capital outlay grants and aids

23  appropriation requires compliance with this section, the

24  following conditions shall apply, except to the extent that

25  such bill modifies these conditions:

26         (3)

27         (c)  All agreements required by this subsection shall:

28         1.  Require the grantee to continue the operation,

29  maintenance, repair, and administration of the property in

30  accordance with the purposes for which the funds were

31  originally appropriated and for the period of time expressly

                                  6

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  specified by the bill appropriating the grant. If the bill

  2  appropriating the grant does not specify a time period, the

  3  administering agency shall determine a reasonable period of

  4  time.

  5         2.  Provide that if the grantee fails, during the term

  6  of the agreement, to operate, maintain, repair, and administer

  7  the property in accordance with the purposes for which the

  8  funds were originally granted, the grantee shall return to the

  9  administering agency, no later than upon demand by the

10  administering agency, an amount calculated as follows:

11         a.  If the bill appropriating the grant states a

12  specific repayment formula, that formula shall be used;

13         b.  If the bill appropriating the grant states a

14  specific period of time but does not specify a repayment

15  formula, the amount to be returned shall be calculated on a

16  pro rata basis for that period of time; or

17         c.  If the bill appropriating the grant does not state

18  a specific period of time or formula, the amount to be

19  returned shall be specified by the administering agency, which

20  shall be no less than the full amount of the grant less

21  $100,000 or 10 percent of the grant, whichever is more, for

22  each full year for which the property was used for such

23  purposes.

24

25  The administering agency shall deposit all funds returned by

26  the grantee into the state fund from which the grant was

27  originally made.

28         3.  Require that the grantee adopt an accounting

29  system, in compliance with generally accepted accounting

30  principles, which shall provide for a complete record of the

31

                                  7

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  use of the grant money. In addition, the provisions of s.

  2  215.97 216.3491 shall apply.

  3         4.  Provide that the grantee shall indemnify, defend,

  4  and hold the administering agency harmless from and against

  5  any and all claims or demands for damages resulting from

  6  personal injury, including death or damage to property,

  7  arising out of or relating to the subject property or the use

  8  of the grant money. The agreement shall require the grantee to

  9  purchase and maintain insurance on behalf of directors,

10  officers, and employees of the grantee against any personal

11  liability or accountability by reason of actions taken while

12  acting within the scope of their authority. The administering

13  agency shall be immune from civil or criminal liability

14  resulting from acts or omissions of the grantee and the

15  grantee's agents, employees, or assigns.

16         5.  Require the grantee to return any portion of the

17  grant money received that is not necessary to the purchase of

18  the land, or to the cost of the improvements, renovations, and

19  personalty, for which the grant was awarded.

20

21         Reviser's note.--Amended to conform to the

22         redesignation of s. 216.3491 as s. 215.97 by s.

23         58, ch. 2000-371, Laws of Florida.

24

25         Section 8.  Subsections (6) and (10) of section 218.21,

26  Florida Statutes, are amended to read:

27         218.21  Definitions.--As used in this part, the

28  following words and terms shall have the meanings ascribed

29  them in this section, except where the context clearly

30  indicates a different meaning:

31

                                  8

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (6)  "Guaranteed entitlement" means the amount of

  2  revenue which must be shared with an eligible unit of local

  3  government so that:

  4         (a)  No eligible county shall receive less funds from

  5  the Revenue Sharing Trust Fund for Counties in any fiscal year

  6  than the amount received in the aggregate from the state in

  7  fiscal year 1971-1972 under the provisions of the

  8  then-existing s. 210.20(2)(c), tax on cigarettes; the

  9  then-existing s. 323.16(4), road tax; and the then-existing s.

10  199.292(4), tax on intangible personal property.

11         (b)  No eligible municipality shall receive less funds

12  from the Revenue Sharing Trust Fund for Municipalities in any

13  fiscal year than the aggregate amount it received from the

14  state in fiscal year 1971-1972 under the provisions of the

15  then-existing s. 210.20(2)(a), tax on cigarettes; the

16  then-existing s. 323.16(3), road tax; and s. 206.605, tax on

17  motor fuel. Any government exercising municipal powers under

18  s. 6(f), Art. VIII of the State Constitution may not receive

19  less than the aggregate amount it received from the Revenue

20  Sharing Trust Fund for Municipalities in the preceding fiscal

21  year, plus a percentage increase in such amount equal to the

22  percentage increase of the Revenue Sharing Trust Fund for

23  Municipalities for the preceding fiscal year.

24         (10)  "Second guaranteed entitlement for counties"

25  means the amount of revenue received in the aggregate by an

26  eligible county in fiscal year 1981-1982 under the provisions

27  of the then-existing s. 210.20(2)(a), tax on cigarettes, and

28  the then-existing s. 199.292(4), tax on intangible personal

29  property, less the guaranteed entitlement.  For any fiscal

30  year, each eligible county shall be entitled to receive the

31  second guaranteed entitlement for counties from the Revenue

                                  9

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Sharing Trust Fund for Counties.  The second guaranteed

  2  entitlement for counties shall be deemed separate and apart

  3  from the guaranteed entitlement and shall not be deemed to be

  4  a part of the guaranteed entitlement for purposes of any

  5  indenture, contract, or pledge to holders of obligations

  6  issued by any county.

  7

  8         Reviser's note.--Section 323.16 was repealed by

  9         s. 2, ch. 83-84, Laws of Florida. Section

10         199.292(4), as designated during fiscal years

11         1971-1972 and 1981-1982, was redesignated as s.

12         199.292(3) by s. 27, ch. 85-342, Laws of

13         Florida.

14

15         Section 9.  Subsection (10) of section 228.056, Florida

16  Statutes, is reenacted to read:

17         228.056  Charter schools.--

18         (10)  CAUSES FOR NONRENEWAL OR TERMINATION.--

19         (a)  At the end of the term of a charter, the sponsor

20  may choose not to renew the charter for any of the following

21  grounds:

22         1.  Failure to meet the requirements for student

23  performance stated in the charter.

24         2.  Failure to meet generally accepted standards of

25  fiscal management.

26         3.  Violation of law.

27         4.  Other good cause shown.

28         (b)  During the term of a charter, the sponsor may

29  terminate the charter for any of the grounds listed in

30  paragraph (a).

31

                                  10

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (c)  At least 90 days prior to renewing or terminating

  2  a charter, the sponsor shall notify the governing body of the

  3  school of the proposed action in writing.  The notice shall

  4  state in reasonable detail the grounds for the proposed action

  5  and stipulate that the school's governing body may, within 14

  6  calendar days after receiving the notice, request an informal

  7  hearing before the sponsor. The sponsor shall conduct the

  8  informal hearing within 30 calendar days after receiving a

  9  written request. The charter school's governing body may,

10  within 14 calendar days after receiving the sponsor's decision

11  to terminate or refuse to renew the charter, appeal the

12  decision pursuant to the procedure established in subsection

13  (4).

14         (d)  A charter may be terminated immediately if the

15  sponsor determines that good cause has been shown or if the

16  health, safety, or welfare of the students is threatened. The

17  school district in which the charter school is located shall

18  assume operation of the school under these circumstances.

19         (e)  When a charter is not renewed or is terminated,

20  the school shall be dissolved under the provisions of law

21  under which the school was organized, and any unencumbered

22  funds from the charter school shall revert to the district

23  school board.  In the event a charter school is dissolved or

24  is otherwise terminated, all district school board property

25  and improvements, furnishings, and equipment purchased with

26  public funds shall automatically revert to full ownership by

27  the district school board, subject to complete satisfaction of

28  any lawful liens or encumbrances.

29         (f)  If a charter is not renewed or is terminated, the

30  governing body of the school is responsible for all debts of

31  the charter school. The district may not assume the debt from

                                  11

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  any contract for services made between the governing body of

  2  the school and a third party, except for a debt that is

  3  previously detailed and agreed upon in writing by both the

  4  district and the governing body of the school and that may not

  5  reasonably be assumed to have been satisfied by the district.

  6         (g)  If a charter is not renewed or is terminated, a

  7  student who attended the school may apply to, and shall be

  8  enrolled in, another public school. Normal application

  9  deadlines shall be disregarded under such circumstances.

10

11         Reviser's note.--Section 3, ch. 2000-306, Laws

12         of Florida, purported to amend s. 228.056, but

13         failed to publish paragraph (10)(d). In the

14         absence of affirmative evidence that the

15         Legislature intended to repeal paragraph

16         (10)(d), subsection (10) is reenacted to

17         confirm that the omission was not intended.

18

19         Section 10.  Paragraph (c) of subsection (2) of section

20  228.082, Florida Statutes, is amended to read:

21         228.082  The Florida On-Line High School.--

22         (2)  The Florida On-Line High School shall be governed

23  by a board of trustees comprised of seven members appointed by

24  the Governor to 4-year staggered terms, one of whom shall be

25  the current chair of the Florida High School Advisory Board

26  and one of whom shall be a representative of the fiscal agent,

27  and one of whom shall be the Chief Information Officer or his

28  designee from the State Technology Office pursuant to ch.

29  2000-164, Laws of Florida. The board shall be a public agency

30  entitled to sovereign immunity pursuant to s. 768.28, and

31  board members shall be public officers who shall bear

                                  12

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  fiduciary responsibility for the Florida On-Line High School.

  2  The board of trustees shall have the following powers and

  3  duties:

  4         (c)  The fiscal year for the Florida On-Line High

  5  School shall be the state fiscal year as provided in s.

  6  216.011(1)(o) 216.011(1)(n).

  7

  8  The Governor shall designate the initial chair of the board of

  9  trustees to serve a term of 4 years. Members of the board of

10  trustees shall serve without compensation, but may be

11  reimbursed for per diem and travel expenses pursuant to s.

12  112.061. The board of trustees shall be a body corporate with

13  all the powers of a body corporate and such authority as is

14  needed for the proper operation and improvement of the Florida

15  On-Line High School. The board of trustees is specifically

16  authorized to adopt rules, policies, and procedures,

17  consistent with law related to governance, personnel, budget

18  and finance, administration, programs, curriculum and

19  instruction, travel and purchasing, technology, students,

20  contracts and grants, and property as necessary for optimal,

21  efficient operation of the Florida On-Line High School.

22  Tangible personal property owned by the board of trustees

23  shall be subject to the provisions of chapter 273.

24

25         Reviser's note.--Amended to conform to the

26         redesignation of s. 216.011(1)(n) as s.

27         216.011(1)(o) by s. 1, ch. 2000-371, Laws of

28         Florida.

29

30         Section 11.  Subsection (5) of section 228.195, Florida

31  Statutes, is amended to read:

                                  13

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         228.195  School food service programs.--

  2         (5)  SCHOOL BREAKFAST PROGRAMS.--

  3         (a)  Each school district shall implement school

  4  breakfast programs in all elementary schools by the beginning

  5  of the 1991-1992 school year. Breakfast programs shall make

  6  breakfast available to all students in kindergarten through

  7  grade 6 in each district school, unless the elementary school

  8  goes only through grade 5, in which case the requirement shall

  9  apply only through grade 5.  Breakfast programs shall be

10  phased in over a 3-year period, beginning July 1, 1989, and

11  ending June 30, 1992.

12         1.  The first phase shall be from July 1, 1989, to June

13  30, 1990. During the first phase, each school district shall

14  develop a 3-year plan for implementing breakfast programs in

15  all elementary schools.

16         2.  The second phase shall be from July 1, 1990, to

17  June 30, 1991. During the second phase, each school district

18  shall implement breakfast programs in elementary schools in

19  which 40 percent of the student population is eligible to be

20  served free and reduced price meals as reported for the second

21  preceding year, to the extent specifically funded in the

22  General Appropriations Act.

23         3.  The third phase shall be from July 1, 1991, to June

24  30, 1992. During the third phase and each year thereafter,

25  Each school district shall implement breakfast programs in all

26  elementary schools in which students are eligible for free and

27  reduced price lunch meals, to the extent specifically funded

28  in the General Appropriations Act.

29

30  The Commissioner of Education may grant a 1-year extension to

31  schools which cannot, for good cause, meet the deadlines

                                  14

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  specified in this paragraph. The commissioner may renew the

  2  extension for 1 additional year.  A school district may

  3  operate a breakfast program providing for food preparation at

  4  the school site or in central locations with distribution to

  5  designated satellite schools or any combination thereof.

  6         (b)1.  The commissioner shall make every reasonable

  7  effort to ensure that any school designated a "severe need

  8  school" receives the highest rate of reimbursement to which it

  9  is entitled pursuant to 42 U.S.C. s. 1773 for each free and

10  reduced price breakfast served.

11         2.  From July 1, 1989, to June 30, 1990, the Department

12  of Education shall award a one-time incentive grant, in the

13  amount specified in the General Appropriations Act, to each

14  school district for each elementary school which implements a

15  new breakfast program between April 1, 1989, and February 28,

16  1990. To be eligible for an incentive grant, a school shall

17  not have submitted a breakfast reimbursement claim within the

18  2 previous school years and shall have served breakfast after

19  March 31, 1989, but prior to February 28, 1990, and thereby

20  submitted breakfast reimbursement claims during the specified

21  months of service, April through February.  The total amount

22  of these incentive grants shall not exceed $200,000.  The

23  Department of Education shall calculate and distribute a

24  school district breakfast supplement for the 1990-1991 school

25  year and each school year thereafter.  The breakfast

26  supplement shall be calculated by multiplying the state

27  breakfast rate as specified in the General Appropriations Act

28  by the number of free and reduced price breakfast meals

29  served.

30         3.  Beginning with the 1990-1991 fiscal year, The

31  Legislature shall provide sufficient funds in the General

                                  15

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Appropriations Act to reimburse participating school districts

  2  for the difference between the average federal reimbursement

  3  for free and reduced price breakfasts and the average

  4  statewide cost for breakfasts.

  5

  6         Reviser's note.--Amended to delete obsolete

  7         provisions.

  8

  9         Section 12.  Paragraph (a) of subsection (6) of section

10  229.006, Florida Statutes, is amended to read:

11         229.006  Education Governance Reorganization Transition

12  Task Force.--

13         (6)  By March 1, 2003, the transition task force shall

14  recommend to the Legislature:

15         (a)  Statutory changes necessary to accomplish the

16  policies and guiding principles of s. 229.002, including, but

17  not limited to, statutory changes necessitated by the repeal

18  and review provisions of s. 3(7), ch. 2000-321, Laws of

19  Florida subsection 3(8) of this act.

20

21         Reviser's note.--Amended to correct an apparent

22         error and facilitate correct interpretation.

23         The referenced provision does not exist, and s.

24         3(7), ch. 2000-321, Laws of Florida, provides

25         for repeal and review of numerous statutory

26         provisions relating to education.

27

28         Section 13.  Subsection (2) of section 229.085, Florida

29  Statutes, is amended to read:

30         229.085  Custody of educational funds.--

31

                                  16

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (2)  There is created in the Department of Education

  2  the Projects, Contracts, and Grants Trust Fund.  If, in

  3  executing the terms of such grants or contracts for specific

  4  projects, the employment of personnel shall be required, such

  5  personnel shall not be subject to the requirements of s.

  6  216.262(1)(a).  The personnel employed to plan and administer

  7  such projects shall be considered in time-limited employment

  8  not to exceed the duration of the grant or until completion of

  9  the project, whichever first occurs.  Such employees shall not

10  acquire retention rights under the Career Service System, the

11  provisions of s. 110.051(1) to the contrary notwithstanding.

12  Any employee holding permanent career service status in a

13  Department of Education position who is appointed to a

14  position under the Projects, Contracts, and Grants Trust Fund

15  shall retain such permanent status in the career service

16  position.

17

18         Reviser's note.--Amended to conform to the

19         repeal of s. 110.051 by s. 42, ch. 79-190, Laws

20         of Florida.

21

22         Section 14.  Paragraph (a) of subsection (8) of section

23  229.57, Florida Statutes, is amended to read:

24         229.57  Student assessment program.--

25         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

26  CATEGORIES.--School performance grade category designations

27  itemized in subsection (7) shall be based on the following:

28         (a)  Timeframes.--

29         1.  School performance grade category designations

30  shall be based on one school year of performance.

31

                                  17

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         2.  In school years 1998-1999 and 1999-2000, a school's

  2  performance grade category designation shall be determined by

  3  the student achievement levels on the FCAT, and on other

  4  appropriate performance data, including, but not limited to,

  5  attendance, dropout rate, school discipline data, and student

  6  readiness for college, in accordance with state board rule.

  7         2.3.  In the 2000-2001 school year, a school's

  8  performance grade category designation shall be based on a

  9  combination of student achievement scores as measured by the

10  FCAT, on the degree of measured learning gains of the

11  students, and on other appropriate performance data,

12  including, but not limited to, dropout rate and student

13  readiness for college.

