House Bill hb0501
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Florida House of Representatives - 2001 HB 501
By Representative Brummer
1 A bill to be entitled
2 An act relating to abolishment of boards,
3 commissions, councils, and other entities;
4 repealing s. 14.203, F.S., to abolish the State
5 Council on Competitive Government; repealing s.
6 24.106, F.S., to abolish the State Lottery
7 Commission; repealing s. 24.103(3), F.S., to
8 delete the definition of "commission," to
9 conform; amending ss. 24.105, 24.108, and
10 24.123, F.S.; deleting references to the State
11 Lottery Commission, to conform; repealing ss.
12 121.22, 121.23, 121.231, and 121.24, F.S., to
13 abolish the State Retirement Commission and
14 delete provisions relating to its duties;
15 amending ss. 121.0515 and 121.091, F.S.;
16 transferring to the Department of Management
17 Services duties of the State Retirement
18 Commission and revising cross references, to
19 conform; repealing s. 228.054, F.S., to abolish
20 the Joint Developmental Research School
21 Planning, Articulation, and Evaluation
22 Committee; amending s. 228.053, F.S.;
23 transferring to the Commissioner of Education
24 duties of the Joint Developmental Research
25 School Planning, Articulation, and Evaluation
26 Committee relating to the securing of waivers
27 to the Florida School Code, to conform;
28 amending s. 228.2001, F.S.; deleting provisions
29 authorizing the Task Force on Gender Equity in
30 Education; amending s. 230.2305, F.S., and
31 repealing subsection (7), relating to district
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1 interagency coordinating councils on early
2 childhood services, to abolish the councils and
3 delete provisions relating to their duties;
4 transferring to the Department of Education
5 duties of the district interagency coordinating
6 councils, to conform; amending ss. 230.2303,
7 230.2306, 402.3015, 409.178, and 411.01, F.S.;
8 deleting provisions relating to duties of the
9 interagency coordinating councils on early
10 childhood services, to conform; repealing s.
11 232.2466(3), F.S., to delete authority for the
12 college-ready diploma program task forces;
13 repealing s. 255.565, F.S., to abolish the
14 Asbestos Oversight Program Team; amending ss.
15 255.553, 255.556, and 255.563, F.S.; removing
16 references to the Asbestos Oversight Program
17 Team, to conform; repealing s. 272.12(2)-(6),
18 F.S., to abolish the Capitol Center Planning
19 Commission and delete provisions relating to
20 its duties; amending ss. 272.121 and 295.184,
21 F.S.; removing and revising references to the
22 Capitol Center Planning Commission, to conform;
23 transferring duties of the Capitol Center
24 Planning Commission to the City of Tallahassee
25 and the Department of Management Services;
26 providing for current owners' permits within
27 the Capitol Center Planning District to
28 continue; repealing s. 282.3095, F.S., to
29 abolish the Task Force on Privacy and
30 Technology created by the State Technology
31 Office; repealing s. 285.19, F.S., to abolish
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1 the Creek Indian Council; repealing s. 286.30,
2 F.S., to abolish the Commission on Government
3 Accountability to the People; amending s.
4 216.235, F.S.; providing for appointment of a
5 member to the State Innovation Committee by the
6 Governor in lieu of the Commission on
7 Government Accountability to the People, to
8 conform; repealing s. 391.222, F.S., to abolish
9 the Cardiac Advisory Council; repealing s.
10 392.69(4), F.S., to abolish the A. G. Holley
11 State Hospital advisory board under the
12 Department of Health; amending s. 402.40, F.S.;
13 deleting an obsolete reference to the Child
14 Welfare Training Council; repealing s.
15 404.056(2), F.S., to abolish the Florida
16 Coordinating Council on Radon Protection;
17 repealing s. 430.05, F.S., to abolish the
18 Department of Elderly Affairs Advisory Council;
19 repealing s. 440.4416, F.S., to abolish the
20 Workers' Compensation Oversight Board; amending
21 s. 440.345, F.S.; deleting reference to the
22 Workers' Compensation Oversight Board, to
23 conform; amending s. 440.49, F.S., and
24 repealing subsections (13) and (14), relating
25 to the Special Disability Trust Fund
26 Privatization Commission and the Florida
27 Special Disability Trust Fund Financing
28 Corporation, to abolish the commission and
29 corporation and delete or revise references
30 thereto; abolishing the advisory committee on
31 conservation of the fund; repealing s. 442.105,
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1 F.S., to abolish the Toxic Substances Advisory
2 Council; repealing ss. 499.005(26) and
3 499.05(1)(c), F.S., to delete obsolete
4 references to the Florida Drug Technical Review
5 Panel and the investigational drug program;
6 amending s. 499.015, F.S.; deleting an obsolete
7 reference to the investigational drug program;
8 repealing s. 548.045, F.S., to abolish the
9 Medical Advisory Council under the Florida
10 State Boxing Commission; amending s. 548.046,
11 F.S.; deleting reference to the Medical
12 Advisory Council, to conform; repealing s.
13 580.151, F.S., to abolish the Commercial Feed
14 Technical Council; repealing s. 570.248, F.S.,
15 to abolish the Agricultural Economic
16 Development Project Review Committee; repealing
17 s. 13, ch. 99-332, Laws of Florida, to abolish
18 the Task Force on Home Health Services
19 Licensure Provisions; repealing s. 11, ch.
20 99-354, Laws of Florida, to abolish the
21 Information Service Technology Development Task
22 Force; repealing s. 240.5186(11), F.S.,
23 relating to authority of the Institute on Urban
24 Policy and Commerce to subcontract with the
25 Information Service Technology Development Task
26 Force for assistance under the Community
27 High-Technology Investment Partnership (CHIP)
28 program, to conform; repealing s. 6, ch.
29 99-393, Laws of Florida, to abolish the
30 advisory group on the submission and payment of
31 health claims established by the Director of
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1 the Agency for Health Care Administration;
2 repealing s. 192, ch. 99-397, Laws of Florida,
3 to abolish the task force established to review
4 funding sources of the Public Medical
5 Assistance Trust Fund; abolishing the Diversity
6 Council and the State Customer Advisory Council
7 under the Department of Labor and Employment
8 Security; abolishing the Florida Business
9 Partners for Prevention under the Department of
10 Juvenile Justice; abolishing the State Agency
11 Law Enforcement Radio System Review Panel under
12 the Department of Management Services;
13 abolishing the Driver's Under the Influence
14 (DUI) Advisory Council and the Florida Rider
15 Training Program Citizen Motorcycle Safety
16 Council under the Department of Highway Safety
17 and Motor Vehicles; abolishing the Agriculture
18 and Livestock Fair Council, Bonifay State
19 Farmers Market Advisory Council, Florida City
20 State Farmers Market Advisory Committee, Fort
21 Myers State Farmers Market Advisory Council,
22 Fort Pierce State Farmers Market Advisory
23 Council, Gadsden County State Farmers Market
24 Advisory Council, Immokalee State Farmers
25 Market Advisory Council, Nitrate Bill Best
26 Management Practices Advisory Group, Palatka
27 State Farmers Market Advisory Council, Plant
28 City State Farmers Market Advisory Council,
29 Racing Quarter Horse Advisory Council, Sanford
30 State Farmers Market Advisory Council, Seed
31 Potato Advisory Council, Starke State Farmers
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1 Market Advisory Council, Suwannee Valley State
2 Farmers Market Advisory Council, Trenton State
3 Farmers Market Advisory Council, Tropical Soda
4 Apple Task Force, and Wauchula State Farmers
5 Market Advisory Council; providing an effective
6 date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 14.203, Florida Statutes, is
11 repealed.