14         3.4.  Beginning with the 2001-2002 school year and

15  thereafter, a school's performance grade category designation

16  shall be based on student learning gains as measured by annual

17  FCAT assessments in grades 3 through 10, and on other

18  appropriate performance data, including, but not limited to,

19  dropout rate, cohort graduation rate, and student readiness

20  for college.

21

22  The Department of Education shall study the effects of

23  mobility on the performance of highly mobile students and

24  recommend programs to improve the performance of such

25  students. The state board shall adopt appropriate criteria for

26  each school performance grade category. The criteria must also

27  give added weight to student achievement in reading. Schools

28  designated as performance grade category "C," making

29  satisfactory progress, shall be required to demonstrate that

30  adequate progress has been made by students who have scored

31

                                  18

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  among the lowest 25 percent of students in the state as well

  2  as by the overall population of students in the school.

  3

  4         Reviser's note.--Amended to delete provisions

  5         that have served their purpose.

  6

  7         Section 15.  Subsection (2) of section 230.23025,

  8  Florida Statutes, is reenacted to read:

  9         230.23025  Best financial management practices;

10  standards; reviews; designation of districts.--

11         (2)  School districts may, by a unanimous vote of the

12  membership of the school board, apply to OPPAGA for a complete

13  best financial management practice review or a review of

14  components of the best financial management practices,

15  including management, personnel, transportation, and food and

16  nutrition services. OPPAGA shall prioritize districts for

17  review based on their growth rates and demonstrated need for

18  review. The director of OPPAGA may, at his or her discretion,

19  contract with private consultants to perform part or all of

20  the review of any district. Districts applying for a complete

21  review shall contribute 50 percent of review costs, unless

22  funding for the entire cost of the review is specifically

23  provided by the Legislature. Districts applying for a review

24  of a component shall contribute 75 percent of the review cost.

25  All moneys contributed by any school district under this

26  section toward the cost of a complete or component best

27  financial management practices review of the district shall be

28  deposited into the Florida School District Review Trust Fund

29  administered by OPPAGA.

30

31

                                  19

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Section 4, ch. 98-225, Laws of

  2         Florida, amended subsection (2), but failed to

  3         incorporate amendments to the subsection by s.

  4         22, ch. 97-384, Laws of Florida. In the absence

  5         of affirmative evidence that the Legislature

  6         intended to repeal the amendments by s. 22, ch.

  7         97-384, subsection (2), including those

  8         amendments, is reenacted to confirm that the

  9         omission was not intended.

10

11         Section 16.  Subsection (4) of section 231.262, Florida

12  Statutes, is amended to read:

13         231.262  Complaints against teachers and

14  administrators; procedure; penalties.--

15         (4)  The complaint and all information obtained

16  pursuant to the investigation by the department shall be

17  confidential and exempt from the provisions of s. 119.07(1)

18  until the conclusion of the preliminary investigation of the

19  complaint, until such time as the preliminary investigation

20  ceases to be active, or until such time as otherwise provided

21  by s. 231.263(6). However, the complaint and all material

22  assembled during the investigation may be inspected and copied

23  by the certificateholder under investigation, or the

24  certificateholder's designee, after the investigation is

25  concluded, but prior to the determination of probable cause by

26  the commissioner. If the preliminary investigation is

27  concluded with the finding that there is no probable cause to

28  proceed, the complaint and information shall be open

29  thereafter to inspection pursuant to s. 119.07(1). If the

30  preliminary investigation is concluded with the finding that

31  there is probable cause to proceed and a complaint is filed

                                  20

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  pursuant to subsection (5), the complaint and information

  2  shall be open thereafter to inspection pursuant to s.

  3  119.07(1) 119.97(1). If the preliminary investigation ceases

  4  to be active, the complaint and all such material shall be

  5  open thereafter to inspection pursuant to s. 119.07(1), except

  6  as otherwise provided pursuant to s. 231.263(6) 231.263(6)(d).

  7  For the purpose of this subsection, a preliminary

  8  investigation shall be considered active as long as it is

  9  continuing with a reasonable, good faith anticipation that an

10  administrative finding will be made in the foreseeable future.

11

12         Reviser's note.--Amended to provide contextual

13         consistency. There is no s. 119.97(1); s.

14         119.07(1) relates to inspection of records. The

15         reference to s. 231.263(6)(d) is incorrect; it

16         does not exist.

17

18         Section 17.  Section 231.600, Florida Statutes, is

19  reenacted to read:

20         231.600  School Community Professional Development

21  Act.--

22         (1)  The Department of Education, public community

23  colleges and universities, public school districts, and public

24  schools in this state shall collaborate to establish a

25  coordinated system of professional development. The purpose of

26  the professional development system is to enable the school

27  community to meet state and local student achievement

28  standards and the state education goals and to succeed in

29  school improvement as described in s. 229.591.

30         (2)  The school community includes administrative

31  personnel, managers, instructional personnel, support

                                  21

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  personnel, members of district school boards, members of

  2  school advisory councils, parents, business partners, and

  3  personnel that provide health and social services to school

  4  children.  School districts may identify and include

  5  additional members of the school community in the professional

  6  development activities required by this section.

  7         (3)  The activities designed to implement this section

  8  must:

  9         (a)  Increase the success of educators in guiding

10  student learning and development so as to implement state and

11  local educational standards, goals, and initiatives;

12         (b)  Assist the school community in providing

13  stimulating educational activities that encourage and motivate

14  students to achieve at the highest levels and to become active

15  learners; and

16         (c)  Provide continuous support for all education

17  professionals as well as temporary intervention for education

18  professionals who need improvement in knowledge, skills, and

19  performance.

20         (4)  The Department of Education, school districts,

21  schools, and public colleges and universities share the

22  responsibilities described in this section.  These

23  responsibilities include the following:

24         (a)  The department shall develop and disseminate to

25  the school community model professional development methods

26  and programs that have demonstrated success in meeting

27  identified student needs.  The Commissioner of Education shall

28  use data on student achievement to identify student needs. The

29  methods of dissemination must include a statewide performance

30  support system, a database of exemplary professional

31  development activities, a listing of available professional

                                  22

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  development resources, training programs, and technical

  2  assistance.

  3         (b)  Each school district shall develop a professional

  4  development system. The system shall be developed in

  5  consultation with teachers and representatives of college and

  6  university faculty, community agencies, and other interested

  7  citizen groups to establish policy and procedures to guide the

  8  operation of the district professional development program.

  9  The professional development system must:

10         1.  Be approved by the department. All substantial

11  revisions to the system shall be submitted to the department

12  for review for continued approval.

13         2.  Require the use of student achievement data; school

14  discipline data; school environment surveys; assessments of

15  parental satisfaction; performance appraisal data of teachers,

16  managers, and administrative personnel; and other performance

17  indicators to identify school and student needs that can be

18  met by improved professional performance.

19         3.  Provide inservice activities coupled with followup

20  support that are appropriate to accomplish district-level and

21  school-level improvement goals and standards. The inservice

22  activities for instructional personnel shall primarily focus

23  on subject content and teaching methods, including technology,

24  as related to the Sunshine State Standards, assessment and

25  data analysis, classroom management, and school safety.

26         4.  Include a master plan for inservice activities,

27  pursuant to rules of the State Board of Education, for all

28  district employees from all fund sources. The master plan

29  shall be updated annually by September 1 using criteria for

30  continued approval as specified by rules of the State Board of

31  Education. Written verification that the inservice plan meets

                                  23

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  all requirements of this section must be submitted annually to

  2  the commissioner by October 1.

  3         5.  Require each school principal to establish and

  4  maintain an individual professional development plan for each

  5  instructional employee assigned to the school. The individual

  6  professional development plan must:

  7         a.  Be related to specific performance data for the

  8  students to whom the teacher is assigned.

  9         b.  Define the inservice objectives and specific

10  measurable improvements expected in student performance as a

11  result of the inservice activity.

12         c.  Include an evaluation component that determines the

13  effectiveness of the professional development plan.

14         6.  Include inservice activities for school

15  administrative personnel that address updated skills necessary

16  for effective school management and instructional leadership.

17         7.  Provide for systematic consultation with regional

18  and state personnel designated to provide technical assistance

19  and evaluation of local professional development programs.

20         8.  Provide for delivery of professional development by

21  distance learning and other technology-based delivery systems

22  to reach more educators at lower costs.

23         9.  Provide for the continuous evaluation of the

24  quality and effectiveness of professional development programs

25  in order to eliminate ineffective programs and strategies and

26  to expand effective ones. Evaluations must consider the impact

27  of such activities on the performance of participating

28  educators and their students' achievement and behavior.

29         (c)  Each public community college and university shall

30  assist the department, school districts, and schools in the

31  design, delivery, and evaluation of professional development

                                  24

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  activities. This assistance must include active participation

  2  in state and local activities required by the professional

  3  development system.

  4         (5)(a)  The Department of Education shall provide a

  5  system for the recruitment, preparation, and professional

  6  development of school administrative personnel. This system

  7  shall:

  8         1.  Identify the knowledge, competencies, and skills

  9  necessary for effective school management and instructional

10  leadership that align with student performance standards and

11  accountability measures.

12         2.  Include performance evaluation methods.

13         3.  Provide for alternate means for preparation of

14  school administrative personnel which may include programs

15  designed by school districts and institutions of higher

16  education pursuant to guidelines developed by the

17  commissioner. Such preparation programs shall be approved by

18  the Department of Education.

19         4.  Provide for the hiring of qualified out-of-state

20  school administrative personnel.

21         5.  Provide advanced educational opportunities for

22  school-based instructional leaders.

23         (b)  The Commissioner of Education shall appoint a task

24  force that includes a school district superintendent, a

25  district school board member, a principal, an assistant

26  principal, a teacher, a dean of a college of education, and

27  parents. The task force shall convene periodically to provide

28  recommendations to the department in the areas of recruitment,

29  certification, preparation, professional development, and

30  evaluation of school administrators.

31

                                  25

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (6)  Each district school board shall provide funding

  2  for the professional development system as required by s.

  3  236.081 and the General Appropriations Act, and shall direct

  4  expenditures from other funding sources to strengthen the

  5  system and make it uniform and coherent.  A school district

  6  may coordinate its professional development program with that

  7  of another district, with an educational consortium, or with a

  8  college or university, especially in preparing and educating

  9  personnel. Each district school board shall make available

10  inservice activities to instructional personnel of nonpublic

11  schools in the district and the state certified teachers who

12  are not employed by the district school board on a fee basis

13  not to exceed the cost of the activity per all participants.

14         (7)  An organization of nonpublic schools which has no

15  fewer than 10 member schools in this state, which publishes

16  and files with the Department of Education copies of its

17  standards, and the member schools of which comply with the

18  provisions of chapter 232, relating to compulsory school

19  attendance, may also develop a professional development system

20  that includes a master plan for inservice activities. The

21  system and inservice plan must be submitted to the

22  commissioner for approval pursuant to rules of the State Board

23  of Education.

24         (8)  The Department of Education shall design methods

25  by which the state and district school boards may evaluate and

26  improve the professional development system.  The evaluation

27  must include an annual assessment of data that indicate

28  progress or lack of progress of all students. If the review of

29  the data indicates progress, the department shall identify the

30  best practices that attributed to the progress. If the review

31  of the data indicates a lack of progress, the department shall

                                  26

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  investigate the causes of the lack of progress, provide

  2  technical assistance, and require the school district to

  3  employ a different approach to professional development. The

  4  department shall report annually to the State Board of

  5  Education and the Legislature any school district that, in the

  6  determination of the department, has failed to provide an

  7  adequate professional development system.  This report must

  8  include the results of the department's investigation and of

  9  any intervention provided.

10         (9)  The State Board of Education may adopt rules

11  pursuant to ss. 120.536(1) and 120.54 to administer this

12  section.

13         (10)  This section does not limit or discourage a

14  district school board from contracting with independent

15  entities for professional development services and inservice

16  education if the district school board believes that, through

17  such a contract, a better product can be acquired or its goals

18  for education improvement can be better met.

19         (11)  For teachers, managers, and administrative

20  personnel who have been evaluated as less than satisfactory, a

21  district school board shall require participation in specific

22  professional development programs as part of the improvement

23  prescription.

24

25         Reviser's note.--Reenacted to confirm the

26         existence of s. 231.600, which was repealed

27         October 1, 1995, by s. 21, ch. 85-238, Laws of

28         Florida, but prior to that date was

29         substantially reworded by s. 1, ch. 95-236,

30         Laws of Florida, effective June 9, 1995;

31         further amended by s. 10, ch. 98-281, Laws of

                                  27

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Florida; s. 60, ch. 99-398, Laws of Florida;

  2         and s. 48, ch. 2000-301, Laws of Florida.

  3

  4         Section 18.  Subsection (1) of section 231.6215,

  5  Florida Statutes, is amended to read:

  6         231.6215  Student Fellowship Program.--

  7         (1)  The Student Fellowship Program is created to

  8  provide 2-year scholarship loans of $6,500 per year to

  9  students who are residents of this state and who are rising

10  juniors at a state community college, state university, or

11  independent postsecondary education institution that is

12  eligible to participate in the William L. Boyd, IV, Florida

13  Resident Access Grant Program Florida Resident Access Grant or

14  to education paraprofessional learning guides, as defined in

15  s. 231.700(3), who are pursuing a bachelor's degree in order

16  to become an associate teacher, as defined in s. 231.700(3).

17

18         Reviser's note.--Amended to conform to the

19         title of the program as provided in s. 240.605.

20

21         Section 19.  Section 232.50, Florida Statutes, is

22  amended to read:

23         232.50  Child abuse, abandonment, and neglect

24  policy.--Every school board shall by March 1, 1985:

25         (1)  Post in a prominent place in each school a notice

26  that, pursuant to chapter 39, all employees or agents of the

27  district school board have an affirmative duty to report all

28  actual or suspected cases of child abuse, abandonment, or

29  neglect, have immunity from liability if they report such

30  cases in good faith, and have a duty to comply with child

31  protective investigations and all other provisions of law

                                  28

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  relating to child abuse, abandonment, and neglect.  The notice

  2  shall also include the statewide toll-free telephone number of

  3  the central abuse hotline.

  4         (2)  Provide that the superintendent, or the

  5  superintendent's designee, at the request of the Department of

  6  Children and Family Services, will act as a liaison to the

  7  Department of Children and Family Services and the child

  8  protection team, as defined in s. 39.01, when in a case of

  9  suspected child abuse, abandonment, or neglect or an unlawful

10  sexual offense involving a child the case is referred to such

11  a team; except that this subsection may in no instance be

12  construed as relieving or restricting the Department of

13  Children and Family Services from discharging its duty and

14  responsibility under the law to investigate and report every

15  suspected or actual case of child abuse, abandonment, or

16  neglect or unlawful sexual offense involving a child.

17

18  Each district school board shall comply with the provisions of

19  this section, and such board shall notify the Department of

20  Education and the Department of Children and Family Services

21  of its compliance by March 1, 1985.

22

23         Reviser's note.--Amended to delete provisions

24         that have served their purpose.

25

26         Section 20.  Section 233.0655, Florida Statutes, is

27  amended to read:

28         233.0655  Patriotic programs; rules.--Each district

29  school board is authorized to adopt rules to require, in all

30  of the schools of the district, programs of a patriotic nature

31  to encourage greater respect for the government of the United

                                  29

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  States and its national anthem and flag, subject always to

  2  other existing pertinent laws of the United States or of the

  3  state; provided, that when the national anthem is played,

  4  students and all civilians shall stand at attention, men

  5  removing the headdress, except when such headdress is worn for

  6  religious purposes; and provided, further, that the pledge of

  7  allegiance to the flag, "I pledge allegiance to the flag of

  8  the United States of America and to the republic for which it

  9  stands, one nation under God, indivisible, with liberty and

10  justice for all," shall be rendered by students standing with

11  the right hand over the heart. The pledge of allegiance to the

12  flag, as stated herein, shall be recited at the beginning of

13  the day in each elementary and secondary public school in the

14  state. Each student shall be informed by posting a notice in a

15  conspicuous place that the student has the right not to

16  participate in reciting the pledge. Upon written request by

17  his or her parent or guardian, the student must be excused

18  from reciting the pledge. When the pledge is given, civilians

19  must show full respect to the flag by standing at attention,

20  men removing the headdress, except when such headdress is worn

21  for religious purposes, as provided by Pub. L. ch. 77-435 No.

22  623, s. 7, approved June 22, 1942, 56 Stat. 377, as amended by

23  Pub. L. ch. 77-806 No. 829, 56 Stat. 1074, approved December

24  22, 1942.

25

26         Reviser's note.--Amended to conform to the

27         correct citations to the referenced material.

28

29         Section 21.  Paragraph (a) of subsection (2) of section

30  233.068, Florida Statutes, is amended to read:

31         233.068  Job-related vocational instruction.--

                                  30

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (2)  OPEN-ENTRY PROGRAMS IN CAREER DEVELOPMENT AND

  2  APPLIED TECHNOLOGY.--By the 1998-1999 school year, up to 30

  3  school districts may establish programs in which students who

  4  have differing abilities and career plans may pursue an

  5  education that develops academic and vocational skills

  6  required by specified related occupations.  Each program must:

  7         (a)  Be self-contained and provide sufficient courses

  8  for a student in each occupational training level to earn a

  9  high school diploma as provided in s. ss. 232.246 and 232.2467

10  and provide free transportation for students to and from their

11  residences.  A program may be called a school, but need not

12  have a separate campus.  If a program has a separate campus or

13  is a school within a school, it may agree with another school

14  to allow the students to participate in extracurricular

15  activities.

16

17         Reviser's note.--Amended to conform to the

18         repeal of s. 232.2467 by s. 68, ch. 92-136,

19         Laws of Florida.

20

21         Section 22.  Effective July 1, 2001, subsection (3) of

22  section 235.26, Florida Statutes, as amended by s. 11, ch.

23  2000-141, Laws of Florida, is amended to read:

24         235.26  State uniform building code for public

25  educational facilities construction.--

26         (3)  ENFORCEMENT BY BOARD.--It is the responsibility of

27  each district school board and community college district

28  board of trustees to ensure that all plans and educational and

29  ancillary plants meet the standards of the Florida Building

30  Code and the Florida Fire Prevention Code and to provide for

31  the enforcement of these codes in the areas of its

                                  31

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  jurisdiction. Each board shall provide for the proper

  2  supervision and inspection of the work.  Each board may employ

  3  a chief building official or inspector and such other

  4  inspectors, who have been certified pursuant to chapter 468,

  5  and such personnel as are necessary to administer and enforce

  6  the provisions of this code. Boards may also utilize local

  7  building department inspectors who are certified by the

  8  department to enforce this code. Plans or facilities that fail

  9  to meet the standards of the Florida Building Code or the

10  Florida Fire Prevention Code may not be approved. When

11  planning for and constructing an educational, auxiliary, or

12  ancillary facility, a district school board must use

13  construction materials and systems that meet standards adopted

14  pursuant to subparagraphs (1)(e)3. and 4. subparagraph

15  (2)(f)5. If the planned or actual construction of a facility

16  deviates from the adopted standards, the district school board

17  must, at a public hearing, quantify and compare the costs of

18  constructing the facility with the proposed deviations and in

19  compliance with the adopted standards and the Florida Building

20  Code. The board must explain the reason for the proposed

21  deviations and compare how the total construction costs and

22  projected life-cycle costs of the facility or component system

23  of the facility would be affected by implementing the proposed

24  deviations rather than using materials and systems that meet

25  the adopted standards. The provisions of this subsection do

26  apply to educational, auxiliary, and ancillary facility

27  projects commenced on or after July 1, 1999.

28

29         Reviser's note.--Amended to improve clarity and

30         facilitate correct interpretation. Subparagraph

31         (2)(f)5. was repealed by s. 11, ch. 2000-141,

                                  32

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Laws of Florida, and the language relating to

  2         standards now appears at subparagraphs (1)(e)3.

  3         and 4.

  4

  5         Section 23.  Subsection (4) of section 236.1225,

  6  Florida Statutes, is amended to read:

  7         236.1225  Gifted education exemplary program grants.--

  8         (4)  The commissioner shall review and approve,

  9  disapprove, or resubmit for modification all proposed programs

10  for education for the gifted submitted.  For those programs

11  approved, the commissioner shall authorize distribution of

12  funds equal to the cost of the program from funds appropriated

13  to the Department of Education for exemplary program grants

14  for education for the gifted as provided for by this act.

15  These funds shall be in addition to any funds for education

16  for the gifted provided pursuant to ss. 236.025 and 236.081 s.

17  236.081(1)(c).

18

19         Reviser's note.--Amended to improve clarity and

20         facilitate correct interpretation. Section

21         236.081(1)(c) does not refer to education for

22         the gifted; exceptional education funding is

23         covered in ss. 236.025 and 236.081.

24

25         Section 24.  Subparagraphs 1.-3. of paragraph (b) of

26  subsection (5) of section 236.25, Florida Statutes, are

27  repealed.

28

29         Reviser's note.--The cited subparagraphs relate

30         to school district spending for fiscal years

31         1997-1998 through 1999-2000.

                                  33

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Section 25.  Subsection (2) of section 240.145, Florida

  2  Statutes, is amended to read:

  3         240.145  Postsecondary Education Planning Commission.--

  4         (2)  The commission shall be composed of 11 members of

  5  the general public and one full-time student representing the

  6  postsecondary education system of the state.  Each member

  7  shall be appointed by the Governor, approved by three members

  8  of the State Board of Education other than the Governor, and

  9  confirmed by the Senate.  Members shall serve staggered 4-year

10  terms, except for the full-time student member, who shall

11  serve for 1 year; however, of the initial nonstudent

12  appointees, two shall hold 1-year terms, three shall hold

13  2-year terms, three shall hold 3-year terms, and three shall

14  hold 4-year terms.  The student member shall be selected

15  annually with the qualification that he or she be a registered

16  full-time student at a postsecondary educational institution

17  as defined in chapter 230, relating to public area technical

18  centers; in this chapter, relating to public community

19  colleges and universities; or in chapter 246, relating to

20  nonpublic colleges, universities, and vocational schools.  The

21  members of the commission shall elect a chair annually.  The

22  Governor shall fill all vacancies, subject to approval and

23  confirmation, that may at any time occur on the commission.

24

25         Reviser's note.--Amended to delete provisions

26         that have served their purpose.

27

28         Section 26.  Subsection (1) of section 240.2995,

29  Florida Statutes, is amended to read:

30         240.2995  University health services support

31  organizations.--

                                  34

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (1)  Each state university is authorized to establish

  2  university health services support organizations which shall

  3  have the ability to enter into, for the benefit of the

  4  university academic health sciences center, and arrangements

  5  with other entities as providers in other integrated health

  6  care systems or similar entities.  To the extent required by

  7  law or rule, university health services support organizations

  8  shall become licensed as insurance companies, pursuant to

  9  chapter 624, or be certified as health maintenance

10  organizations, pursuant to chapter 641.  University health

11  services support organizations shall have sole responsibility

12  for the acts, debts, liabilities, and obligations of the

13  organization.  In no case shall the state or university have

14  any responsibility for such acts, debts, liabilities, and

15  obligations incurred or assumed by university health services

16  support organizations.

17

18         Reviser's note.--Amended to improve clarity.

19

20         Section 27.  Subsection (5) of section 240.3335,

21  Florida Statutes, is amended to read:

22         240.3335  Centers of technology innovation.--

23         (5)  The State Board of Community Colleges shall give

24  priority in the designation of centers to those community

25  colleges that specialize in technology in environmental areas

26  and in areas related to target industries of the Department of

27  Commerce or Enterprise Florida. Priority in designation shall

28  also be given to community colleges that develop new and

29  improved manufacturing techniques and related business

30  practices.

31

                                  35

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 20.17, which created the

  3         Department of Commerce, by ch. 96-320, Laws of

  4         Florida.

  5

  6         Section 28.  Paragraph (b) of subsection (2) of section

  7  240.345, Florida Statutes, is amended to read:

  8         240.345  Financial support of community colleges.--

  9         (2)  STUDENT FEES.--

10         (b)  The State Board of Community Colleges shall adopt

11  rules permitting the deferral of registration and tuition fees

12  for those students who receive financial aid from federal or

13  state assistance programs when such aid is delayed in being

14  transmitted to the student through circumstances beyond the

15  control of the student.  The failure to make timely

16  application for such aid is insufficient reason to receive

17  such deferral.

18         1.  A veteran or other eligible student who receives

19  benefits under chapter 30, chapter 31, chapter 32, chapter 34,

20  or chapter 35, 38 U.S.C., or chapter 106, 10 U.S.C., is

21  entitled to one deferment each academic year and an additional

22  deferment each time there is a delay in the receipt of his or

23  her benefits.

24         2.  Each community college shall be responsible for

25  collecting all deferred fees.  If a community college has not

26  collected a deferred fee, the student shall not earn full-time

27  equivalent student enrollment for any course for which the

28  student subsequently registers until the fee has been paid.

29         3.  In adopting such rules, the State Board of

30  Community Colleges is required to enforce the collection of or

31  otherwise settle delinquent accounts.

                                  36

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         4.  The State Board of Education shall require that

  2  each institution within the community college system withdraw

  3  all requests for course approval from the United States

  4  Department of Veterans Affairs Veterans Administration for

  5  education programs offered in correctional facilities which

  6  are provided through state funding at no cost to the inmate.

  7

  8         Reviser's note.--Amended to conform to the

  9         redesignation of the United States Veterans'

10         Administration as the United States Department

11         of Veterans Affairs by s. 2, Pub. L. No.

12         100-527.

13

14         Section 29.  Subsections (1) and (2) of section

15  240.40208, Florida Statutes, are amended to read:

16         240.40208  Eligibility for the Florida Bright Futures

17  Scholarship Program; transition.--

18         (1)  A student who graduates from high school in 1997

19  or earlier and who is eligible for the Florida Undergraduate

20  Scholar's Program pursuant to former s. 240.402 is eligible

21  for the Florida Academic Scholars award as provided in this

22  act. A student who graduates from high school in 1998 or 1999

23  is eligible for the Florida Academic Scholars award if the

24  student meets the criteria in s. 240.40205. However, in lieu

25  of satisfying the requirements set forth in s. 240.40205(1)(a)

26  and (b), a student may meet the following criteria:

27         (a)  Complete a program of at least 24 credits in

28  advanced-level studies as prescribed by the State Board of

29  Education, including as a minimum:

30

31

                                  37

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         1.  Four years of progressively advanced instruction in

  2  language arts, including courses in English composition and

  3  literature.

  4         2.  Four years of progressively advanced instruction in

  5  science, including laboratory courses in biology, chemistry,

  6  and physics where laboratory facilities are available.

  7         3.  Four years of progressively advanced instruction in

  8  mathematics, including courses in algebra, geometry, and

  9  calculus or trigonometry.

10         4.  Two years of sequential foreign language.

11         5.  One year of instruction in art and music or in

12  either art or music.

13         6.  Three years of instruction in social studies,

14  including courses in American history and government, world

15  history, and comparative political and economic systems.

16         7.  One year of instruction in health and physical

17  education to include assessment, improvement, and maintenance

18  of personal fitness.

19         (b)  Obtain at least the equivalent of an unweighted

20  grade point average of 3.0 on a 4.0 scale for all courses

21  taken for which high school credit may be granted.

22         (c)  Achieve a score of 1180 on the combined verbal and

23  quantitative parts of the Scholastic Aptitude Test, the

24  Scholastic Assessment Test, or the recentered Scholastic

25  Assessment Test of the College Entrance Examination, or an

26  equivalent score on the American College Testing Program or an

27  equivalent program.

28         (d)  Complete a program of community service work, as

29  approved by the district school board or the administrators of

30  a nonpublic school, which shall include a minimum of 75 hours

31  of service work and require the student to identify a social

                                  38

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  problem that interests him or her, develop a plan for his or

  2  her personal involvement in addressing the problem, and,

  3  through papers or other presentations, evaluate and reflect

  4  upon his or her experience.

  5

  6  Students who graduate from high school after 1999 must meet

  7  the eligibility criteria pursuant to s. 240.40205.

  8         (2)  A student who graduates from high school in 1997

  9  or earlier and who is eligible for the Florida Vocational Gold

10  Seal Endorsement Scholarship award pursuant to former s.

11  240.4021 is eligible for the Florida Gold Seal Vocational

12  Scholars award as provided in this act. A student who

13  graduates from high school in 1998 or 1999 is eligible for the

14  Florida Gold Seal Vocational Scholars award if the student

15  meets the criteria in s. 240.40207. However, in lieu of

16  satisfying the grade point average requirement set forth in s.

17  240.40207(1)(c), a student may earn a minimum cumulative

18  unweighted grade point average of 3.0 on a 4.0 scale on all

19  subjects required for a standard high school diploma. Students

20  who graduate from high school after 1999 must meet the

21  eligibility criteria pursuant to s. 240.40207.

22

23         Reviser's note.--Amended to conform to the

24         repeal of ss. 240.402 and 240.4021 by s. 11,

25         ch. 97-77, Laws of Florida.

26

27         Section 30.  Subsection (4) of section 240.5285,

28  Florida Statutes, is amended to read:

29         240.5285  Florida Atlantic University campuses.--

30         (4)  The Postsecondary Education Planning Commission

31  and the Board of Regents, as a function of each board's

                                  39

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  comprehensive master planning process, shall continue to

  2  evaluate the need for undergraduate programs in Broward County

  3  and shall assess the extent to which existing postsecondary

  4  programs are addressing those needs.  One section of the Board

  5  of Regents' 5-year Master Plan for 1993-1998 shall address and

  6  make recommendations concerning the establishment of a 4-year

  7  public university in Broward County. The board's plan shall

  8  include the effectiveness of branch campus operation,

  9  including operating and capital budget and a description of

10  programmatic and administrative relationships with public and

11  private institutions in the area. Before January 1, 1993, the

12  Legislature shall review that section of the master plan and,

13  by July 1, 1993, shall make recommendations for implementing

14  that section.

15

16         Reviser's note.--Amended to delete obsolete

17         language relating to the Board of Regents'

18         5-year Master Plan for 1993-1998.

19

20         Section 31.  Paragraph (d) of subsection (5) of section

21  240.529, Florida Statutes, is amended to read:

22         240.529  Public accountability and state approval for

23  teacher preparation programs.--

24         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

25  instructors, school district personnel and instructional

26  personnel, and school sites preparing instructional personnel

27  through preservice field experience courses and internships

28  shall meet special requirements.

29         (d)  Postsecondary teacher preparation programs in

30  cooperation with district school boards and approved nonpublic

31  school associations shall select the school sites for

                                  40

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  preservice field experience activities. These sites must

  2  represent the full spectrum of school communities, including,

  3  but not limited to, schools located in urban settings. In

  4  order to be selected, school sites must demonstrate commitment

  5  to the education of public school students and to the

  6  preparation of future teachers. A nonpublic school

  7  association, in order to be approved, must have a

  8  state-approved master inservice program plan in accordance

  9  with s. 236.0811.

10

11         Reviser's note.--Amended to conform to the

12         repeal of s. 236.0811 by s. 62, ch. 2000-301,

13         Laws of Florida.

14

15         Section 32.  Paragraph (c) of subsection (2) of section

16  240.711, Florida Statutes, is amended to read:

17         240.711  Ringling Center for Cultural Arts.--

18         (2)

19         (c)  The John and Mable Ringling Museum of Art

20  direct-support organization, operating under the charter and

21  bylaws and such contracts as are approved by the university,

22  shall set policies to maintain and preserve the collections of

23  the Art Museum; the Circus Museum; the furnishings and objects

24  in the Ringling home, referred to as the Ca' d'Zan; and other

25  objects of art and artifacts in the custody of the museum.

26  Title to all such collections, art objects, and artifacts of

27  the museums and its facilities shall remain with the Florida

28  State University, which shall assign state registration

29  numbers to, and conduct annual inventories of, all such

30  properties. The direct-support organization shall develop

31  policy for the museum, subject to the provisions of the John

                                  41

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Ringling will and the overall direction of the president of

  2  the university; and it is invested with power and authority to

  3  nominate a museum director who is appointed by and serves at

  4  the pleasure of the president of the university and shall

  5  report to the provost of the university or his or her

  6  designee. The museum director, with the approval of the

  7  provost or his or her designee, shall appoint other employees

  8  in accordance with Florida Statutes and rules; remove the same

  9  in accordance with Florida Statutes and rules; provide for the

10  proper keeping of accounts and records and budgeting of funds;

11  enter into contracts for professional programs of the museum

12  and for the support and maintenance of the museum; secure

13  public liability insurance; and do and perform every other

14  matter or thing requisite to the proper management,

15  maintenance, support, and control of the museum at the highest

16  efficiency economically possible, while taking into

17  consideration the purposes of the museum.

18

19         Reviser's note.--Amended to improve clarity and

20         correct sentence construction.

21

22         Section 33.  Paragraph (d) of subsection (1) and

23  subsection (2) of section 252.32, Florida Statutes, are

24  amended to read:

25         252.32  Policy and purpose.--

26         (1)  Because of the existing and continuing possibility

27  of the occurrence of emergencies and disasters resulting from

28  natural, technological, or manmade causes; in order to ensure

29  that preparations of this state will be adequate to deal with,

30  reduce vulnerability to, and recover from such emergencies and

31  disasters; to provide for the common defense and to protect

                                  42

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  the public peace, health, and safety; and to preserve the

  2  lives and property of the people of the state, it is hereby

  3  found and declared to be necessary:

  4         (d)  To authorize the establishment of such

  5  organizations and the development and employment of such

  6  measures as are necessary and appropriate to carry out the

  7  provisions of ss. 252.31-252.90 252.31-252.91.