12 Section 2. Subsection (3) of section 24.103, Florida
13 Statutes, and section 24.106, Florida Statutes, are repealed.
14 Section 3. Section 24.105, Florida Statutes, is
15 amended to read:
16 24.105 Powers and duties of department.--The
17 department shall:
18 (1) Have the authority to sue or be sued in the
19 corporate name of the department and to adopt a corporate seal
20 and symbol.
21 (2) Supervise and administer the operation of the
22 lottery in accordance with the provisions of this act and
23 rules adopted pursuant thereto.
24 (3) For purposes of any investigation or proceeding
25 conducted by the department, have the power to administer
26 oaths, require affidavits, take depositions, issue subpoenas,
27 and compel the attendance of witnesses and the production of
28 books, papers, documents, and other evidence.
29 (4) Make available to the commission any record or
30 other information relating to the lottery that the commission
31 requests.
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1 (4)(5) Submit monthly and annual reports to the
2 commission, the Governor, the Treasurer, the President of the
3 Senate, and the Speaker of the House of Representatives
4 disclosing the total lottery revenues, prize disbursements,
5 and other expenses of the department during the preceding
6 month. The annual report shall additionally describe the
7 organizational structure of the department, including its
8 hierarchical structure, and shall identify the divisions and
9 bureaus created by the secretary and summarize the
10 departmental functions performed by each.
11 (5)(6) Adopt by rule a system of internal audits.
12 (6)(7) Maintain weekly or more frequent records of
13 lottery transactions, including the distribution of tickets to
14 retailers, revenues received, claims for prizes, prizes paid,
15 and other financial transactions of the department.
16 (7)(8) Make a continuing study of the lottery to
17 ascertain any defects of this act or rules adopted thereunder
18 which could result in abuses in the administration of the
19 lottery; make a continuing study of the operation and the
20 administration of similar laws in other states and of federal
21 laws which may affect the lottery; and make a continuing study
22 of the reaction of the public to existing and potential
23 features of the lottery.
24 (8)(9) Conduct such market research as is necessary or
25 appropriate, which may include an analysis of the demographic
26 characteristics of the players of each lottery game and an
27 analysis of advertising, promotion, public relations,
28 incentives, and other aspects of communications.
29 (9)(10) Adopt rules governing the establishment and
30 operation of the state lottery, including:
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1 (a) The type of lottery games to be conducted, except
2 that:
3 1. No name of an elected official shall appear on the
4 ticket or play slip of any lottery game or on any prize or on
5 any instrument used for the payment of prizes, unless such
6 prize is in the form of a state warrant.
7 2. No coins or currency shall be dispensed from any
8 electronic computer terminal or device used in any lottery
9 game.
10 3. Other than as provided in subparagraph 4., no
11 terminal or device may be used for any lottery game which may
12 be operated solely by the player without the assistance of the
13 retailer.
14 4. The only player-activated machine which may be
15 utilized is a machine which dispenses instant lottery game
16 tickets following the insertion of a coin or currency by a
17 ticket purchaser. To be authorized a machine must: be under
18 the supervision and within the direct line of sight of the
19 lottery retailer to ensure that the machine is monitored and
20 only operated by persons at least 18 years of age; be capable
21 of being electronically deactivated by the retailer to
22 prohibit use by persons less than 18 years of age through the
23 use of a lockout device that maintains the machine's
24 deactivation for a period of no less than 5 minutes; and be
25 designed to prevent its use or conversion for use in any
26 manner other than the dispensing of instant lottery tickets.
27 Authorized machines may dispense change to players purchasing
28 tickets but may not be utilized for paying the holders of
29 winning tickets of any kind. At least one clerk must be on
30 duty at the lottery retailer while the machine is in
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1 operation. However, at least two clerks must be on duty at any
2 lottery location which has violated s. 24.1055.
3 (b) The sales price of tickets.
4 (c) The number and sizes of prizes.
5 (d) The method of selecting winning tickets. However,
6 if a lottery game involves a drawing, the drawing shall be
7 public and witnessed by an accountant employed by an
8 independent certified public accounting firm. The equipment
9 used in the drawing shall be inspected before and after the
10 drawing.
11 (e) The manner of payment of prizes to holders of
12 winning tickets.
13 (f) The frequency of drawings or selections of winning
14 tickets.
15 (g) The number and type of locations at which tickets
16 may be purchased.
17 (h) The method to be used in selling tickets.
18 (i) The manner and amount of compensation of
19 retailers.
20 (j) Such other matters necessary or desirable for the
21 efficient or economical operation of the lottery or for the
22 convenience of the public.
23 (10)(11) Have the authority to hold copyrights,
24 trademarks, and service marks and enforce its rights with
25 respect thereto.
26 (11)(12) In the selection of games and method of
27 selecting winning tickets, be sensitive to the impact of the
28 lottery upon the pari-mutuel industry and, accordingly, the
29 department may use for any game the theme of horseracing,
30 dogracing, or jai alai and may allow a lottery game to be
31 based upon a horserace, dograce, or jai alai activity so long
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1 as the outcome of such lottery game is determined entirely by
2 chance.
3 (12)(13)(a) Determine by rule information relating to
4 the operation of the lottery which is confidential and exempt
5 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
6 the State Constitution. Such information includes trade
7 secrets; security measures, systems, or procedures; security
8 reports; information concerning bids or other contractual
9 data, the disclosure of which would impair the efforts of the
10 department to contract for goods or services on favorable
11 terms; employee personnel information unrelated to
12 compensation, duties, qualifications, or responsibilities; and
13 information obtained by the Division of Security pursuant to
14 its investigations which is otherwise confidential. To be
15 deemed confidential, the information must be necessary to the
16 security and integrity of the lottery. Confidential
17 information may be released to other governmental entities as
18 needed in connection with the performance of their duties.
19 The receiving governmental entity shall retain the
20 confidentiality of such information as provided for in this
21 subsection.
22 (b) Maintain the confidentiality of the street address
23 and the telephone number of a winner, in that such information
24 is confidential and exempt from the provisions of s. 119.07(1)
25 and s. 24(a), Art. I of the State Constitution, unless the
26 winner consents to the release of such information or as
27 provided for in s. 24.115(4) or s. 409.2577.
28 (c) Any information made confidential and exempt from
29 the provisions of s. 119.07(1) under this subsection shall be
30 disclosed to a member of the commission, to the Auditor
31 General, or to the independent auditor selected under s.
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1 24.123 upon such person's request therefor. If the President
2 of the Senate or the Speaker of the House of Representatives
3 certifies that information made confidential under this
4 subsection is necessary for effecting legislative changes, the
5 requested information shall be disclosed to him or her, and he
6 or she may disclose such information to members of the
7 Legislature and legislative staff as necessary to effect such
8 purpose.
9 (13)(14) Have the authority to perform any of the
10 functions of the Department of Management Services under
11 chapter 255, chapter 273, chapter 281, chapter 283, or chapter
12 287, or any rules adopted under any such chapter, and may
13 grant approvals provided for under any such chapter or rules.
14 If the department finds, by rule, that compliance with any
15 such chapter would impair or impede the effective or efficient
16 operation of the lottery, the department may adopt rules
17 providing alternative procurement procedures. Such
18 alternative procedures shall be designed to allow the
19 department to evaluate competing proposals and select the
20 proposal that provides the greatest long-term benefit to the
21 state with respect to the quality of the products or services,
22 dependability and integrity of the vendor, dependability of
23 the vendor's products or services, security, competence,
24 timeliness, and maximization of gross revenues and net
25 proceeds over the life of the contract.
26 (14)(15) Have the authority to acquire real property
27 and make improvements thereon. The title to such property
28 shall be vested in the Board of Trustees of the Internal
29 Improvement Trust Fund. The board shall give the department
30 preference in leasing state-owned lands under the board's
31 control and may not exercise any jurisdiction over lands
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1 purchased or leased by the department while such lands are
2 actively used by the department. Actions of the department
3 under this subsection are exempt from the time limitations and
4 deadlines of chapter 253.
5 (15)(16) Have the authority to charge fees to persons
6 applying for contracts as vendors or retailers, which fees are
7 reasonably calculated to cover the costs of investigations and
8 other activities related to the processing of the application.
9 (16)(17) Enter into contracts for the purchase, lease,
10 or lease-purchase of such goods and services as are necessary
11 for the operation and promotion of the state lottery,
12 including assistance provided by any governmental agency.
13 (17)(18) In accordance with the provisions of this
14 act, enter into contracts with retailers so as to provide
15 adequate and convenient availability of tickets to the public
16 for each game.
17 (18)(19) Have the authority to enter into agreements
18 with other states for the operation and promotion of a
19 multistate lottery if such agreements are in the best interest
20 of the state lottery. The authority conferred by this
21 subsection is not effective until 1 year after the first day
22 of lottery ticket sales.
23 (19)(20) Employ division directors and other staff as
24 may be necessary to carry out the provisions of this act;
25 however:
26 (a) No person shall be employed by the department who
27 has been convicted of, or entered a plea of guilty or nolo
28 contendere to, a felony committed in the preceding 10 years,
29 regardless of adjudication, unless the department determines
30 that:
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1 1. The person has been pardoned or his or her civil
2 rights have been restored; or
3 2. Subsequent to such conviction or entry of plea the
4 person has engaged in the kind of law-abiding commerce and
5 good citizenship that would reflect well upon the integrity of
6 the lottery.
7 (b) No officer or employee of the department having
8 decisionmaking authority shall participate in any decision
9 involving any vendor or retailer with whom the officer or
10 employee has a financial interest. No such officer or
11 employee may participate in any decision involving any vendor
12 or retailer with whom the officer or employee has discussed
13 employment opportunities without the approval of the secretary
14 or, if such officer is the secretary or any member of the
15 commission, without the approval of the Governor. Any officer
16 or employee of the department shall notify the secretary of
17 any such discussion or, if such officer is the secretary or a
18 member of the commission, he or she shall notify the Governor.
19 A violation of this paragraph is punishable in accordance with
20 s. 112.317.
21 (c) No officer or employee of the department who
22 leaves the employ of the department shall represent any vendor
23 or retailer before the department regarding any specific
24 matter in which the officer or employee was involved while
25 employed by the department, for a period of 1 year following
26 cessation of employment with the department. A violation of
27 this paragraph is punishable in accordance with s. 112.317.
28 (d) The department shall establish and maintain a
29 personnel program for its employees, including a personnel
30 classification and pay plan which may provide any or all of
31 the benefits provided in the Senior Management Service or
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1 Selected Exempt Service. Each officer or employee of the
2 department shall be a member of the Florida Retirement System.
3 The retirement class of each officer or employee shall be the
4 same as other persons performing comparable functions for
5 other agencies. Employees of the department shall serve at
6 the pleasure of the secretary and shall be subject to
7 suspension, dismissal, reduction in pay, demotion, transfer,
8 or other personnel action at the discretion of the secretary.
9 Such personnel actions are exempt from the provisions of
10 chapter 120. All employees of the department are exempt from
11 the Career Service System provided in chapter 110 and,
12 notwithstanding the provisions of s. 110.205(5), are not
13 included in either the Senior Management Service or the
14 Selected Exempt Service. However, all employees of the
15 department are subject to all standards of conduct adopted by
16 rule for career service and senior management employees
17 pursuant to chapter 110. In the event of a conflict between
18 standards of conduct applicable to employees of the Department
19 of the Lottery the more restrictive standard shall apply.
20 Interpretations as to the more restrictive standard may be
21 provided by the Commission on Ethics upon request of an
22 advisory opinion pursuant to s. 112.322(3)(a), for purposes of
23 this subsection the opinion shall be considered final action.
24 (20)(21) Adopt by rule a code of ethics for officers
25 and employees of the department which supplements the
26 standards of conduct for public officers and employees imposed
27 by law.
28 Section 4. Paragraph (b) of subsection (7) of section
29 24.108, Florida Statutes, is amended to read:
30 24.108 Division of Security; duties; security
31 report.--
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1 (7)
2 (b) The portion of the security report containing the
3 overall evaluation of the department in terms of each aspect
4 of security shall be presented to the commission, the
5 Governor, the President of the Senate, and the Speaker of the
6 House of Representatives. The portion of the security report
7 containing specific recommendations shall be confidential and
8 shall be presented only to the secretary, the commission, the
9 Governor, and the Auditor General; however, upon certification
10 that such information is necessary for the purpose of
11 effecting legislative changes, such information shall be
12 disclosed to the President of the Senate and the Speaker of
13 the House of Representatives, who may disclose such
14 information to members of the Legislature and legislative
15 staff as necessary to effect such purpose. However, any person
16 who receives a copy of such information or other information
17 which is confidential pursuant to this act or rule of the
18 department shall maintain its confidentiality. The
19 confidential portion of the report is exempt from the
20 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
21 Constitution.
22 Section 5. Subsection (3) of section 24.123, Florida
23 Statutes, is amended to read:
24 24.123 Annual audit of financial records and
25 reports.--
26 (3) A copy of any audit performed pursuant to this
27 section shall be submitted to the secretary, the commission,
28 the Governor, the President of the Senate, the Speaker of the
29 House of Representatives, and members of the Legislative
30 Auditing Committee.
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1 Section 6. Sections 121.22, 121.23, 121.231, and
2 121.24, Florida Statutes, are repealed.