  8         (2)  It is further declared to be the purpose of ss.

  9  252.31-252.90 252.31-252.91 and the policy of the state that

10  all emergency management functions of the state be coordinated

11  to the maximum extent with comparable functions of the Federal

12  Government, including its various departments, agencies of

13  other states and localities, and private agencies of every

14  type, to the end that the most effective preparation and use

15  may be made of the workforce, resources, and facilities of the

16  nation for dealing with any emergency that may occur.

17

18         Reviser's note.--Amended to conform to the

19         repeal of s. 252.91 by s. 39, ch. 2000-158,

20         Laws of Florida.

21

22         Section 34.  Subsection (5) of section 252.34, Florida

23  Statutes, is amended to read:

24         252.34  Definitions.--As used in ss. 252.31-252.60, the

25  term:

26         (5)  "Local emergency management agency" means an

27  organization created in accordance with the provisions of ss.

28  252.31-252.90 252.31-252.91 to discharge the emergency

29  management responsibilities and functions of a political

30  subdivision.

31

                                  43

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 252.91 by s. 39, ch. 2000-158,

  3         Laws of Florida.

  4

  5         Section 35.  Subsection (2) of section 252.35, Florida

  6  Statutes, is amended to read:

  7         252.35  Emergency management powers; Division of

  8  Emergency Management.--

  9         (2)  The division is responsible for carrying out the

10  provisions of ss. 252.31-252.90 252.31-252.91.  In performing

11  its duties under ss. 252.31-252.90 252.31-252.91, the division

12  shall:

13         (a)  Prepare a state comprehensive emergency management

14  plan, which shall be integrated into and coordinated with the

15  emergency management plans and programs of the Federal

16  Government. The division must adopt the plan as a rule in

17  accordance with chapter 120. The plan shall be implemented by

18  a continuous, integrated comprehensive emergency management

19  program. The plan must contain provisions to ensure that the

20  state is prepared for emergencies and minor, major, and

21  catastrophic disasters, and the division shall work closely

22  with local governments and agencies and organizations with

23  emergency management responsibilities in preparing and

24  maintaining the plan. The state comprehensive emergency

25  management plan shall be operations oriented and:

26         1.  Include an evacuation component that includes

27  specific regional and interregional planning provisions and

28  promotes intergovernmental coordination of evacuation

29  activities.  This component must, at a minimum: contain

30  guidelines for lifting tolls on state highways; ensure

31  coordination pertaining to evacuees crossing county lines; set

                                  44

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  forth procedures for directing people caught on evacuation

  2  routes to safe shelter; establish strategies for ensuring

  3  sufficient, reasonably priced fueling locations along

  4  evacuation routes; and establish policies and strategies for

  5  emergency medical evacuations.

  6         2.  Include a shelter component that includes specific

  7  regional and interregional planning provisions and promotes

  8  coordination of shelter activities between the public,

  9  private, and nonprofit sectors.  This component must, at a

10  minimum:  contain strategies to ensure the availability of

11  adequate public shelter space in each region of the state;

12  establish strategies for refuge-of-last-resort programs;

13  provide strategies to assist local emergency management

14  efforts to ensure that adequate staffing plans exist for all

15  shelters, including medical and security personnel; provide

16  for a postdisaster communications system for public shelters;

17  establish model shelter guidelines for operations,

18  registration, inventory, power generation capability,

19  information management, and staffing; and set forth policy

20  guidance for sheltering people with special needs.

21         3.  Include a postdisaster response and recovery

22  component that includes specific regional and interregional

23  planning provisions and promotes intergovernmental

24  coordination of postdisaster response and recovery activities.

25  This component must provide for postdisaster response and

26  recovery strategies according to whether a disaster is minor,

27  major, or catastrophic. The postdisaster response and recovery

28  component must, at a minimum:  establish the structure of the

29  state's postdisaster response and recovery organization;

30  establish procedures for activating the state's plan; set

31  forth policies used to guide postdisaster response and

                                  45

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  recovery activities; describe the chain of command during the

  2  postdisaster response and recovery period; describe initial

  3  and continuous postdisaster response and recovery actions;

  4  identify the roles and responsibilities of each involved

  5  agency and organization; provide for a comprehensive

  6  communications plan; establish procedures for monitoring

  7  mutual aid agreements; provide for rapid impact assessment

  8  teams; ensure the availability of an effective statewide urban

  9  search and rescue program coordinated with the fire services;

10  ensure the existence of a comprehensive statewide medical care

11  and relief plan administered by the Department of Health; and

12  establish systems for coordinating volunteers and accepting

13  and distributing donated funds and goods.

14         4.  Include additional provisions addressing aspects of

15  preparedness, response, recovery, and mitigation as determined

16  necessary by the division.

17         5.  Address the need for coordinated and expeditious

18  deployment of state resources, including the Florida National

19  Guard.  In the case of an imminent major disaster, procedures

20  should address predeployment of the Florida National Guard,

21  and, in the case of an imminent catastrophic disaster,

22  procedures should address predeployment of the Florida

23  National Guard and the United States Armed Forces.

24         6.  Establish a system of communications and warning to

25  ensure that the state's population and emergency management

26  agencies are warned of developing emergency situations and can

27  communicate emergency response decisions.

28         7.  Establish guidelines and schedules for annual

29  exercises that evaluate the ability of the state and its

30  political subdivisions to respond to minor, major, and

31  catastrophic disasters and support local emergency management

                                  46

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  agencies.  Such exercises shall be coordinated with local

  2  governments and, to the extent possible, the Federal

  3  Government.

  4         8.  Assign lead and support responsibilities to state

  5  agencies and personnel for emergency support functions and

  6  other support activities.

  7

  8  The division shall prepare an interim postdisaster response

  9  and recovery component that substantially complies with the

10  provisions of this paragraph by June 1, 1993.  Each state

11  agency assigned lead responsibility for an emergency support

12  function by the state comprehensive emergency management plan

13  shall also prepare a detailed operational plan needed to

14  implement its responsibilities by June 1, 1993. The complete

15  state comprehensive emergency management plan shall be

16  submitted to the President of the Senate, the Speaker of the

17  House of Representatives, and the Governor no later than

18  February 1, 1994, and on February 1 of every even-numbered

19  year thereafter.

20         (b)  Adopt standards and requirements for county

21  emergency management plans.  The standards and requirements

22  must ensure that county plans are coordinated and consistent

23  with the state comprehensive emergency management plan. If a

24  municipality elects to establish an emergency management

25  program, it must adopt a city emergency management plan that

26  complies with all standards and requirements applicable to

27  county emergency management plans.

28         (c)  Assist political subdivisions in preparing and

29  maintaining emergency management plans.

30         (d)  Review periodically political subdivision

31  emergency management plans for consistency with the state

                                  47

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  comprehensive emergency management plan and standards and

  2  requirements adopted under this section.

  3         (e)  Cooperate with the President, the heads of the

  4  Armed Forces, the various federal emergency management

  5  agencies, and the officers and agencies of other states in

  6  matters pertaining to emergency management in the state and

  7  the nation and incidents thereof and, in connection therewith,

  8  take any measures that it deems proper to carry into effect

  9  any request of the President and the appropriate federal

10  officers and agencies for any emergency management action,

11  including the direction or control of:

12         1.  Emergency management drills, tests, or exercises of

13  whatever nature.

14         2.  Warnings and signals for tests and drills, attacks,

15  or other imminent emergencies or threats thereof and the

16  mechanical devices to be used in connection with such warnings

17  and signals.

18         (f)  Make recommendations to the Legislature, building

19  code organizations, and political subdivisions for zoning,

20  building, and other land use controls; safety measures for

21  securing mobile homes or other nonpermanent or semipermanent

22  structures; and other preparedness, prevention, and mitigation

23  measures designed to eliminate emergencies or reduce their

24  impact.

25         (g)  In accordance with the state comprehensive

26  emergency management plan and program for emergency

27  management, ascertain the requirements of the state and its

28  political subdivisions for equipment and supplies of all kinds

29  in the event of an emergency; plan for and either procure

30  supplies, medicines, materials, and equipment or enter into

31  memoranda of agreement or open purchase orders that will

                                  48

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  ensure their availability; and use and employ from time to

  2  time any of the property, services, and resources within the

  3  state in accordance with ss. 252.31-252.90 252.31-252.91.

  4         (h)  Anticipate trends and promote innovations that

  5  will enhance the emergency management system.

  6         (i)  Institute statewide public awareness programs.

  7  This shall include an intensive public educational campaign on

  8  emergency preparedness issues.

  9         (j)  Prepare and distribute to appropriate state and

10  local officials catalogs of federal, state, and private

11  assistance programs.

12         (k)  Coordinate federal, state, and local emergency

13  management activities and take all other steps, including the

14  partial or full mobilization of emergency management forces

15  and organizations in advance of an actual emergency, to ensure

16  the availability of adequately trained and equipped forces of

17  emergency management personnel before, during, and after

18  emergencies and disasters.

19         (l)  Establish a schedule of fees that may be charged

20  by local emergency management agencies for review of emergency

21  management plans on behalf of external agencies and

22  institutions. In establishing such schedule, the division

23  shall consider facility size, review complexity, and other

24  factors.

25         (m)  Implement training programs to improve the ability

26  of state and local emergency management personnel to prepare

27  and implement emergency management plans and programs.  This

28  shall include a continuous training program for agencies and

29  individuals that will be called on to perform key roles in

30  state and local postdisaster response and recovery efforts and

31

                                  49

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  for local government personnel on federal and state

  2  postdisaster response and recovery strategies and procedures.

  3         (n)  Review periodically emergency operating procedures

  4  of state agencies and recommend revisions as needed to ensure

  5  consistency with the state comprehensive emergency management

  6  plan and program.

  7         (o)  Make such surveys of industries, resources, and

  8  facilities within the state, both public and private, as are

  9  necessary to carry out the purposes of ss. 252.31-252.90

10  252.31-252.91.

11         (p)  Prepare, in advance whenever possible, such

12  executive orders, proclamations, and rules for issuance by the

13  Governor as are necessary or appropriate for coping with

14  emergencies and disasters.

15         (q)  Cooperate with the Federal Government and any

16  public or private agency or entity in achieving any purpose of

17  ss. 252.31-252.90 252.31-252.91 and in implementing programs

18  for mitigation, preparation, response, and recovery.

19         (r)  Assist political subdivisions with the creation

20  and training of urban search and rescue teams and promote the

21  development and maintenance of a state urban search and rescue

22  program.

23         (s)  Delegate, as necessary and appropriate, authority

24  vested in it under ss. 252.31-252.90 252.31-252.91 and provide

25  for the subdelegation of such authority.

26         (t)  Report biennially to the President of the Senate,

27  the Speaker of the House of Representatives, and the Governor,

28  no later than February 1 of every odd-numbered year, the

29  status of the emergency management capabilities of the state

30  and its political subdivisions.

31

                                  50

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (u)  In accordance with chapter 120, create, implement,

  2  administer, adopt, amend, and rescind rules, programs, and

  3  plans needed to carry out the provisions of ss. 252.31-252.90

  4  252.31-252.91 with due consideration for, and in cooperating

  5  with, the plans and programs of the Federal Government. In

  6  addition, the division may adopt rules in accordance with

  7  chapter 120 to administer and distribute federal financial

  8  predisaster and postdisaster assistance for prevention,

  9  mitigation, preparedness, response, and recovery.

10         (v)  Do other things necessary, incidental, or

11  appropriate for the implementation of ss. 252.31-252.90

12  252.31-252.91.

13

14         Reviser's note.--Amended to conform to the

15         repeal of s. 252.91 by s. 39, ch. 2000-158,

16         Laws of Florida, and to delete provisions that

17         have served their purpose.

18

19         Section 36.  Paragraph (b) of subsection (3) and

20  subsections (6), (7), and (9) of section 252.36, Florida

21  Statutes, are amended to read:

22         252.36  Emergency management powers of the Governor.--

23         (3)  An executive order or proclamation of a state of

24  emergency shall:

25         (b)  Be authority for the deployment and use of any

26  forces to which the plan or plans apply and for the use or

27  distribution of any supplies, equipment, and materials and

28  facilities assembled, stockpiled, or arranged to be made

29  available pursuant to ss. 252.31-252.90 252.31-252.91 or any

30  other provision of law relating to emergencies.

31

                                  51

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (6)  The Governor shall take such action and give such

  2  direction to state and local law enforcement officers and

  3  agencies as may be reasonable and necessary for the purpose of

  4  securing compliance with the provisions of ss. 252.31-252.90

  5  252.31-252.91 and with the orders and rules made pursuant

  6  thereto.

  7         (7)  The Governor shall employ such measures and give

  8  such directions to the Department of Health and the Agency for

  9  Health Care Administration as may be reasonably necessary for

10  the purpose of securing compliance with the provisions of ss.

11  252.31-252.90 252.31-252.91 or with the findings or

12  recommendations of such agency of health by reason of

13  conditions arising from emergencies or threats of emergency.

14         (9)  The Governor and the division shall establish

15  agencies and offices and appoint executive, professional,

16  technical, clerical, and other personnel as may be necessary

17  to carry out the provisions of ss. 252.31-252.90

18  252.31-252.91.

19

20         Reviser's note.--Amended to conform to the

21         repeal of s. 252.91 by s. 39, ch. 2000-158,

22         Laws of Florida.

23

24         Section 37.  Paragraphs (a), (b), and (c) of subsection

25  (1) and paragraph (a) of subsection (3) of section 252.38,

26  Florida Statutes, are amended to read:

27         252.38  Emergency management powers of political

28  subdivisions.--Safeguarding the life and property of its

29  citizens is an innate responsibility of the governing body of

30  each political subdivision of the state.

31         (1)  COUNTIES.--

                                  52

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (a)  In order to provide effective and orderly

  2  governmental control and coordination of emergency operations

  3  in emergencies within the scope of ss. 252.31-252.90

  4  252.31-252.91, each county within this state shall be within

  5  the jurisdiction of, and served by, the division.  Except as

  6  otherwise provided in ss. 252.31-252.90 252.31-252.91, each

  7  local emergency management agency shall have jurisdiction over

  8  and serve an entire county.  Unless part of an

  9  interjurisdictional emergency management agreement entered

10  into pursuant to paragraph (3)(b) which is recognized by the

11  Governor by executive order or rule, each county must

12  establish and maintain such an emergency management agency and

13  shall develop a county emergency management plan and program

14  that is coordinated and consistent with the state

15  comprehensive emergency management plan and program.  Counties

16  that are part of an interjurisdictional emergency management

17  agreement entered into pursuant to paragraph (3)(b) which is

18  recognized by the Governor by executive order or rule shall

19  cooperatively develop an emergency management plan and program

20  that is coordinated and consistent with the state

21  comprehensive emergency management plan and program.

22         (b)  Each county emergency management agency created

23  and established pursuant to ss. 252.31-252.90 252.31-252.91

24  shall have a director.  The director must meet the minimum

25  training and education qualifications established in a job

26  description approved by the county.  The director shall be

27  appointed by the board of county commissioners or the chief

28  administrative officer of the county, as described in chapter

29  125 or the county charter, if applicable, to serve at the

30  pleasure of the appointing authority, in conformance with

31  applicable resolutions, ordinances, and laws. A county

                                  53

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  constitutional officer, or an employee of a county

  2  constitutional officer, may be appointed as director following

  3  prior notification to the division. Each board of county

  4  commissioners shall promptly inform the division of the

  5  appointment of the director and other personnel. Each director

  6  has direct responsibility for the organization,

  7  administration, and operation of the county emergency

  8  management agency.  The director shall coordinate emergency

  9  management activities, services, and programs within the

10  county and shall serve as liaison to the division and other

11  local emergency management agencies and organizations.

12         (c)  Each county emergency management agency shall

13  perform emergency management functions within the territorial

14  limits of the county within which it is organized and, in

15  addition, shall conduct such activities outside its

16  territorial limits as are required pursuant to ss.

17  252.31-252.90 252.31-252.91 and in accordance with state and

18  county emergency management plans and mutual aid agreements.

19  Counties shall serve as liaison for and coordinator of

20  municipalities' requests for state and federal assistance

21  during postdisaster emergency operations.

22         (3)  EMERGENCY MANAGEMENT POWERS; POLITICAL

23  SUBDIVISIONS.--

24         (a)  In carrying out the provisions of ss.

25  252.31-252.90 252.31-252.91, each political subdivision shall

26  have the power and authority:

27         1.  To appropriate and expend funds; make contracts;

28  obtain and distribute equipment, materials, and supplies for

29  emergency management purposes; provide for the health and

30  safety of persons and property, including emergency assistance

31  to the victims of any emergency; and direct and coordinate the

                                  54

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  development of emergency management plans and programs in

  2  accordance with the policies and plans set by the federal and

  3  state emergency management agencies.