3 Section 7. Subsection (3) of section 121.0515, Florida
4 Statutes, is amended to read:
5 121.0515 Special risk membership.--
6 (3) PROCEDURE FOR DESIGNATING.--
7 (a) Any member of the Florida Retirement System
8 employed by a county, city, or special district who feels that
9 he or she meets the criteria set forth in this section for
10 membership in the Special Risk Class may request that his or
11 her employer submit an application to the department
12 requesting that the department designate him or her as a
13 special risk member. If the employer agrees that the member
14 meets the requirements for special risk membership, the
15 employer shall submit an application to the department in
16 behalf of the employee containing a certification that the
17 member meets the criteria for special risk membership set
18 forth in this section and such other supporting documentation
19 as may be required by administrative rule. The department
20 shall, within 90 days, either designate or refuse to designate
21 the member as a special risk member. If the employer declines
22 to submit the member's application to the department or if the
23 department does not designate the member as a special risk
24 member, the member or the employer may appeal to the
25 department for a hearing before an administrative law judge
26 State Retirement Commission, as provided in chapter 120 s.
27 121.23, for designation as a special risk member. A member who
28 receives a final affirmative ruling pursuant to such appeal
29 for special risk membership shall have special risk membership
30 retroactive to the date such member would have had special
31 risk membership had such membership been approved by the
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1 employer and the department, as determined by the department,
2 and the employer contributions shall be paid in full within 1
3 year after such final ruling.
4 (b)1. Applying the criteria set forth in this section,
5 the Department of Management Services shall specify which
6 current and newly created classes of positions under the
7 uniform classification plan established pursuant to chapter
8 110 entitle the incumbents of positions in those classes to
9 membership in the Special Risk Class. Only employees employed
10 in the classes so specified shall be special risk members.
11 2. When a class is not specified by the department as
12 provided in subparagraph 1., the employing agency may petition
13 the department for a hearing before an administrative law
14 judge, as provided in chapter 120 State Retirement Commission
15 for approval in accordance with s. 121.23.
16 Section 8. Paragraph (d) of subsection (4) and
17 paragraph (b) of subsection (13) of section 121.091, Florida
18 Statutes, are amended to read:
19 121.091 Benefits payable under the system.--Benefits
20 may not be paid under this section unless the member has
21 terminated employment as provided in s. 121.021(39)(a) or
22 begun participation in the Deferred Retirement Option Program
23 as provided in subsection (13), and a proper application has
24 been filed in the manner prescribed by the department. The
25 department may cancel an application for retirement benefits
26 when the member or beneficiary fails to timely provide the
27 information and documents required by this chapter and the
28 department's rules. The department shall adopt rules
29 establishing procedures for application for retirement
30 benefits and for the cancellation of such application when the
31 required information or documents are not received.
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1 (4) DISABILITY RETIREMENT BENEFIT.--
2 (d) Election on appeal.--A member whose application
3 for regular disability retirement has been denied and who has
4 filed an appeal to the department for a hearing before an
5 administrative law judge, as provided in chapter 120, State
6 Retirement Commission may, if eligible, elect to receive
7 normal or early service retirement benefits while he or she is
8 awaiting the decision on the appeal. However:
9 1. If the member elects to receive service retirement
10 benefits and disability benefits are later approved as a
11 result of the appeal, the payment option chosen by the member
12 may not be changed.
13 2. If the member elects to receive early service
14 retirement and the appeal is later denied, the member may not
15 change his or her election of early retirement.
16
17 Before such regular or early retirement benefits may be paid
18 by the division, the member must provide to the division a
19 written statement indicating that the member understands that
20 such changes are not permitted after he or she begins
21 receiving the benefits.
22 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
23 and subject to the provisions of this section, the Deferred
24 Retirement Option Program, hereinafter referred to as the
25 DROP, is a program under which an eligible member of the
26 Florida Retirement System may elect to participate, deferring
27 receipt of retirement benefits while continuing employment
28 with his or her Florida Retirement System employer. The
29 deferred monthly benefits shall accrue in the System Trust
30 Fund on behalf of the participant, plus interest compounded
31 monthly, for the specified period of the DROP participation,
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1 as provided in paragraph (c). Upon termination of employment,
2 the participant shall receive the total DROP benefits and
3 begin to receive the previously determined normal retirement
4 benefits. Participation in the DROP does not guarantee
5 employment for the specified period of DROP.
6 (b) Participation in the DROP.--
7 1. An eligible member may elect to participate in the
8 DROP for a period not to exceed a maximum of 60 calendar
9 months immediately following the date on which the member
10 first reaches his or her normal retirement date or the date to
11 which he or she is eligible to defer his or her election to
12 participate as provided in subparagraph (a)2. However, a
13 member who has reached normal retirement date prior to the
14 effective date of the DROP shall be eligible to participate in
15 the DROP for a period of time not to exceed 60 calendar months
16 immediately following the effective date of the DROP, except a
17 member of the Special Risk Class who has reached normal
18 retirement date prior to the effective date of the DROP and
19 whose total accrued value exceeds 75 percent of average final
20 compensation as of his or her effective date of retirement
21 shall be eligible to participate in the DROP for no more than
22 36 calendar months immediately following the effective date of
23 the DROP.
24 2. Upon deciding to participate in the DROP, the
25 member shall submit, on forms required by the division:
26 a. A written election to participate in the DROP;
27 b. Selection of the DROP participation and termination
28 dates, which satisfy the limitations stated in paragraph (a)
29 and subparagraph 1. Such termination date shall be in a
30 binding letter of resignation with the employer, establishing
31 a deferred termination date. The member may change the
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1 termination date within the limitations of subparagraph 1.,
2 but only with the written approval of his or her employer;
3 c. A properly completed DROP application for service
4 retirement as provided in this section; and
5 d. Any other information required by the division.
6 3. The DROP participant shall be a retiree under the
7 Florida Retirement System for all purposes, except for
8 paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,
9 121.053, and 121.122. However, participation in the DROP does
10 not alter the participant's employment status and such
11 employee shall not be deemed retired from employment until his
12 or her deferred resignation is effective and termination
13 occurs as provided in s. 121.021(39).
14 4. Elected officers shall be eligible to participate
15 in the DROP subject to the following:
16 a. An elected officer who reaches normal retirement
17 date during a term of office may defer the election to
18 participate in the DROP until the next succeeding term in that
19 office. Such elected officer who exercises this option may
20 participate in the DROP for up to 60 calendar months or a
21 period of no longer than such succeeding term of office,
22 whichever is less.
23 b. An elected or a nonelected participant may run for
24 a term of office while participating in DROP and, if elected,
25 extend the DROP termination date accordingly, except, however,
26 if such additional term of office exceeds the 60-month
27 limitation established in subparagraph 1., and the officer
28 does not resign from office within such 60-month limitation,
29 the retirement and the participant's DROP shall be null and
30 void as provided in sub-subparagraph (c)5.d.
31
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1 c. An elected officer who is dually employed and
2 elects to participate in DROP shall be required to satisfy the
3 definition of termination within the 60-month limitation
4 period as provided in subparagraph 1. for the nonelected
5 position and may continue employment as an elected officer as
6 provided in s. 121.053. The elected officer will be enrolled
7 as a renewed member in the Elected Officers' Class or the
8 Regular Class, as provided in s. ss. 121.053 and 121.22, on
9 the first day of the month after termination of employment in
10 the nonelected position and termination of DROP. Distribution
11 of the DROP benefits shall be made as provided in paragraph
12 (c).
13 Section 9. Section 228.054, Florida Statutes, is
14 repealed.