  4         2.  To appoint, employ, remove, or provide, with or

  5  without compensation, coordinators, rescue teams, fire and

  6  police personnel, and other emergency management workers.

  7         3.  To establish, as necessary, a primary and one or

  8  more secondary emergency operating centers to provide

  9  continuity of government and direction and control of

10  emergency operations.

11         4.  To assign and make available for duty the offices

12  and agencies of the political subdivision, including the

13  employees, property, or equipment thereof relating to

14  firefighting, engineering, rescue, health, medical and related

15  services, police, transportation, construction, and similar

16  items or services for emergency operation purposes, as the

17  primary emergency management forces of the political

18  subdivision for employment within or outside the political

19  limits of the subdivision.

20         5.  To request state assistance or invoke

21  emergency-related mutual-aid assistance by declaring a state

22  of local emergency in the event of an emergency affecting only

23  one political subdivision.  The duration of each state of

24  emergency declared locally is limited to 7 days; it may be

25  extended, as necessary, in 7-day increments.  Further, the

26  political subdivision has the power and authority to waive the

27  procedures and formalities otherwise required of the political

28  subdivision by law pertaining to:

29         a.  Performance of public work and taking whatever

30  prudent action is necessary to ensure the health, safety, and

31  welfare of the community.

                                  55

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         b.  Entering into contracts.

  2         c.  Incurring obligations.

  3         d.  Employment of permanent and temporary workers.

  4         e.  Utilization of volunteer workers.

  5         f.  Rental of equipment.

  6         g.  Acquisition and distribution, with or without

  7  compensation, of supplies, materials, and facilities.

  8         h.  Appropriation and expenditure of public funds.

  9

10         Reviser's note.--Amended to conform to the

11         repeal of s. 252.91 by s. 39, ch. 2000-158,

12         Laws of Florida.

13

14         Section 38.  Section 252.46, Florida Statutes, is

15  amended to read:

16         252.46  Orders and rules.--

17         (1)  In accordance with the provisions of chapter 120,

18  the political subdivisions of the state and other agencies

19  designated or appointed by the Governor or in the state

20  comprehensive emergency management plan are authorized and

21  empowered to make, amend, and rescind such orders and rules as

22  are necessary for emergency management purposes and to

23  supplement the carrying out of the provisions of ss.

24  252.31-252.90 252.31-252.91, but which are not inconsistent

25  with any orders or rules adopted by the division or by any

26  state agency exercising a power delegated to it by the

27  Governor or the division.

28         (2)  All orders and rules adopted by the division or

29  any political subdivision or other agency authorized by ss.

30  252.31-252.90 252.31-252.91 to make orders and rules have full

31  force and effect of law after adoption in accordance with the

                                  56

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  provisions of chapter 120 in the event of issuance by the

  2  division or any state agency or, if promulgated by a political

  3  subdivision of the state or agency thereof, when filed in the

  4  office of the clerk or recorder of the political subdivision

  5  or agency promulgating the same.  All existing laws,

  6  ordinances, and rules inconsistent with the provisions of ss.

  7  252.31-252.90 252.31-252.91, or any order or rule issued under

  8  the authority of ss. 252.31-252.90 252.31-252.91, shall be

  9  suspended during the period of time and to the extent that

10  such conflict exists.

11         (3)  In order to attain uniformity so far as

12  practicable throughout the country in measures taken to aid

13  emergency management, all action taken under ss. 252.31-252.90

14  252.31-252.91 and all orders and rules made pursuant to such

15  sections shall be taken or made with due consideration of the

16  orders, rules, actions, recommendations, and requests of

17  federal authorities relevant thereto and, to the extent

18  permitted by law, shall be consistent with such orders, rules,

19  actions, recommendations, and requests.

20

21         Reviser's note.--Amended to conform to the

22         repeal of s. 252.91 by s. 39, ch. 2000-158,

23         Laws of Florida.

24

25         Section 39.  Section 252.47, Florida Statutes, is

26  amended to read:

27         252.47  Enforcement.--The law enforcement authorities

28  of the state and the political subdivisions thereof shall

29  enforce the orders and rules issued pursuant to ss.

30  252.31-252.90 252.31-252.91.

31

                                  57

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 252.91 by s. 39, ch. 2000-158,

  3         Laws of Florida.

  4

  5         Section 40.  Section 252.50, Florida Statutes, is

  6  amended to read:

  7         252.50  Penalties.--Any person violating any provision

  8  of ss. 252.31-252.90 252.31-252.91 or any rule or order made

  9  pursuant to ss. 252.31-252.90 252.31-252.91 is guilty of a

10  misdemeanor of the second degree, punishable as provided in s.

11  775.082 or s. 775.083.

12

13         Reviser's note.--Amended to conform to the

14         repeal of s. 252.91 by s. 39, ch. 2000-158,

15         Laws of Florida.

16

17         Section 41.  Section 252.52, Florida Statutes, is

18  amended to read:

19         252.52  Liberality of construction.--Sections

20  252.31-252.90 252.31-252.91 shall be construed liberally in

21  order to effectuate their purposes.

22

23         Reviser's note.--Amended to conform to the

24         repeal of s. 252.91 by s. 39, ch. 2000-158,

25         Laws of Florida.

26

27         Section 42.  Paragraph (h) of subsection (5) of section

28  253.115, Florida Statutes, is amended to read:

29         253.115  Public notice and hearings.--

30         (5)  The notice and publication requirements of this

31  section do not apply to:

                                  58

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (h)  The conveyance of lands pursuant to the provisions

  2  of former s. 373.4592(4)(b); or

  3

  4         Reviser's note.--Amended to conform to the

  5         repeal of s. 373.4592(4)(b) by s. 2, ch.

  6         94-115, Laws of Florida.

  7

  8         Section 43.  Paragraph (a) of subsection (1) of section

  9  253.7829, Florida Statutes, is amended to read:

10         253.7829  Management plan for retention or disposition

11  of former Cross Florida Barge Canal lands; authority to manage

12  lands until disposition.--

13         (1)  It is declared to be in the public interest that

14  the department shall do and is hereby authorized to do any and

15  all things and incur and pay from the canal authority assets,

16  for the public purposes described herein, any and all expenses

17  necessary, convenient, and proper to:

18         (a)  Develop a management plan for the retention or

19  disposition of lands acquired for the Cross Florida Barge

20  Canal to be submitted to the Governor and Cabinet no later

21  than 2 years after the date of enactment of the Cross Florida

22  Barge Canal deauthorization act, which plan shall reflect a

23  consideration of alternatives for disposition as provided in

24  this section of all lands in fee or less than fee owned by the

25  Board of Trustees of the Internal Improvement Trust Fund,

26  including those lands previously owned by the canal authority

27  and the United States Army Corps of Engineers, and lands to be

28  transferred to the state by the United States Army Corps of

29  Engineers. The management plan shall establish a plan for

30  delineating the specific boundaries of the Cross Florida

31  Greenways State Recreation and Conservation Area. The

                                  59

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Legislature intends that such boundaries include, at a

  2  minimum, a 300-yard-wide corridor, except where the original

  3  corridor is a lesser width or except in areas where bridges

  4  and roads cross the canal corridor, on former canal lands

  5  within the original canal corridor extending from the St.

  6  Johns River to the Gulf of Mexico, including all of the

  7  Oklawaha River Valley and Rodman Reservoir, and all canal

  8  works in all areas whether completed and in use or not, but

  9  excluding all parts of Lake Rousseau. Such boundaries may

10  include other former canal lands according to the following

11  criteria:

12         1.  The proximity of the lands to former canal corridor

13  lands.

14         2.  The environmental sensitivity or importance of the

15  lands or its characteristics as a unique or significant

16  wildlife habitat.

17         3.  The proximity of the lands to existing state or

18  federal land which is maintained, at least in part, as natural

19  wildlife habitat, so that the addition of the parcel would

20  function as a wildlife corridor, or as additional habitat.

21         4.  The potential of the lands to be developed as

22  outdoor recreation lands.

23

24  Commercially valuable parcels, including those parcels near

25  road crossings, within the canal corridor which do not meet

26  the criteria of subparagraphs 1.-4. and other former canal

27  lands which are not included within the boundaries of the

28  Cross Florida Greenways State Recreation and Conservation Area

29  under the criteria of subparagraphs 1.-4., may be disposed of

30  as surplus lands pursuant to s. 253.783(2)(a)-(d). Such

31  alternatives for disposition will include retention by the

                                  60

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  state or any agency thereof for the specific public purposes

  2  outlined in this paragraph or by the counties or adjacent

  3  municipalities for recreational or conservation purposes, and

  4  a declaration of lands not to be retained as surplus lands to

  5  be disposed of pursuant to s. 253.783(2)(a)-(d). The

  6  management plan shall also address any remedial measures

  7  necessary to correct any environmental or economic damage

  8  caused by works constructed as a part of or as a result of the

  9  Cross Florida Barge Canal.

10

11         Reviser's note.--Amended to delete obsolete

12         language referencing plan submission to the

13         Governor and Cabinet.

14

15         Section 44.  Subsection (1) of section 255.101, Florida

16  Statutes, is amended to read:

17         255.101  Contracts for public construction works;

18  utilization of minority business enterprises.--

19         (1)  All county officials, boards of county

20  commissioners, school boards, city councils, city

21  commissioners, and all other public officers of state boards

22  or commissions which are charged with the letting of contracts

23  for public works and for the construction of public bridges,

24  buildings, and other structures shall operate in accordance

25  with s. 287.093, except that all contracts for the

26  construction of state facilities should comply with provisions

27  in s. 287.09451 287.0945, and rules adopted pursuant thereto,

28  for the utilization of minority business enterprises. When

29  construction is financed in whole or in part from federal

30  funds and where federal provisions for utilization of minority

31  business enterprises apply, this section shall not apply.

                                  61

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         repeal of s. 287.0945 by s. 27, ch. 96-320,

  3         Laws of Florida, and the creation of s.

  4         287.09451, relating to the same subject matter,

  5         by s. 28, ch. 96-320.

  6

  7         Section 45.  Subsection (4) of section 255.102, Florida

  8  Statutes, is amended to read:

  9         255.102  Contractor utilization of minority business

10  enterprises.--

11         (4)  Notwithstanding the provisions of s. 287.09451

12  287.0945 to the contrary, agencies shall monitor good faith

13  efforts of contractors in competitively awarded building and

14  construction projects, in accordance with rules established

15  pursuant to this section. It is the responsibility of the

16  contractor to exercise good faith efforts in accordance with

17  rules established pursuant to this section, and to provide

18  documentation necessary to assess efforts to include minority

19  business participation.

20

21         Reviser's note.--Amended to conform to the

22         repeal of s. 287.0945 by s. 27, ch. 96-320,

23         Laws of Florida, and the creation of s.

24         287.09451, relating to the same subject matter,

25         by s. 28, ch. 96-320.

26

27         Section 46.  Paragraph (b) of subsection (2), paragraph

28  (b) of subsection (3), and subsection (10) of section 255.25,

29  Florida Statutes, are amended to read:

30         255.25  Approval required prior to construction or

31  lease of buildings.--

                                  62

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (2)

  2         (b)  The approval of the Department of Management

  3  Services, except for technical sufficiency, need not be

  4  obtained for the lease of less than 5,000 square feet of space

  5  within a privately owned building, provided the agency head or

  6  the agency head's designated representative has certified

  7  compliance with applicable leasing criteria as may be provided

  8  pursuant to s. 255.249(4)(k) 255.249(2)(k) and has determined

  9  such lease to be in the best interest of the state. Such a

10  lease which is for a term extending beyond the end of a fiscal

11  year is subject to the provisions of ss. 216.311, 255.2502,

12  and 255.2503.

13         (3)

14         (b)  The Department of Management Services may approve

15  extensions of an existing lease of 5,000 square feet or more

16  of space if such extensions are determined to be in the best

17  interests of the state, but in no case shall the total of such

18  extensions exceed 11 months.  If at the end of the 11th month

19  an agency still needs space, it shall be procured by

20  competitive bid in accordance with s. 255.249(4)(b)

21  255.249(2)(b).

22         (10)  The Department of Management Services may approve

23  emergency acquisition of space without competitive bids if

24  existing state-owned or state-leased space is destroyed or

25  rendered uninhabitable by an act of God, fire, malicious

26  destruction, or structural failure, or by legal action, if the

27  chief administrator of the state agency or the chief

28  administrator's designated representative certifies in writing

29  that no other agency-controlled space is available to meet

30  this emergency need, but in no case shall the lease for such

31  space exceed 11 months. If the lessor elects not to replace or

                                  63

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  renovate the destroyed or uninhabitable facility, the agency

  2  shall procure the needed space by competitive bid in

  3  accordance with s. 255.249(4)(b) 255.249(2)(b).  If the lessor

  4  elects to replace or renovate the destroyed or uninhabitable

  5  facility and the construction or renovations will not be

  6  complete at the end of the 11-month lease, the agency may

  7  modify the lease to extend it on a month-to-month basis for an

  8  additional 6 months to allow completion of such construction

  9  or renovations.

10

11         Reviser's note.--Amended to conform to the

12         redesignation of subsections within s. 255.249

13         by s. 2, ch. 2000-172, Laws of Florida.

14

15         Section 47.  Subsection (1) of section 255.5535,

16  Florida Statutes, is amended to read:

17         255.5535  Exemptions from asbestos survey

18  requirements.--Notwithstanding the requirements of s. 255.553,

19  a state agency is not required to perform an asbestos survey:

20         (1)  For prefabricated or small structures that do not

21  have floors or utilities, such as storage sheds and wood

22  barns; however, this exemption shall only apply if a person

23  who has successfully completed an asbestos training course in

24  inspecting buildings for asbestos as described in s.

25  469.005(2)(b) 455.305(1)(b), inspects the structure and

26  determines that no asbestos is present and that it meets the

27  requirements of this subsection; or

28

29         Reviser's note.--Amended to conform to the

30         repeal of s. 455.305(1)(b) by s. 55, ch.

31         94-119, Laws of Florida, and the enactment of

                                  64

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         identical language in s. 469.005(2)(b) by s.

  2         53, ch. 94-119.

  3

  4         Section 48.  Subsection (12) of section 259.032,

  5  Florida Statutes, is reenacted to read:

  6         259.032  Conservation and Recreation Lands Trust Fund;

  7  purpose.--

  8         (12)(a)  Beginning July 1, 1999, the Legislature shall

  9  make available sufficient funds annually from the Conservation

10  and Recreation Lands Trust Fund to the department for payment

11  in lieu of taxes to qualifying counties and local governments

12  as defined in paragraph (b) for all actual tax losses incurred

13  as a result of board of trustees acquisitions for state

14  agencies under the Florida Forever program or the Florida

15  Preservation 2000 program during any year. Reserved funds not

16  used for payments in lieu of taxes in any year shall revert to

17  the fund to be used for land acquisition in accordance with

18  the provisions of this section.

19         (b)  Payment in lieu of taxes shall be available:

20         1.  To all counties that have a population of 150,000

21  or fewer. Population levels shall be determined pursuant to s.

22  11.031.

23         2.  To all local governments located in eligible

24  counties.

25         3.  To Glades County, where a privately owned and

26  operated prison leased to the state has recently been opened

27  and where privately owned and operated juvenile justice

28  facilities leased to the state have recently been constructed

29  and opened, a payment in lieu of taxes, in an amount that

30  offsets the loss of property tax revenue, which funds have

31  already been appropriated and allocated from the Department of

                                  65

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Correction's budget for the purpose of reimbursing amounts

  2  equal to lost ad valorem taxes.

  3

  4  Counties and local governments that did not receive payments

  5  in lieu of taxes for lands purchased pursuant to s. 259.101

  6  during fiscal year 1999-2000, if such counties and local

  7  governments would have received payments pursuant to this

  8  subsection as that section existed on June 30, 1999, shall

  9  receive retroactive payments for such tax losses.

10         (c)  If insufficient funds are available in any year to

11  make full payments to all qualifying counties and local

12  governments, such counties and local governments shall receive

13  a pro rata share of the moneys available.

14         (d)  The payment amount shall be based on the average

15  amount of actual taxes paid on the property for the 3 years

16  preceding acquisition. Applications for payment in lieu of

17  taxes shall be made no later than January 31 of the year

18  following acquisition. No payment in lieu of taxes shall be

19  made for properties which were exempt from ad valorem taxation

20  for the year immediately preceding acquisition.  If property

21  which was subject to ad valorem taxation was acquired by a

22  tax-exempt entity for ultimate conveyance to the state under

23  this chapter, payment in lieu of taxes shall be made for such

24  property based upon the average amount of taxes paid on the

25  property for the 3 years prior to its being removed from the

26  tax rolls. The department shall certify to the Department of

27  Revenue those properties that may be eligible under this

28  provision. Once eligibility has been established, that county

29  or local government shall receive 10 consecutive annual

30  payments for each tax loss, and no further eligibility

31  determination shall be made during that period.