15 Section 10. Subsection (12) of section 228.053,
16 Florida Statutes, is amended to read:
17 228.053 Developmental research schools.--
18 (12) EXCEPTIONS TO LAW.--To encourage innovative
19 practices and facilitate the mission of the developmental
20 research schools, in addition to the exceptions to law
21 specified in s. 229.592, the following exceptions shall be
22 permitted for developmental research schools:
23 (a) The methods and requirements of the following
24 statutes shall be held in abeyance: ss. 230.01; 230.02;
25 230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11;
26 230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19;
27 230.201; 230.202; 230.21; 230.22; 230.2318; 230.24; 230.241;
28 230.26; 230.28; 230.30; 230.303; 230.31; 230.32; 230.321;
29 230.33; 230.35; 230.39; 230.63; 230.64; 230.643; 234.01;
30 234.021; 236.25; 236.261; 236.29; 236.31; 236.32; 236.35;
31 236.36; 236.37; 236.38; 236.39; 236.40; 236.41; 236.42;
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1 236.43; 236.44; 236.45; 236.46; 236.47; 236.48; 236.49;
2 236.50; 236.51; 236.52; 236.55; 236.56; 237.051; 237.071;
3 237.091; 237.201; 237.40; and 316.75. With the exception of
4 subsection (16) of s. 230.23, s. 230.23 shall be held in
5 abeyance. Reference to school boards in s. 230.23(16) shall
6 mean the president of the university or the president's
7 designee.
8 (b) The following statutes or related rules may be
9 waived for any developmental research school so requesting,
10 provided the general statutory purpose of each section is met
11 and the developmental research school has submitted a written
12 request to the Commissioner of Education Joint Developmental
13 Research School Planning, Articulation, and Evaluation
14 Committee for approval pursuant to this subsection: ss.
15 229.555; 231.291; 232.2462; 233.34; 237.01; 237.02; 237.031;
16 237.041; 237.061; 237.081; 237.111; 237.121; 237.131; 237.141;
17 237.151; 237.161; 237.162; 237.171; 237.181; 237.211; and
18 237.34. Notwithstanding reference to the responsibilities of
19 the superintendent or school board in chapter 237,
20 developmental research schools shall follow the policy intent
21 of the chapter and shall, at least, adhere to the general
22 state agency accounting procedures established in s. 11.46.
23 1. Two or more developmental research schools may
24 jointly originate a request for waiver and submit the request
25 to the commissioner committee if such waiver is approved by
26 the school advisory council of each developmental research
27 school desiring the waiver.
28 2. A developmental research school may submit a
29 request to the commissioner committee for a waiver if such
30 request is presented by a school advisory council established
31 pursuant to s. 229.58, if such waiver is required to implement
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1 a school improvement plan required by s. 230.23(16), and if
2 such request is made using forms established pursuant to s.
3 229.592. The department Joint Developmental Research School
4 Planning, Articulation, and Evaluation Committee shall monitor
5 the waiver activities of all developmental research schools
6 and shall report annually to the department, in conjunction
7 with the feedback report required pursuant to s. 229.592, the
8 number of waivers requested and submitted to the committee by
9 developmental research schools, and the number of such waiver
10 requests not approved. For each waiver request not approved,
11 the committee shall report the statute or rule for which the
12 waiver was requested, the rationale for the developmental
13 research school request, and the reason the request was not
14 approved.
15 (c) The written request for waiver of statute or rule
16 shall indicate at least how the general statutory purpose will
17 be met, how granting the waiver will assist schools in
18 improving student outcomes related to the student performance
19 standards adopted pursuant to s. 229.592, and how student
20 improvement will be evaluated and reported. In considering any
21 waiver, the commissioner committee shall ensure protection of
22 the health, safety, welfare, and civil rights of the students
23 and protection of the public interest.
24 (d) Notwithstanding the request provisions of s.
25 229.592, developmental research schools shall request all
26 waivers through the commissioner Joint Developmental Research
27 School Planning, Articulation, and Evaluation Committee, as
28 established in s. 228.054. The commissioner committee shall
29 approve or disapprove said requests pursuant to this
30 subsection and s. 229.592; however, the Commissioner of
31 Education shall have standing to challenge any decision of the
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1 committee should it adversely affect the health, safety,
2 welfare, or civil rights of the students or public interest.
3 The department shall immediately notify the committee and
4 developmental research school of the decision and provide a
5 rationale therefor.
6 Section 11. Subsection (6) of section 228.2001,
7 Florida Statutes, is amended to read:
8 228.2001 Discrimination against students and employees
9 in state system of public education; prohibitions; equality of
10 access; strategies to overcome underrepresentation;
11 remedies.--
12 (6) The functions of the Office of Equal Educational
13 Opportunity of the Department of Education shall include, but
14 not be limited to:
15 (a) Requiring all boards to develop and submit plans
16 for the implementation of this section to the Department of
17 Education.
18 (b) Conducting periodic reviews of educational
19 agencies to determine compliance with this section and, after
20 a finding that an educational agency is not in compliance with
21 this section, notifying the agency of the steps that it must
22 take to attain compliance.
23 (c) Providing technical assistance, including
24 assisting educational agencies in identifying unlawful
25 discrimination and instructing them in remedies for correction
26 and prevention of such discrimination.
27 (d) Conducting studies of the effectiveness of methods
28 and strategies designed to increase the participation of
29 students in programs and courses in which students of a
30 particular race, national origin, sex, handicap, or marital
31
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1 status have been traditionally underrepresented and monitoring
2 the success of students in such programs of courses.
3 (e) Requiring all boards to submit data and
4 information necessary to determine compliance with this
5 section. The Commissioner of Education shall prescribe the
6 format and the date for submission of such data and any other
7 educational equity data. If any district does not submit the
8 required compliance data or other required educational equity
9 data by the prescribed date, the commissioner shall notify the
10 district school board of this fact and, if the appropriate
11 action is not taken to immediately submit the required report,
12 the school board shall be directed to proceed pursuant to the
13 provisions of s. 230.23(11)(b). If any community college or
14 university does not submit required data and information by
15 the prescribed date, the same policy as prescribed for school
16 districts shall be implemented.
17 (f) Coordinating the work of a Task Force on Gender
18 Equity in Education. The task force shall consist of 11
19 members. The Commissioner of Education shall appoint three
20 members: two shall be athletic directors at public high
21 schools and one may be a member at large. The Chancellor of
22 the State University System shall appoint two members who are
23 athletic directors at state universities that offer
24 scholarships for athletes in all major sports. The Executive
25 Director of the Community College System shall appoint two
26 members who are athletic directors at community colleges. The
27 President of the Senate shall appoint two members and the
28 Speaker of the House of Representatives shall appoint two
29 members. The Commissioner of Education, the Chancellor of the
30 State University System, the Executive Director of the
31 Community College System, the President of the Senate, and the
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1 Speaker of the House of Representatives shall coordinate their
2 appointments to ensure that the task force represents, to the
3 maximum extent possible, the gender, racial, and ethnic
4 diversity of the state. By July 1, 1994, the task force shall
5 define equity in athletics at all levels of public education
6 and shall recommend to the Commissioner of Education rules for
7 appropriate enforcement mechanisms to ensure equity. The
8 recommendations must include:
9 1. A determination of an equitable rate of
10 participation of males and females in athletics at public
11 educational agencies and institutions.