                                  66

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (e)  Payment in lieu of taxes pursuant to this

  2  subsection shall be made annually to qualifying counties and

  3  local governments after certification by the Department of

  4  Revenue that the amounts applied for are reasonably

  5  appropriate, based on the amount of actual taxes paid on the

  6  eligible property, and after the Department of Environmental

  7  Protection has provided supporting documents to the

  8  Comptroller and has requested that payment be made in

  9  accordance with the requirements of this section.

10         (f)  If the board of trustees conveys to a local

11  government title to any land owned by the board, any payments

12  in lieu of taxes on the land made to the local government

13  shall be discontinued as of the date of the conveyance.

14

15  For the purposes of this subsection, "local government"

16  includes municipalities, the county school board, mosquito

17  control districts, and any other local government entity which

18  levies ad valorem taxes, with the exception of a water

19  management district.

20

21         Reviser's note.--Section 7, ch. 2000-170, Laws

22         of Florida, purported to amend s.

23         259.032(12)(b), but failed to republish the

24         flush left language at the end of subsection

25         (12). In the absence of affirmative evidence

26         that the Legislature intended to repeal the

27         language, subsection (12) is reenacted to

28         confirm that the omission was not intended.

29

30

31

                                  67

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Section 49.  Subsection (4) of section 259.037, Florida

  2  Statutes, is repealed, and subsections (1) and (3) of that

  3  section are amended to read:

  4         259.037  Land Management Uniform Accounting Council.--

  5         (1)  The Land Management Uniform Accounting Council is

  6  created within the Department of Environmental Protection and

  7  shall consist of the director of the Division of State Lands,

  8  the director of the Division of Recreation and Parks, the

  9  director of the Office of Coastal and Aquatic Managed Areas,

10  and the director of the Office of Greenways and Trails of the

11  Department of Environmental Protection; the director of the

12  Division of Forestry of the Department of Agriculture and

13  Consumer Services; the executive director of the Fish and

14  Wildlife Conservation Commission; and the director of the

15  Division of Historical Resources of the Department of State,

16  or their respective designees. Each state agency represented

17  on the council shall have one vote.  The chair of the council

18  shall rotate annually in the foregoing order of state

19  agencies. The agency of the representative serving as chair of

20  the council shall provide staff support for the council.  The

21  Division of State Lands shall serve as the recipient of and

22  repository for the council's documents.  The council shall

23  meet initially by May 20, 2000, and thereafter at the request

24  of the chair.

25         (3)  The council shall, by June 20, 2000, review

26  current land management practices and group closely related

27  land management activities and needs into categories.  All

28  land management activities and costs must be assigned to a

29  specific category, and any single activity or cost may not be

30  assigned to more than one category.  Administrative costs,

31  such as planning or training, shall be segregated from other

                                  68

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  management activities.  Specific management activities and

  2  costs must initially be grouped, at a minimum, within the

  3  following categories:

  4         (a)  Resource management.

  5         (b)  Administration.

  6         (c)  New facility construction.

  7         (d)  Facility maintenance.

  8

  9  Upon adoption of the initial list of land management

10  categories by the council, agencies assigned to manage

11  conservation or recreation lands shall, on July 1, 2000, begin

12  to account for land management costs in accordance with the

13  category to which an expenditure is assigned.

14

15         Reviser's note.--Subsection (1) is amended to

16         delete language relating to the initial meeting

17         of the Land Management Uniform Accounting

18         Council by May 20, 2000. Subsection (3) is

19         amended to delete language relating to a review

20         to be completed by June 20, 2000. Subsection

21         (4) is repealed to delete material requiring

22         submittal of a list of land management

23         categories by January 1, 2001.

24

25         Section 50.  Subsection (3) of section 259.101, Florida

26  Statutes, is amended to read:

27         259.101  Florida Preservation 2000 Act.--

28         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

29  costs of issuance, the costs of funding reserve accounts, and

30  other costs with respect to the bonds, the proceeds of bonds

31  issued pursuant to this act shall be deposited into the

                                  69

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Florida Preservation 2000 Trust Fund created by s. 375.045.

  2  Ten percent of the proceeds of any bonds deposited into the

  3  Preservation 2000 Trust Fund shall be distributed by the

  4  Department of Environmental Protection to the Department of

  5  Environmental Protection for the purchase by the South Florida

  6  Water Management District of lands in Dade, Broward, and Palm

  7  Beach Counties identified in s. 7, chapter 95-349, Laws of

  8  Florida. This distribution shall apply for any bond issue for

  9  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

10  $20 million per year from the proceeds of any bonds deposited

11  into the Florida Preservation 2000 Trust Fund shall be

12  distributed by the Department of Environmental Protection to

13  the St. Johns Water Management District for the purchase of

14  lands necessary to restore Lake Apopka. In fiscal year

15  2000-2001, for each Florida Preservation 2000 program

16  described in paragraphs (a)-(g), that portion of each

17  program's total remaining cash balance which, as of June 30,

18  2000, is in excess of that program's total remaining

19  appropriation balances shall be redistributed by the

20  department and deposited into the Save Our Everglades Trust

21  Fund for land acquisition. For purposes of calculating the

22  total remaining cash balances for this redistribution, the

23  Florida Preservation 2000 Series 2000 bond proceeds, including

24  interest thereon, and the fiscal year 1999-2000 General

25  Appropriations Act amounts shall be deducted from the

26  remaining cash and appropriation balances, respectively. The

27  remaining proceeds shall be distributed by the Department of

28  Environmental Protection in the following manner:

29         (a)  Fifty percent to the Department of Environmental

30  Protection for the purchase of public lands as described in s.

31

                                  70

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  259.032.  Of this 50 percent, at least one-fifth shall be used

  2  for the acquisition of coastal lands.

  3         (b)  Thirty percent to the Department of Environmental

  4  Protection for the purchase of water management lands pursuant

  5  to s. 373.59, to be distributed among the water management

  6  districts as provided in that section. Funds received by each

  7  district may also be used for acquisition of lands necessary

  8  to implement surface water improvement and management plans

  9  approved in accordance with s. 373.456 or for acquisition of

10  lands necessary to implement the Everglades Construction

11  Project authorized by s. 373.4592.

12         (c)  Ten percent to the Department of Community Affairs

13  to provide land acquisition grants and loans to local

14  governments through the Florida Communities Trust pursuant to

15  part III of chapter 380.  From funds allocated to the trust,

16  $3 million annually shall be used by the Division of State

17  Lands within the Department of Environmental Protection to

18  implement the Green Swamp Land Protection Initiative

19  specifically for the purchase of conservation easements, as

20  defined in s. 380.0677(4), of lands, or severable interests or

21  rights in lands, in the Green Swamp Area of Critical State

22  Concern.  From funds allocated to the trust, $3 million

23  annually shall be used by the Monroe County Comprehensive Plan

24  Land Authority specifically for the purchase of any real

25  property interest in either those lands subject to the Rate of

26  Growth Ordinances adopted by local governments in Monroe

27  County or those lands within the boundary of an approved

28  Conservation and Recreation Lands project located within the

29  Florida Keys or Key West Areas of Critical State Concern;

30  however, title to lands acquired within the boundary of an

31  approved Conservation and Recreation Lands project may, in

                                  71

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  accordance with an approved joint acquisition agreement, vest

  2  in the Board of Trustees of the Internal Improvement Trust

  3  Fund.  Of the remaining funds allocated to the trust after the

  4  above transfers occur, one-half shall be matched by local

  5  governments on a dollar-for-dollar basis.  To the extent

  6  allowed by federal requirements for the use of bond proceeds,

  7  the trust shall expend Preservation 2000 funds to carry out

  8  the purposes of part III of chapter 380.

  9         (d)  Two and nine-tenths percent to the Department of

10  Environmental Protection for the purchase of inholdings and

11  additions to state parks. For the purposes of this paragraph,

12  "state park" means all real property in the state under the

13  jurisdiction of the Division of Recreation and Parks of the

14  department, or which may come under its jurisdiction.

15         (e)  Two and nine-tenths percent to the Division of

16  Forestry of the Department of Agriculture and Consumer

17  Services to fund the acquisition of state forest inholdings

18  and additions pursuant to s. 589.07.

19         (f)  Two and nine-tenths percent to the Fish and

20  Wildlife Conservation Commission to fund the acquisition of

21  inholdings and additions to lands managed by the commission

22  which are important to the conservation of fish and wildlife.

23         (g)  One and three-tenths percent to the Department of

24  Environmental Protection for the Florida Greenways and Trails

25  Program, to acquire greenways and trails or greenways and

26  trails systems pursuant to chapter 260, including, but not

27  limited to, abandoned railroad rights-of-way and the Florida

28  National Scenic Trail.

29

30  Local governments may use federal grants or loans, private

31  donations, or environmental mitigation funds, including

                                  72

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  environmental mitigation funds required pursuant to s.

  2  338.250, for any part or all of any local match required for

  3  the purposes described in this subsection.  Bond proceeds

  4  allocated pursuant to paragraph (c) may be used to purchase

  5  lands on the priority lists developed pursuant to s. 259.035.

  6  Title to lands purchased pursuant to paragraphs (a), (d), (e),

  7  (f), and (g) shall be vested in the Board of Trustees of the

  8  Internal Improvement Trust Fund. Title to lands purchased

  9  pursuant to paragraph (c) may be vested in the Board of

10  Trustees of the Internal Improvement Trust Fund. The board of

11  trustees shall hold title to land protection agreements and

12  conservation easements that were or will be acquired pursuant

13  to s. 380.0677, and the Southwest Florida Water Management

14  District and the St. Johns River Water Management District

15  shall monitor such agreements and easements within their

16  respective districts until the state assumes this

17  responsibility.

18

19         Reviser's note.--Repeals provisions requiring

20         certain distributions of bond issue proceeds

21         for the 1995-1996 and the 1997-1998 fiscal

22         years.

23

24         Section 51.  Subsection (4) of section 265.284, Florida

25  Statutes, is reenacted, and paragraph (c) of subsection (5) of

26  that section is amended to read:

27         265.284  Chief cultural officer; director of division;

28  powers and duties.--

29         (4)  There is created the Florida Fine Arts Trust Fund

30  to be administered by the Department of State for the purposes

31

                                  73

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  set forth by law.  The Florida Fine Arts Trust Fund shall

  2  receive distributions as provided in s. 320.08058.

  3         (5)  The division is further authorized to:

  4         (c)  Conduct and support cultural programs and cultural

  5  exchanges in conjunction with the Department of Commerce and

  6  other appropriate state agencies, including the acceptance of

  7  funding, technical assistance, and other forms of support for

  8  such purposes.

  9

10         Reviser's note.--Subsection (4) is reenacted to

11         confirm the citation in the subsection to s.

12         320.08058 by s. 5, ch. 95-282, Laws of Florida.

13         Paragraph (5)(c) is amended to delete the

14         reference to the Department of Commerce.

15         Section 20.17, which created the department,

16         was repealed by s. 3, ch. 96-320, Laws of

17         Florida.

18

19         Section 52.  Section 267.171, Florida Statutes, is

20  amended to read:

21         267.171  St. Augustine; contract for preservation of

22  historic properties.--The Department of State shall contract

23  with the City of St. Augustine for the management of the

24  various state-owned properties presently managed by the

25  Historic St. Augustine Preservation Board of Trustees.  The

26  contract shall provide that the City of St. Augustine may use

27  all proceeds derived from the management of state-owned

28  properties for the purpose of maintaining the state-owned

29  buildings and advancing historic preservation in the City of

30  St. Augustine.  Additionally, the department may appropriate

31  all remaining funds in the Historic St. Augustine Preservation

                                  74

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Board Operating Trust Fund to the City of St. Augustine for

  2  maintenance of the state-owned buildings and advancing

  3  historic preservation in the City of St. Augustine. The

  4  Department of State may transfer ownership of and

  5  responsibility for to any artifacts, documents, equipment, and

  6  other forms of tangible personal property to the City of St.

  7  Augustine to assist the city in the transition of the

  8  management of state-owned properties. The Department of State

  9  is authorized to use the unexpended balance of up to $500,000

10  in general revenue funds, as provided in the 1997-1998 General

11  Appropriations Act for the St. Augustine Preservation Board,

12  to enter into contracts with the City of St. Augustine to

13  continue the operations and maintenance of historic

14  properties.

15

16         Reviser's note.--Amended to improve clarity and

17         sentence construction.

18

19         Section 53.  Effective October 1, 2001, section

20  267.171, Florida Statutes, as amended by section 2 of chapter

21  2000-208, Laws of Florida, is amended to read:

22         267.171  St. Augustine; contract for preservation of

23  historic properties.--The Department of State shall contract

24  with the City of St. Augustine for the management of the

25  various state-owned properties presently managed by the

26  Historic St. Augustine Preservation Board of Trustees.  The

27  contract shall provide that the City of St. Augustine may use

28  all proceeds derived from the management of state-owned

29  properties for the purpose of maintaining the state-owned

30  buildings and advancing historic preservation in the City of

31  St. Augustine.  The Department of State may transfer ownership

                                  75

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  of and responsibility for to any artifacts, documents,

  2  equipment, and other forms of tangible personal property to

  3  the City of St. Augustine to assist the city in the transition

  4  of the management of state-owned properties.

  5

  6         Reviser's note.--Amended to improve clarity and

  7         sentence construction.

  8

  9         Section 54.  Subsections (1) and (9) of section

10  282.303, Florida Statutes, are amended to read:

11         282.303  Definitions.--For the purposes of ss.

12  282.303-282.322, the term:

13         (1)  "Agency" means those entities described in s.

14  216.011(1)(qq) 216.011(1)(mm).

15         (9)  "State Annual Report on Enterprise Resource

16  Planning and Management" means the report prepared by the

17  State Technology Office as defined in s. 282.102 282.3093.

18

19         Reviser's note.--Subsection (1) is amended to

20         conform to the redesignation of subunits in s.

21         216.011 by s. 1, ch. 2000-371, Laws of Florida.

22         Subsection (9) is amended to conform to the

23         repeal of s. 282.3093 by s. 29, ch. 2000-164,

24         Laws of Florida, and the revision to s. 282.102

25         by s. 5, ch. 2000-164.

26

27         Section 55.  Subsections (1) and (3) of section 283.33,

28  Florida Statutes, are amended to read:

29         283.33  Printing of publications; lowest bidder

30  awards.--

31

                                  76

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (1)  Publications may be printed and prepared in-house,

  2  by another agency or the Legislature, or purchased on bid,

  3  whichever is more economical and practicable as determined by

  4  the agency.  An agency may contract for binding separately

  5  when more economical or practicable, whether or not the

  6  remainder of the printing is done in-house.  A bidder may

  7  subcontract for binding and still be considered a qualified

  8  bidder or offeror, notwithstanding s. 287.012(13) 287.012(10).

  9         (3)  Except as otherwise provided for in this part, a

10  contract for printing of a publication shall be subject to the

11  provisions of s. 287.062 and, when applicable, the definitions

12  in s. 287.012, and shall be considered a commodity for that

13  purpose.

14

15         Reviser's note.--Subsection (1) is amended to

16         conform to the redesignation of subunits of s.

17         287.012 by s. 11, ch. 90-268, Laws of Florida;

18         s. 15, ch. 92-98, Laws of Florida; s. 107, ch.

19         92-142, Laws of Florida; and s. 8, ch. 96-236,

20         Laws of Florida. Subsection (3) is amended to

21         conform to the repeal of s. 287.062 by s. 33,

22         ch. 90-268.

23

24         Section 56.  Subsection (3) of section 285.18, Florida

25  Statutes, is amended to read:

26         285.18  Tribal council as governing body; powers and

27  duties.--

28         (3)  The law enforcement agencies of the Seminole Tribe

29  of Florida and the Miccosukee Tribe of Indians of Florida

30  shall have the authority of "criminal justice agencies" as

31  defined in s. 943.045(10)(e) 943.045(10)(c) and shall have the

                                  77

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  specific authority to negotiate agreements with the Florida

  2  Department of Law Enforcement, the United States Department of

  3  Justice, and other federal law enforcement agencies for access

  4  to criminal history records for the purpose of conducting

  5  ongoing criminal investigations and for the following

  6  governmental purposes:

  7         (a)  Background investigations, which are required for

  8  employment by a tribal education program, tribal Head Start

  9  program, or tribal day care program as may be required by

10  state or federal law.

11         (b)  Background investigations, which are required for

12  employment by tribal law enforcement agencies.

13         (c)  Background investigations, which are required for

14  employment by a tribal government.