12 2. A determination of the appropriate consideration of
13 revenues when making decisions about equitable use of funds
14 for support of athletic activities. In making this
15 determination, the task force shall consider all funds
16 received and expended for athletic promotion or support,
17 including revenues from direct-support organizations
18 established under s. 237.40, s. 240.299, or s. 240.363.
19 (f)(g) Based upon recommendations of the task force
20 created in paragraph (f) and rules of the State Board of
21 Education, developing and implementing enforcement mechanisms
22 with appropriate penalties to ensure that public schools and
23 community colleges comply with Title IX of the Education
24 Amendments of 1972 and subsection (3) of this section.
25 However, the Department of Education may not force an
26 educational agency to conduct, nor penalize an educational
27 agency for not conducting, a program of athletic activity or
28 athletic scholarship for female athletes unless it is an
29 athletic activity approved for women by a recognized
30 association whose purpose is to promote athletics and a
31 conference or league exists to promote interscholastic or
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1 intercollegiate competition for women in that athletic
2 activity.
3 (g)(h) Beginning July 1, 1994, reporting to the
4 Commissioner of Education any public community college or
5 school district found to be out of compliance with rules of
6 the State Board of Education adopted as required by paragraph
7 (f) (g) or paragraph (3)(d). To penalize the community
8 college or school district, the commissioner shall:
9 1. Declare the educational agency ineligible for
10 competitive state grants.
11 2. Notwithstanding the provisions of s. 216.192,
12 direct the Comptroller to withhold general revenue funds
13 sufficient to obtain compliance from the educational agency.
14
15 The educational agency shall remain ineligible and the funds
16 shall not be paid until the agency comes into compliance or
17 the commissioner approves a plan for compliance.
18 Section 12. Subsection (7) of section 230.2305,
19 Florida Statutes, is repealed, and paragraph (b) of subsection
20 (2), paragraphs (h) and (i) of subsection (3), and subsection
21 (5) of said section are amended to read:
22 230.2305 Prekindergarten early intervention program.--
23 (2) ELIGIBILITY.--There is hereby created the
24 prekindergarten early intervention program for children who
25 are 3 and 4 years of age. A prekindergarten early
26 intervention program shall be administered by a district
27 school board and shall receive state funds pursuant to
28 subsection (6). Each public school district shall make
29 reasonable efforts to accommodate the needs of children for
30 extended day and extended year services without compromising
31 the quality of the 6-hour, 180-day program. The school
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1 district shall report on such efforts. School district
2 participation in the prekindergarten early intervention
3 program shall be at the discretion of each school district.
4 (b) An "economically disadvantaged" child shall be
5 defined as a child eligible to participate in the free lunch
6 program. Notwithstanding any change in a family's economic
7 status or in the federal eligibility requirements for free
8 lunch, a child who meets the eligibility requirements upon
9 initial registration for the program shall be considered
10 eligible until the child reaches kindergarten age. In order
11 to assist the school district in establishing the priority in
12 which children shall be served, and to increase the efficiency
13 in the provision of child care services in each district, the
14 district shall enter into a written collaborative agreement
15 with other publicly funded early education and child care
16 programs within the district. Such agreement shall be
17 facilitated by the interagency coordinating council and shall
18 set forth, among other provisions, the measures to be
19 undertaken to ensure the programs' achievement and compliance
20 with the performance standards established in subsection (3)
21 and for maximizing the public resources available to each
22 program. In addition, the central agency for state-subsidized
23 child care or the local service district of the Department of
24 Children and Family Services shall provide the school district
25 with an updated list of 3-year-old and 4-year-old children
26 residing in the school district who are on the waiting list
27 for state-subsidized child care.
28 (3) STANDARDS.--
29 (h) Services are to be provided during a school day
30 and school year equal to or exceeding the requirements for
31 kindergarten under ss. 228.041 and 236.013. Strategies to
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1 provide care before school, after school, and 12 months a
2 year, when needed, must be developed by the school district in
3 cooperation with the central agency for state-subsidized child
4 care or the local service district of the Department of
5 Children and Family Services and the district interagency
6 coordinating council. Programs may be provided on Saturdays
7 and through other innovative scheduling arrangements.
8 (i) The school district must make efforts to meet the
9 first state education goal, readiness to start school,
10 including the involvement of nonpublic schools, public and
11 private providers of day care and early education, and other
12 community agencies that provide services to young children.
13 This may include private child care programs, subsidized child
14 care programs, and Head Start programs. A written description
15 of these efforts must be provided to the district interagency
16 coordinating council on early childhood services.
17 (5) ANNUAL REPORT.--Each prekindergarten early
18 intervention program under this section shall submit an annual
19 report of its program to the Department of Education district
20 interagency coordinating council on early childhood services.
21 The report must describe the overall program operations;
22 activities of the district interagency coordinating council on
23 early childhood services; expenditures; the number of students
24 served; ratio of staff to children; staff qualifications;
25 evaluation findings, including identification of program
26 components that were most successful; and other information
27 required by the State Coordinating Council for School
28 Readiness Programs council or the state advisory council.
29 Section 13. Subsections (3), (7), and (8) of section
30 230.2303, Florida Statutes, are amended to read:
31 230.2303 Florida First Start Program.--
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1 (3) PLAN.--Each school board may submit to the
2 Commissioner of Education a plan for conducting a Florida
3 First Start Program. Each plan and subsequent amended plan
4 shall be developed in cooperation with the district
5 interagency coordinating council on early childhood services
6 established pursuant to s. 230.2305 and the Interagency
7 Prekindergarten Council for Children with Disabilities, and
8 shall be approved by the commissioner. A district school
9 board's plan must be designed to serve children from birth to
10 3 years of age who are disabled or at risk of future school
11 failure and to serve their parents. For the purposes of this
12 section, the term "children with disabilities or at risk of
13 future school failure" includes any child who has one or more
14 of the characteristics described in s. 411.202(9).
15 (7) ANNUAL REPORT.--Each district school board that
16 implements a program under this section shall, with the
17 assistance of the district interagency coordinating council on
18 early childhood services, submit an annual report of its
19 program to the commissioner. The report must describe the
20 overall program operations, activities of the district
21 interagency coordinating council, expenditures, the number of
22 children served, staff training and qualifications, and
23 evaluation findings.
24 (8) COORDINATION.--
25 (a) The Florida First Start Program shall be included
26 under the jurisdiction of the State Coordinating Council for
27 School Readiness Programs established pursuant to s. 411.222.
28 The council shall make recommendations for effective
29 implementation of the program and shall advise the Department
30 of Education on needed legislation, rules, and technical
31
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1 assistance to ensure the continued implementation of an
2 effective program.
3 (b) Each school district shall develop, implement, and
4 evaluate its program in cooperation with the district
5 interagency coordinating council established under s.
6 230.2305.
7 Section 14. Subsection (1) of section 230.2306,
8 Florida Statutes, is amended to read:
9 230.2306 Prekindergarten children service needs
10 assessments; reports; reasonable efforts by school district.--
11 (1) In each county, the district school board, the
12 central child care agency, the Head Start program, and a
13 private provider of preschool services, in cooperation with
14 the district interagency coordinating council established
15 under s. 230.2305, shall:
16 (a) Assess the service needs of all preschool children
17 who are eligible for subsidized child care to identify those
18 who require services beyond the current 6-hour, 180-day
19 prekindergarten program.
20 (b) Determine how many children are eligible for
21 prekindergarten programs, but are not enrolled because the
22 hours of availability do not meet the family's need.
23 Section 15. Subsection (9) of section 402.3015,
24 Florida Statutes, is amended to read:
25 402.3015 Subsidized child care program; purpose; fees;
26 contracts.--
27 (9) The central agency for state subsidized child care
28 or the local service district of the Department of Children
29 and Family Services shall develop cooperate with the local
30 interagency coordinating council as defined in s. 230.2305 in
31
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1 the development of written collaborative agreements with each
2 local school district.
3 (a) The central agency shall develop in consultation
4 with the local interagency council a plan for implementing and
5 conducting a child care program. Such plan shall include the
6 tentative budget and measures for maximizing public resources.
7 (b) The department shall monitor each subsidized child
8 care provider at least annually to determine compliance with
9 the collaborative agreement facilitated by the local
10 interagency coordinating council. If a provider fails to
11 bring its program into compliance with the agreement or the
12 plan within 3 months after an evaluation citing deficiencies,
13 the department must withhold such administrative funds as have
14 been allocated to the program and which have not yet been
15 released.
16 Section 16. Paragraph (d) of subsection (5) of section
17 409.178, Florida Statutes, is amended to read:
18 409.178 Child Care Executive Partnership Act; findings
19 and intent; grant; limitation; rules.--
20 (5)
21 (d) Each community coordinated child care agency shall
22 be required to establish a community child care task force for
23 each child care purchasing pool. The task force must be
24 composed of employers, parents, private child care providers,
25 and one representative each from the district interagency
26 coordinating council for children's services and the local
27 children's services council, if one exists they exist in the
28 area of the purchasing pool. The community coordinated child
29 care agency is expected to recruit the task force members from
30 existing child care councils, commissions, or task forces
31 already operating in the area of a purchasing pool. A majority
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1 of the task force shall consist of employers. Each task force
2 shall develop a plan for the use of child care purchasing pool
3 funds. The plan must show how many children will be served by
4 the purchasing pool, how many will be new to receiving child
5 care services, and how the community coordinated child care
6 agency intends to attract new employers and their employees to
7 the program.
8 Section 17. Paragraph (a) of subsection (5) of section
9 411.01, Florida Statutes, is amended to read:
10 411.01 Florida Partnership for School Readiness;
11 school readiness coalitions.--
12 (5) CREATION OF SCHOOL READINESS COALITIONS.--
13 (a) School readiness coalitions.--
14 1. If a coalition's plan would serve less than 400
15 birth-to-kindergarten age children, the coalition must either
16 join with another county to form a multicounty coalition,
17 enter an agreement with a fiscal agent to serve more than one
18 coalition, or demonstrate to the partnership its ability to
19 effectively and efficiently implement its plan as a
20 single-county coalition and meet all required performance
21 standards and outcome measures.
22 2. Each coalition shall have at least 18 but not more
23 than 25 members and such members must include the following:
24 a. A Department of Children and Family Services
25 district administrator or his or her designee who is
26 authorized to make decisions on behalf of the department.
27 b. A district superintendent of schools or his or her
28 designee who is authorized to make decisions on behalf of the
29 district.
30 c. A regional workforce development board chair or
31 director, where applicable.
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1 d. A county health department director or his or her
2 designee.
3 e. A children's services council or juvenile welfare
4 board chair or executive director, if applicable.
5 f. A child care licensing agency head.
6 g. One member appointed by a Department of Children
7 and Family Services district administrator.
8 h. One member appointed by a board of county
9 commissioners.
10 i. One member appointed by a district school board.
11 j. A central child care agency administrator.
12 k. A Head Start director.
13 l. A representative of private child care providers.
14 m. A representative of faith-based child care
15 providers.
16
17 More than one-third of the coalition members must be from the
18 private sector, and neither they nor their families may earn
19 an income from the early education and child care industry. To
20 meet this requirement a coalition must appoint additional
21 members from a list of nominees presented to the coalition by
22 a chamber of commerce or economic development council within
23 the geographic area of the coalition.
24 3. No member of a coalition may appoint a designee to
25 act in his or her place. A member may send a representative to
26 coalition meetings, but that representative will have no
27 voting privileges. When a district superintendent of schools
28 or a district administrator for the Department of Children and
29 Family Services appoints a designee to a school readiness
30 coalition, the designee will be the voting member of the
31 coalition, and any individual attending in his or her place,
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1 including the district administrator or superintendent, will
2 have no voting privileges.
3 4. The school readiness coalition shall replace the
4 district interagency coordinating council required under s.
5 230.2305.
6 4.5. Members of the coalition are subject to the
7 ethics provisions in part III of chapter 112.
8 5.6. For the purposes of tort liability, the members
9 of the school readiness coalition and its employees shall be
10 governed by s. 768.28.
11 6.7. Multicounty coalitions shall include
12 representation from each county.
13 7.8. The terms of all appointed members of the
14 coalition must be staggered. Appointed members may serve a
15 maximum of two terms. When a vacancy occurs in an appointed
16 position, the coalition must advertise the vacancy.
17 Section 18. Subsection (3) of section 232.2466,
18 Florida Statutes, is repealed.
19 Section 19. Section 255.565, Florida Statutes, is
20 repealed.
21 Section 20. Section 255.553, Florida Statutes, is
22 amended to read:
23 255.553 Survey required.--Each state agency shall
24 survey or cause to be surveyed for the presence of
25 asbestos-containing materials each public building for which
26 it is responsible. The survey shall be conducted by an
27 asbestos consultant licensed under chapter 469 and shall be
28 conducted in accordance with AHERA initial inspection
29 procedures; Environmental Protection Agency guidelines;
30 National Emission Standards for Hazardous Air Pollutants; and
31 Occupational Safety and Health Administration regulations; and
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1 any subsequent recommendations made by the Asbestos Oversight
2 Program Team established under s. 255.565. The survey shall:
3 (1) Determine all materials which may contain
4 asbestos;
5 (2) Identify the location and quantify the types of
6 asbestos-containing materials;
7 (3) Assess the hazard of the existing
8 asbestos-containing materials as they relate to any situation
9 where a person may come into contact with asbestos;
10 (4) Prioritize the areas which need immediate asbestos
11 abatement action according to the hazard assessment; and
12 (5) Estimate the cost of recommended abatement
13 alternatives.
14
15 The asbestos program administrator shall review the asbestos
16 surveys and consult with the affected agency to determine on a
17 priority basis the need for instituting abatement procedures,
18 and the asbestos program administrator shall institute
19 abatement procedures on a priority basis as directed by the
20 secretary of the Department of Labor and Employment Security.
21 Section 21. Section 255.556, Florida Statutes, is
22 amended to read:
23 255.556 Asbestos assessment.--When the survey
24 indicates the presence of friable asbestos-containing
25 materials in a public building, the survey shall also include
26 an assessment of the level of airborne asbestos fibers. This
27 assessment shall include a visual assessment followed by an
28 analysis of air samples which shall be conducted in accordance
29 with rules of the Department of Labor and Employment Security;
30 Environmental Protection Agency guidelines; National Emission
31 Standards for Hazardous Air Pollutants; and Occupational
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1 Safety and Health Administration regulations; and any
2 subsequent recommendations made by the Asbestos Oversight
3 Program Team established under s. 255.565. If the overall
4 assessment indicates the presence of asbestos greater than
5 0.01 asbestos structures per cubic centimeter during periods
6 of normal activity, response action shall be taken.