15         (d)  Background investigations with respect to all

16  employees, primary management officials, and all persons

17  having a financial interest in a class II Indian tribal gaming

18  enterprise to ensure eligibility as provided in the Indian

19  Gaming Regulatory Act, 25 U.S.C. ss. 2701 et al.

20

21  With regard to those investigations authorized in paragraphs

22  (a), (c), and (d), each such individual shall file a complete

23  set of his or her fingerprints that have been taken by an

24  authorized law enforcement officer, which set of fingerprints

25  shall be submitted to the Department of Law Enforcement for

26  state processing and to the Federal Bureau of Investigation

27  for federal processing. The cost of processing shall be borne

28  by the applicant.

29

30         Reviser's note.--Amended to conform to the

31         redesignation of s. 943.045(10)(c) as s.

                                  78

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         943.045(10)(d) by s. 88, ch. 94-209, Laws of

  2         Florida, and the further redesignation of s.

  3         943.045(10)(d) as s. 943.045(10)(e) by s. 162,

  4         ch. 98-403, Laws of Florida.

  5

  6         Section 57.  Paragraph (c) of subsection (4) of section

  7  287.042, Florida Statutes, is amended to read:

  8         287.042  Powers, duties, and functions.--The department

  9  shall have the following powers, duties, and functions:

10         (4)  To establish a system of coordinated, uniform

11  procurement policies, procedures, and practices to be used by

12  agencies in acquiring commodities and contractual services,

13  which shall include, but not be limited to:

14         (c)  Development of procedures for the receipt and

15  opening of bids or proposals by an agency. Such procedures

16  shall provide the Office of Supplier Diversity an opportunity

17  to monitor and ensure that the contract award is consistent

18  with the original request for proposal or invitation to bid,

19  in accordance with s. 287.09451(4) 287.0945(6), and subject to

20  the review of bid responses within standard timelines.

21

22         Reviser's note.--Amended to conform to the

23         repeal of s. 287.0945 by s. 27, ch. 96-320,

24         Laws of Florida, and the creation of s.

25         287.09451, which relates to the same subject

26         matter, by s. 28, ch. 96-320. Material formerly

27         found in s. 287.0945(6) now appears in s.

28         287.09451(4).

29

30         Section 58.  Subsection (9) of section 287.055, Florida

31  Statutes, is repealed, paragraph (d) of subsection (3) of that

                                  79

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  section is amended, and paragraph (b) of subsection (4) of

  2  that section, as amended by s. 23, ch. 85-104, Laws of

  3  Florida, is reenacted to read:

  4         287.055  Acquisition of professional architectural,

  5  engineering, landscape architectural, or surveying and mapping

  6  services; definitions; procedures; contingent fees prohibited;

  7  penalties.--

  8         (3)  PUBLIC ANNOUNCEMENT AND QUALIFICATION

  9  PROCEDURES.--

10         (d)  Each agency shall evaluate professional services,

11  including capabilities, adequacy of personnel, past record,

12  experience, whether the firm is a certified minority business

13  enterprise as defined by the Florida Small and Minority

14  Business Assistance Act of 1985, and other factors determined

15  by the agency to be applicable to its particular requirements.

16  When securing professional services, an agency must endeavor

17  to meet the minority business enterprise procurement goals

18  under s. 287.09451 287.0945.

19         (4)  COMPETITIVE SELECTION.--

20         (b)  The agency shall select in order of preference no

21  fewer than three firms deemed to be the most highly qualified

22  to perform the required services. In determining whether a

23  firm is qualified, the agency shall consider such factors as

24  the ability of professional personnel; whether a firm is a

25  certified minority business enterprise; past performance;

26  willingness to meet time and budget requirements; location;

27  recent, current, and projected workloads of the firms; and the

28  volume of work previously awarded to each firm by the agency,

29  with the object of effecting an equitable distribution of

30  contracts among qualified firms, provided such distribution

31  does not violate the principle of selection of the most highly

                                  80

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  qualified firms. The agency may request, accept, and consider

  2  proposals for the compensation to be paid under the contract

  3  only during competitive negotiations under subsection (5).

  4

  5         Reviser's note.--Paragraph (3)(d) is amended to

  6         conform to the repeal of s. 287.0945 by s. 27,

  7         ch. 96-320, Laws of Florida, and the creation

  8         of s. 287.09451, which relates to the same

  9         subject matter, by s. 28, ch. 96-320. Paragraph

10         (4)(b) is reenacted to confirm the continued

11         existence of amendments to that paragraph by s.

12         23, ch. 85-104, Laws of Florida, despite the

13         October 1, 1995, repeal of s. 23, ch. 85-104,

14         by s. 32, ch. 85-104. Subsection (9), which

15         relates to validity of contracts in existence

16         on July 1, 1973, has served its purpose.

17

18         Section 59.  Subsection (6) of section 287.057, Florida

19  Statutes, is amended to read:

20         287.057  Procurement of commodities or contractual

21  services.--

22         (6)(a)  In order to strive to meet the minority

23  business enterprise procurement goals set forth in s.

24  287.09451 287.0945, an agency may reserve any contract for

25  competitive sealed bidding only among certified minority

26  business enterprises. Agencies shall review all their

27  contracts each fiscal year and shall determine which contracts

28  may be reserved for bidding only among certified minority

29  business enterprises. This reservation may only be used when

30  it is determined, by reasonable and objective means, before

31  the invitation to bid that there are capable, qualified

                                  81

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  certified minority business enterprises available to bid on a

  2  contract to provide for effective competition. The Office of

  3  Supplier Diversity shall consult with any agency in reaching

  4  such determination when deemed appropriate.

  5         (b)  Before a contract may be reserved for bidding only

  6  by certified minority business enterprises, the agency head

  7  must find that such a reservation is in the best interests of

  8  the state. All determinations shall be subject to s.

  9  287.09451(5) 287.0945(7). Once a decision has been made to

10  reserve a contract, but before sealed bids are requested, the

11  agency shall estimate what it expects the amount of the

12  contract to be, based on the nature of the services or

13  commodities involved and their value under prevailing market

14  conditions. If all the sealed bids received are over this

15  estimate, the agency may reject the bids and request new ones

16  from certified minority business enterprises, or the agency

17  may reject the bids and reopen the bidding to all eligible

18  qualified bidders.

19         (c)  All agencies shall consider the use of price

20  preferences of up to 10 percent, weighted preference formulas,

21  or other preferences for contractors as determined appropriate

22  pursuant to guidelines established in accordance with s.

23  287.09451(4) 287.0945(6) to increase the participation of

24  minority business enterprises.

25         (d)  All agencies shall avoid any undue concentration

26  of contracts or purchases in categories of commodities or

27  contractual services in order to meet the minority business

28  enterprise purchasing goals in s. 287.09451 287.0945.

29

30         Reviser's note.--Amended to conform to the

31         repeal of s. 287.0945 by s. 27, ch. 96-320,

                                  82

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Laws of Florida, and the creation of s.

  2         287.09451, which relates to the same subject

  3         matter, by s. 28, ch. 96-320.

  4

  5         Section 60.  Paragraph (e) of subsection (3), paragraph

  6  (a) of subsection (6), and subsection (12) of section

  7  287.0943, Florida Statutes, are amended to read:

  8         287.0943  Certification of minority business

  9  enterprises.--

10         (3)

11         (e)  Any participating program receiving three or more

12  challenges to its certification decisions pursuant to

13  subsection (4) subsection (3) from other organizations that

14  are executors to the statewide and interlocal agreement, shall

15  be subject to a review by the office, as provided in

16  paragraphs (a) and (b), of the organization's capacity to

17  perform under such agreement and in accordance with the core

18  criteria established by the task force. The office shall

19  submit a report to the secretary of the Department of

20  Management Services regarding the results of the review.

21         (6)(a)  The office shall maintain up-to-date records of

22  all certified minority business enterprises, as defined in s.

23  288.703, and of applications for certification that were

24  denied and shall make this list available to all agencies. The

25  office shall, for statistical purposes, collect and track

26  subgroupings of gender and nationality status for each

27  certified minority business enterprise. Agency spending shall

28  also be tracked for these subgroups. The records may include

29  information about minority business enterprises that provide

30  legal services, auditing services, and health services.

31  Agencies shall use this list in efforts to meet the minority

                                  83

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  business enterprise procurement goals set forth in s.

  2  287.09451 289.09451.

  3         (12)  Any executor of the statewide and interlocal

  4  agreement may revoke the certification or recertification of a

  5  firm doing business as a certified minority business

  6  enterprise if the minority business enterprise does not meet

  7  the requirements of the jurisdiction or certifying entity that

  8  certified or recertified the firm as a certified minority

  9  business enterprise, or the requirements of subsection (2)

10  subsection (1), s. 288.703, and any rule of the office or the

11  Department of Management Services or if the business acquired

12  certification or recertification by means of falsely

13  representing any entity as a minority business enterprise for

14  purposes of qualifying for certification or recertification.

15

16         Reviser's note.--Paragraph (3)(e) and

17         subsection (12) were amended to conform to the

18         redesignation of subunits by s. 2, ch.

19         2000-286, Laws of Florida. Paragraph (6)(a) was

20         amended to correct an apparent error. Section

21         289.09451 does not exist; s. 287.09451 relates

22         to minority business enterprise procurement

23         goals.

24

25         Section 61.  Paragraph (d) of subsection (2) of section

26  288.012, Florida Statutes, is amended to read:

27         288.012  State of Florida foreign offices.--The

28  Legislature finds that the expansion of international trade

29  and tourism is vital to the overall health and growth of the

30  economy of this state. This expansion is hampered by the lack

31  of technical and business assistance, financial assistance,

                                  84

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  and information services for businesses in this state. The

  2  Legislature finds that these businesses could be assisted by

  3  providing these services at State of Florida foreign offices.

  4  The Legislature further finds that the accessibility and

  5  provision of services at these offices can be enhanced through

  6  cooperative agreements or strategic alliances between state

  7  entities, local entities, foreign entities, and private

  8  businesses.

  9         (2)  Each foreign office shall have in place an

10  operational plan approved by the participating boards or other

11  governing authority, a copy of which shall be provided to the

12  Office of Tourism, Trade, and Economic Development.  These

13  operating plans shall be reviewed and updated each fiscal year

14  and shall include, at a minimum, the following:

15         (d)  Identification of new and emerging market

16  opportunities for Florida businesses.  Each foreign office

17  shall provide the Florida Trade Data Center with a compilation

18  of foreign buyers and importers in industry sector priority

19  areas on an annual basis.  In return, the Florida Trade Data

20  Center shall make available to each foreign office, and to

21  Enterprise Florida, Inc., the Florida Commission on Tourism,

22  the Florida Ports Council, the Department of State, the

23  Department of Citrus, and the Department of Agriculture and

24  Consumer Services, trade industry, commodity, and opportunity

25  information.  This information shall be provided to such

26  offices and entities either free of charge or on a fee basis

27  with fees set only to recover the costs of providing the

28  information.

29

30

31

                                  85

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Amended to conform to the

  2         correct title of the department as created in

  3         s. 20.14.

  4

  5         Section 62.  Paragraph (i) of subsection (1) of section

  6  288.106, Florida Statutes, is amended to read:

  7         288.106  Tax refund program for qualified target

  8  industry businesses.--

  9         (1)  DEFINITIONS.--As used in this section:

10         (i)  "Jobs" means full-time equivalent positions, as

11  such terms are consistent with terms used by the Department of

12  Labor and Employment Security and the United States Department

13  of Labor for purposes of unemployment compensation tax

14  administration and employment estimation, resulting directly

15  from a project in this state. This number shall not include

16  temporary construction jobs involved with the construction of

17  facilities for the project or any jobs which have previously

18  been included in any application for tax refunds under s.

19  288.1045 288.104 or this section.

20

21         Reviser's note.--Amended to conform to the

22         repeal of s. 288.104, which provided for the

23         qualified defense contractor tax refund

24         program, by s. 8, ch. 96-348, Laws of Florida,

25         and the creation of s. 288.1045, which provides

26         for the qualified defense contractor tax refund

27         program, by s. 1, ch. 96-348.

28

29         Section 63.  Subsections (1), (2), and (3) of section

30  288.1066, Florida Statutes, are amended to read:

31         288.1066  Confidentiality of records.--

                                  86

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (1)  The following information when received by the

  2  Department of Commerce; the Office of Tourism, Trade, and

  3  Economic Development; Enterprise Florida, Inc.; or county or

  4  municipal governmental entities and their employees pursuant

  5  to the qualified defense contractor tax refund program as

  6  required by s. 288.1045 is confidential and exempt from the

  7  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  8  Constitution for a period not to exceed the duration of the

  9  tax refund agreement or 10 years, whichever is earlier:

10         (a)  The applicant's federal employer identification

11  number and Florida sales tax registration number.

12         (b)  The percentage of the applicant's gross receipts

13  derived from Department of Defense contracts during the 5

14  taxable years immediately preceding the date the application

15  is submitted.

16         (c)  The amount of:

17         1.  Taxes on sales, use, and other transactions paid

18  pursuant to chapter 212;

19         2.  Corporate income taxes paid pursuant to chapter

20  220;

21         3.  Intangible personal property taxes paid pursuant to

22  chapter 199;

23         4.  Emergency excise taxes paid pursuant to chapter

24  221; and

25         5.  Ad valorem taxes paid

26

27  during the 5 fiscal years immediately preceding the date of

28  the application, and the projected amounts of such taxes to be

29  due in the 3 fiscal years immediately following the date of

30  the application.

31

                                  87

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (d)  Any trade secret information as defined in s.

  2  812.081 contained within any statement concerning the

  3  applicant's need for tax refunds or concerning the proposed

  4  uses of such refunds by the applicant.

  5         (2)  The following information when received by the

  6  Department of Commerce; the Office of Tourism, Trade, and

  7  Economic Development; Enterprise Florida, Inc.; or county or

  8  municipal governmental entities and their employees pursuant

  9  to the qualified target industry tax refund program as

10  required by s. 288.106 is confidential and exempt from the

11  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution for a period not to exceed the duration of the

13  tax refund agreement or 10 years, whichever is earlier:

14         (a)  The applicant's federal employer identification

15  number and Florida sales tax registration number.

16         (b)  Any trade secret information as defined in s.

17  812.081 contained within any description of the type of

18  business activity or product covered by the project.

19         (c)  The anticipated wages of those jobs projected to

20  be created by the project.

21         (d)  The amount of:

22         1.  Taxes on sales, use, and other transactions paid

23  pursuant to chapter 212;

24         2.  Corporate income taxes paid pursuant to chapter

25  220;

26         3.  Intangible personal property taxes paid pursuant to

27  chapter 199;

28         4.  Emergency excise taxes paid pursuant to chapter

29  221; and

30         5.  Ad valorem taxes paid

31

                                  88

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  during the 5 fiscal years immediately preceding the date of

  2  the application, and the projected amounts of such taxes to be

  3  due in the 3 fiscal years immediately following the date of

  4  the application.

  5         (e)  Any trade secret information as defined in s.

  6  812.081 contained within any statement concerning the role

  7  that the tax refunds requested will play in the decision of

  8  the applicant to locate or expand in this state.

  9         (f)  An estimate of the proportion of the sales

10  resulting from the project that will be made outside this

11  state.

12         (3)  Nothing contained in this section shall prevent

13  the Department of Commerce; the Office of Tourism, Trade, and

14  Economic Development; Enterprise Florida, Inc.; or any county

15  or municipal governmental entity receiving the information

16  described in this section from publishing statistics in the

17  aggregate and so classified as to prevent the identification

18  of a single qualified applicant.

19

20         Reviser's note.--Amended to conform to the

21         repeal of s. 20.17, which created the

22         Department of Commerce, by ch. 96-320, Laws of

23         Florida.

24

25         Section 64.  Subsection (1) of section 288.1167,

26  Florida Statutes, is amended to read:

27         288.1167  Sports franchise contract provisions for food

28  and beverage concession and contract awards to minority

29  business enterprises.--Any applicant who receives funding

30  pursuant to the provisions of s. 212.20 must demonstrate that:

31

                                  89

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (1)  Funds and facilities with respect to food and

  2  beverage and related concessions shall be awarded to minority

  3  business enterprises as defined in s. 288.703 on the same

  4  terms and conditions as the general food and beverage

  5  concessionaire and in accordance with the minority business

  6  enterprise procurement goals set forth in s. 287.09451

  7  287.0945;

  8

  9         Reviser's note.--Amended to conform to the

10         repeal of s. 287.0945 by s. 27, ch. 96-320,

11         Laws of Florida, and the creation of s.

12         287.09451, which relates to the same subject

13         matter, by s. 28, ch. 96-320.

14

15         Section 65.  Subsection (6) of section 288.1169,

16  Florida Statutes, is amended to read:

17         288.1169  International Game Fish Association World

18  Center facility; department duties.--

19         (6)  The Department of Commerce must recertify every 10

20  years that the facility is open, that the International Game

21  Fish Association World Center continues to be the only

22  international administrative headquarters, fishing museum, and

23  Hall of Fame in the United States recognized by the

24  International Game Fish Association, and that the project is

25  meeting the minimum projections for attendance or sales tax

26  revenues as required at the time of original certification.

27  If the facility is not recertified during this 10-year review

28  as meeting the minimum projections, then funding will be

29  abated until certification criteria are met.  If the project

30  fails to generate $1 million of annual revenues pursuant to

31  paragraph (2)(e), the distribution of revenues pursuant to s.

                                  90

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  212.20(6)(e)7.d. 212.20(6)(e)6.c. shall be reduced to an

  2  amount equal to $83,333 multiplied by a fraction, the

  3  numerator of which is the actual revenues generated and the

  4  denominator of which is $1 million.  Such reduction shall

  5  remain in effect until revenues generated by the project in a

  6  12-month period equal or exceed $1 million.

  7

  8         Reviser's note.--Amended to conform to the

  9         redesignation of subunits of s. 212.20 incident

10         to the compiling of the Florida Statutes 2000.

11

12         Section 66.  Subsection (7) and paragraph (g) of

13  subsection (8) of section 288.1229, Florida Statutes, are

14  amended to read:

15         288.1229  Promotion and development of sports-related

16  industries and amateur athletics; direct-support organization;

17  powers and duties.--

18         (7)  In exercising the power provided in this section,

19  the Office of Tourism, Trade, and Economic Development may

20  authorize and contract with the direct-support organization

21  existing on June 30, 1996, and authorized by the former

22  Florida Department of Commerce to promote sports-related

23  industries. An appointed member of the board of directors of

24  such direct-support organization as of June 30, 1996, may

25  serve the remainder of his or her unexpired term.

26         (8)  To promote amateur sports and physical fitness,

27  the direct-support organization shall:

28         (g)  Continue the successful amateur sports programs

29  previously conducted by the Florida Governor's Council on

30  Physical Fitness and Amateur Sports created under former s.

31  14.22.

                                  91

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--Subsection (7) is amended to

  2         conform to the repeal of s. 20.17, which

  3         created the Department of Commerce, by s. 3,

  4         ch. 96-320, Laws of Florida. Paragraph (8)(g)

  5         is amended to conform to the repeal of s. 14.22

  6         by s. 10, ch. 99-251, Laws of Florida.

  7

  8         Section 67.  Section 288.125, Florida Statutes, is

  9  amended to read:

10         288.125  Definition of "entertainment industry".--For

11  the purposes of ss. 288.1251-288.1258 288.1251-288.1253, the

12  term "entertainment industry" means those persons or entities

13  engaged in the operation of motion picture or television

14  studios or recording studios; those persons or entities

15  engaged in the preproduction, production, or postproduction of

16  motion pictures, made-for-TV motion pictures, television

17  series, commercial advertising, music videos, or sound

18  recordings; and those persons or entities providing products

19  or services directly related to the preproduction, production,

20  or postproduction of motion pictures, made-for-TV motion

21  pictures, television series, commercial advertising, music

22  videos, or sound recordings, including, but not limited to,

23  the broadcast industry.

24

25         Reviser's note.--Amended to facilitate correct

26         interpretation. Section 288.1258, relating to

27         the entertainment industry, was created by s.

28         1, ch. 2000-182, Laws of Florida.

29

30         Section 68.  Subsection (1) of section 288.7771,

31  Florida Statutes, is repealed.

                                  92

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         Reviser's note.--The repealed provision

  2         required the annual report of the Florida

  3         Export Finance Corporation to include the

  4         evaluation required by s. 288.7772(1), which

  5         was repealed by s. 44, ch. 2000-158, Laws of

  6         Florida.

  7

  8         Section 69.  Subsection (12) of section 290.0056,

  9  Florida Statutes, is amended to read:

10         290.0056  Enterprise zone development agency.--

11         (12)  In the event that the nominated area selected by

12  the governing body is not designated a state enterprise zone,

13  the governing body may dissolve the agency after receiving

14  notification from the department or the office that the area

15  was not designated as an enterprise zone.

16

17         Reviser's note.--Amended to conform to the

18         repeal of s. 20.17, which created the

19         Department of Commerce, by s. 3, ch. 96-320,

20         Laws of Florida.

21

22         Section 70.  Subsections (1) and (5) of section

23  290.0058, Florida Statutes, are amended to read:

24         290.0058  Tests of pervasive poverty, unemployment, and

25  general distress.--

26         (1)  In determining whether an area suffers from

27  pervasive poverty, unemployment, and general distress, for

28  purposes of ss. 290.0055 and 290.0065, the governing body and

29  the Office of Tourism, Trade, and Economic Development

30  department shall use data from the most current decennial

31  census, and from information published by the Bureau of the

                                  93

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Census and the Bureau of Labor Statistics. The data shall be

  2  comparable in point or period of time and methodology

  3  employed.

  4         (5)  In making the calculations required by this

  5  section, the local government and the Office of Tourism,

  6  Trade, and Economic Development department shall round all

  7  fractional percentages of one-half percent or more up to the

  8  next highest whole percentage figure.

  9

10         Reviser's note.--Amended to conform to the

11         repeal of s. 20.17, which created the

12         Department of Commerce, by s. 3, ch. 96-320,

13         Laws of Florida, and the assumption of the

14         department's duties concerning enterprise zones

15         by the Office of Tourism, Trade, and Economic

16         Development pursuant to ch. 96-320.

17

18         Section 71.  Paragraph (a) of subsection (4) of section

19  290.0065, Florida Statutes, is amended to read:

20         290.0065  State designation of enterprise zones.--

21         (4)(a)  Notwithstanding s. 290.0055, any area existing

22  as a state enterprise zone as of the effective date of this

23  section and originally approved through a joint application

24  from a county and municipality, or through an application from

25  a county as defined in s. 125.011(1), shall be redesignated as

26  a state enterprise zone upon the creation of an enterprise

27  zone development agency pursuant to s. 290.0056 and the

28  completion of a strategic plan pursuant to s. 290.0057.  Any

29  area redesignated pursuant to this subsection, other than an

30  area located in a county defined in s. 125.011(1), may be

31  relocated or modified by the appropriate governmental bodies.

                                  94

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  Such relocation or modification shall be identified in the

  2  strategic plan and shall meet the requirements for designation

  3  as established by former s. 290.005. Any relocation or

  4  modification shall be submitted on or before June 1, 1996.

  5

  6         Reviser's note.--Amended to conform to the

  7         repeal of s. 290.005 by s. 20, ch. 94-136, Laws

  8         of Florida.

  9

10         Section 72.  Subsection (8) of section 290.007, Florida

11  Statutes, is amended to read:

12         290.007  State incentives available in enterprise

13  zones.--The following incentives are provided by the state to

14  encourage the revitalization of enterprise zones:

15         (8)  Notwithstanding any law to the contrary, the

16  Public Service Commission may allow public utilities and

17  telecommunications companies to grant discounts of up to 50

18  percent on tariffed rates for services to small businesses

19  located in an enterprise zone designated pursuant to s.

20  290.0065. Such discounts may be granted for a period not to

21  exceed 5 years. For purposes of this subsection, "public

22  utility" has the same meaning as in s. 366.02(1) and

23  "telecommunications company" has the same meaning as in s.

24  364.02(12) 364.02(7).

25

26         Reviser's note.--Amended to conform to the

27         redesignation of s. 364.02(7) as s. 364.02(12)

28         by s. 6, ch. 95-403, Laws of Florida.

29

30         Section 73.  Subsection (7) of section 320.0848,

31  Florida Statutes, is amended to read:

                                  95

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         320.0848  Persons who have disabilities; issuance of

  2  disabled parking permits; temporary permits; permits for

  3  certain providers of transportation services to persons who

  4  have disabilities.--

  5         (7)  Any person who fraudulently obtains or unlawfully

  6  displays a disabled parking permit that belongs to another

  7  person while occupying a disabled parking space or an access

  8  aisle as defined in s. 553.5041 316.1955 while the owner of

  9  the permit is not being transported in the vehicle or who uses

10  an unauthorized replica of such a disabled parking permit with

11  the intent to deceive is guilty of a misdemeanor of the second

12  degree, punishable as provided in s. 775.082 or s. 775.083.

13

14         Reviser's note.--Amended to conform to the

15         deletion of the references to disabled parking

16         spaces and access aisles from s. 316.1955 by s.

17         16, ch. 2000-141, Laws of Florida, and the

18         definition of those terms in s. 553.5041,

19         created by s. 66, ch. 2000-141.

20

21         Section 74.  Subsection (2) of section 320.20, Florida

22  Statutes, is amended to read:

23         320.20  Disposition of license tax moneys.--The revenue

24  derived from the registration of motor vehicles, including any

25  delinquent fees and excluding those revenues collected and

26  distributed under the provisions of s. 320.081, must be

27  distributed monthly, as collected, as follows:

28         (2)  Twenty-five million dollars per year of such

29  revenues must be deposited in the State Transportation Trust

30  Fund, with priority use assigned to completion of the

31  interstate highway system.  However, any excess funds may be

                                  96

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  utilized for general transportation purposes, consistent with

  2  the Department of Transportation's legislatively approved

  3  objectives.  Prior to such utilization, the department's

  4  comptroller shall certify that adequate funds are available to

  5  assure expeditious completion of the interstate highway system

  6  and to award all such contracts by 1990.

  7

  8         Reviser's note.--Amended to delete obsolete

  9         language requiring contracts to be awarded by

10         1990.

11

12         Section 75.  Subsection (5) of section 320.27, Florida

13  Statutes, is amended to read:

14         320.27  Motor vehicle dealers.--

15         (5)  SUPPLEMENTAL LICENSE.--Any person licensed

16  hereunder shall obtain a supplemental license for each

17  permanent additional place or places of business not

18  contiguous to the premises for which the original license is

19  issued, on a form to be furnished by the department, and upon

20  payment of a fee of $50 for each such additional location.

21  Upon making renewal applications for such supplemental

22  licenses, such applicant shall pay $50 for each additional

23  location. A supplemental license authorizing off-premises

24  sales shall be issued, at no charge to the dealer, for a

25  period not to exceed 10 consecutive calendar days. To obtain

26  such a temporary supplemental license for off-premises sales,

27  the applicant must be a licensed dealer; must notify the

28  applicable local department office of the specific dates and

29  location for which such license is requested, display a sign

30  at the licensed location clearly identifying the dealer, and

31  provide staff to work at the temporary location for the

                                  97

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  duration of the off-premises sale; must meet any local

  2  government permitting requirements; and must have permission

  3  of the property owner to sell at that location. In the case of

  4  an off-premises sale by a motor vehicle dealer licensed under

  5  subparagraph (1)(c)1. for the sale of new motor vehicles, the

  6  applicant must also include documentation notifying the

  7  applicable licensee licensed under s. 320.61 of the intent to

  8  engage in an off-premises sale 5 working days prior to the

  9  date of the off-premises sale. The licensee shall either

10  approve or disapprove of the off-premises sale within with 2

11  working days after receiving notice; otherwise, it will be

12  deemed approved. This section does not apply to a nonselling

13  motor vehicle show or public display of new motor vehicles.

14

15         Reviser's note.--Amended to improve clarity and

16         to facilitate correct interpretation.

17

18         Section 76.  Subsection (1) of section 322.051, Florida

19  Statutes, is reenacted to read:

20         322.051  Identification cards.--

21         (1)  Any person who is 12 years of age or older, or any

22  person who has a disability, regardless of age, who applies

23  for a disabled parking permit under s. 320.0848, may be issued

24  an identification card by the department upon completion of an

25  application and payment of an application fee.

26         (a)  Each such application shall include the following

27  information regarding the applicant:

28         1.  Full name (first, middle or maiden, and last),

29  gender, social security card number, residence and mailing

30  address, and a brief description.

31         2.  Proof of birth date satisfactory to the department.

                                  98

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         3.  Proof of identity satisfactory to the department.

  2  Such proof must include one of the following unless a driver's

  3  license record or identification card record has already been

  4  established: a certified copy of a United States birth

  5  certificate, a valid United States passport, an alien

  6  registration receipt card (green card), an employment

  7  authorization card issued by the United States Department of

  8  Justice, or proof of nonimmigrant classification provided by

  9  the United States Department of Justice, for an original

10  identification card.

11         (b)  An application for an identification card must be

12  signed and verified by the applicant in a format designated by

13  the department before a person authorized to administer oaths.

14  The fee for an identification card is $3, including payment

15  for the color photograph or digital image of the applicant.

16

17         Reviser's note.--Section 35, ch. 2000-313, Laws

18         of Florida, purported to amend paragraph

19         (1)(a), but failed to republish the

20         introductory paragraph of this subsection. In

21         the absence of affirmative evidence that the

22         Legislature intended to repeal the language,

23         subsection (1) is reenacted to confirm that the

24         omission was not intended.

25

26         Section 77.  Paragraph (b) of subsection (4) of section

27  323.001, Florida Statutes, is amended to read:

28         323.001  Wrecker operator storage facilities; vehicle

29  holds.--

30         (4)  The requirements for a written hold apply when the

31  following conditions are present:

                                  99

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         (b)  The officer has probable cause to believe the

  2  vehicle should be seized and forfeited under s. 372.312

  3  370.442;

  4

  5         Reviser's note.--Amended to correct an apparent

  6         error; s. 370.442 does not exist. Section

  7         372.312 provides for forfeiture proceedings

  8         relating to violations of chapter 372. An

  9         earlier version of 2000 H.B. 1071 had proposed

10         a transfer of s. 372.312 to s. 370.442. The

11         proposed transfer was eliminated when 2000 H.B.

12         1071 was added to 2000 C.S. for S.B. 186

13         without deleting the cross-reference change

14         made in s. 323.001.

15

16         Section 78.  Subsection (3) of section 328.16, Florida

17  Statutes, is amended to read:

18         328.16  Issuance in duplicate; delivery; liens and

19  encumbrances.--

20         (3)  Except as provided in s. 328.15(11) 328.15(12),

21  the certificate of title shall be retained by the first

22  lienholder.  The first lienholder is entitled to retain the

23  certificate until the first lien is satisfied.

24

25         Reviser's note.--Amended to conform to the

26         repeal of former s. 328.15(10) by s. 39, ch.

27         2000-313, Laws of Florida.

28

29         Section 79.  Subsection (1) of section 331.304, Florida

30  Statutes, is amended to read:

31

                                 100

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1         331.304  Spaceport territory.--The following property

  2  shall constitute spaceport territory:

  3         (1)  Certain real property located in Brevard County

  4  that is included within the 1998 boundaries of Patrick Air

  5  Force Base, Cape Canaveral Air Force Station, or John F.

  6  Kennedy Space Center.

  7

  8         Reviser's note.--Amended to conform to the full

  9         title of the Cape Canaveral Air Force Station

10         and to improve clarity.

11

12         Section 80.  Paragraph (c) of subsection (3) of section

13  333.07, Florida Statutes, is repealed.

14

15         Reviser's note.--The cited provision required

16         existing airport lighting and marking of

17         structures not in compliance with Department of

18         Transportation Standards on October 1, 1988, to

19         comply whenever refurbished or within 5 years

20         of October 1, 1988, whichever came first.

21

22         Section 81.  Section 348.7543, Florida Statutes, is

23  amended to read:

24         348.7543  Improvements, bond financing authority

25  for.--Pursuant to s. 11(f) 11(e), Art. VII of the State

26  Constitution, the Legislature hereby approves for bond

27  financing by the Orlando-Orange County Expressway Authority

28  improvements to toll collection facilities, interchanges to

29  the legislatively approved expressway system, and any other

30  facility appurtenant, necessary, or incidental to the approved

31  system.  Subject to terms and conditions of applicable revenue

                                 101

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






    Florida Senate - 2001        (NP)                       SB 278
    rb01-2




  1  bond resolutions and covenants, such financing may be in whole

  2  or in part by revenue bonds currently issued, issued in the

  3  future, or by a combination of such bonds.

  4

  5         Reviser's note.--Amended to conform to the

  6         redesignation of s. 11(e), Art. VII of the

  7         State Constitution, as s. 11(f) necessitated by

  8         the creation of a new s. 11(e) by Revision No.

  9         5 (1998).

10

11         Section 82.  Subsection (5) of section 348.83, Florida

12  Statutes, is repealed.

13

14         Reviser's note.--The cited provision required

15         the Pasco County Expressway Authority to

16         reevaluate all projects planned as of July 1,

17         1969, and required a referendum to continue

18         projects subject to the provision.

19

20         Section 83.  Paragraph (b) of subsection (4) of section

21  364.025, Florida Statutes, is repealed.

22

23         Reviser's note.--The cited paragraph concerns a

24         report relating to cost of establishing a

25         permanent universal service mechanism to be

26         submitted by February 15, 1999, to the

27         President of the Senate and the Speaker of the

28         House of Representatives.

29

30

31

                                 102

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