7 Section 22. Section 255.563, Florida Statutes, is
8 amended to read:
9 255.563 Rules; Department of Labor and Employment
10 Security.--The Department of Labor and Employment Security
11 shall adopt all rules relating to asbestos in public buildings
12 reasonably necessary to implement the provisions of ss.
13 255.551-255.565. In developing the rules, the department
14 shall consider the criteria established in the Asbestos
15 Identification and Remediation Plan dated January 1, 1987, and
16 issued pursuant to chapter 86-135, Laws of Florida;
17 Environmental Protection Agency guidelines; AHERA; National
18 Emission Standards for Hazardous Air Pollutants; and
19 Occupational Safety and Health Administration regulations; and
20 any subsequent recommendations made by the Asbestos Oversight
21 Program Team established under s. 255.565.
22 Section 23. Subsections (2), (3), (4), (5), and (6) of
23 section 272.12, Florida Statutes, are repealed.
24 Section 24. Section 272.121, Florida Statutes, is
25 amended to read:
26 272.121 Capitol Center long-range planning.--
27 (1) The Department of Management Services shall
28 develop a comprehensive and long-range plan for the
29 development of state-owned property within the Capitol Center,
30 which plan, and amendments thereto, shall be presented to the
31
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1 planning commission for final approval. In developing this
2 plan, the department shall consider:
3 (a) The most efficient, expeditious, and economical
4 method of accomplishing the desired results.
5 (b) The architectural and aesthetic coordination of
6 the proposed plan with the existing structures.
7 (c) The effective utilization of all available space
8 so as to minimize waste.
9 (d) The plans adopted by the local planning agencies
10 in Leon County.
11 (2) The department shall further determine the needs
12 of state government and the various agencies thereof occupying
13 the Capitol Center and activities requiring space or
14 facilities in the Capitol Center. When these needs have been
15 determined the department shall develop a comprehensive plan
16 for meeting these needs and for providing immediate facilities
17 for state government and its agencies to effectively and
18 efficiently discharge their duties and responsibilities, which
19 plan shall be consistent with the plan for development of the
20 Capitol Center Planning District.
21 (3) In carrying out the provisions of the foregoing,
22 the department shall consult with the Capitol Center Planning
23 Commission and shall request the cooperation of those state
24 and private architects, engineers and interior designers
25 determined by the department to possess expertise or
26 information helpful to the development of a Capitol Plan and
27 solicit and accept information, suggestions, and
28 recommendations from all interested parties.
29 (4) The commission and the department shall prepare a
30 report of its their findings and recommendations and submit
31 the same to the Governor and the Legislature every fifth year,
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1 except that the next report shall not be due until February 1,
2 1979. Said report shall reflect the actions of the commission
3 and the department in carrying out the provisions of this act
4 and shall include an updated comprehensive plan to carry out
5 the provisions of this act each time the report is submitted.
6 (5) The department is authorized to contract with the
7 City of Tallahassee, Leon County, the Tallahassee-Leon County
8 Planning Department, or any other agency of such city or
9 county to obtain planning services and functions required for
10 the planning and development of the district in harmony with
11 the coordinated planning of the city and the county. Services
12 and functions covered under such agreements may include, but
13 shall not be limited to, topographic surveys; base mapping;
14 inventory of land use, employment, parking, and building floor
15 areas; land acquisition information; analysis of trends;
16 physical planning activities, including a master plan and any
17 other required planning studies; preparation of zoning codes
18 to provide for compatible development within the Capitol
19 Center area and in the vicinity thereof; coordination of plans
20 for development in of the district with city and county
21 development plans; and application for and use of federal
22 funds which may be available for planning or related purposes.
23 Section 25. Section 295.184, Florida Statutes, is
24 amended to read:
25 295.184 Report; design, cost estimates.--The
26 Commission on Veterans' Affairs shall consider the appropriate
27 design of the memorial and may solicit design proposals from
28 members of the public. The Commission on Veterans' Affairs, in
29 cooperation with the Department of Management Services and the
30 City of Tallahassee Capitol Center Planning Commission, shall
31 consider the location of the memorial within the Florida
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1 Capitol Center Planning District. On or before January 31,
2 2002, the Commission on Veterans' Affairs shall submit to the
3 Governor, the President of the Senate, and the Speaker of the
4 House of Representatives its recommendations for the location
5 and design of the memorial. The report must include an
6 estimate of the cost to acquire the site for the memorial and
7 of the cost to construct the memorial in accordance with the
8 design proposal recommended by the Commission on Veterans'
9 Affairs, as well as the life-cycle cost estimate required by
10 s. 255.255. The Department of Management Services shall assist
11 the Commission on Veterans' Affairs in preparing the estimates
12 for timely inclusion in the report.
13 Section 26. (1) All rules, regulations, or orders of
14 the Capitol Center Planning Commission regulating development
15 within the Capitol Center Planning District in effect at the
16 time of the effective date of this act shall remain in effect
17 until superseded by regulation or order of the City of
18 Tallahassee.
19 (2) Any owner of property within the Capitol Center
20 Planning District who, prior to the effective date of this
21 act, has obtained any permit, certification, or other
22 development approval from the Capitol Center Planning
23 Commission shall be allowed to continue the development so
24 authorized in accordance with the regulations in effect at the
25 time of the issuance of such permit, certification, or other
26 development approval.
27 Section 27. Section 282.3095, Florida Statutes, is
28 repealed.
29 Section 28. Section 285.19, Florida Statutes, is
30 repealed.
31
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1 Section 29. Section 286.30, Florida Statutes, is
2 repealed.
3 Section 30. Paragraph (d) of subsection (4) of section
4 216.235, Florida Statutes, is amended to read:
5 216.235 Innovation Investment Program; intent;
6 definitions; composition and responsibilities of State
7 Innovation Committee; responsibilities of the Department of
8 Management Services, the Information Resource Commission, and
9 the review board; procedures for innovative project
10 submission, review, evaluation, and approval; criteria to be
11 considered.--
12 (4) There is hereby created the State Innovation
13 Committee, which shall have final approval authority as to
14 which innovative investment projects submitted under this
15 section shall be funded. Such committee shall be comprised of
16 five members. Appointed members shall serve terms of 1 year
17 and may be reappointed. The committee shall include:
18 (d) One representative of the private sector appointed
19 by the Governor Commission on Government Accountability to the
20 People.
21
22 The Secretary of Management Services shall serve as an
23 alternate in the event a member is unable to attend the
24 committee meeting.
25 Section 31. Section 391.222, Florida Statutes, is
26 repealed.
27 Section 32. Subsection (4) of section 392.69, Florida
28 Statutes, is repealed.
29 Section 33. Paragraph (a) of subsection (4) and
30 subsection (5) of section 402.40, Florida Statutes, are
31 amended to read:
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1 402.40 Child welfare training.--
2 (4) CHILD WELFARE TRAINING TRUST FUND.--
3 (a) There is created within the State Treasury a Child
4 Welfare Training Trust Fund to be used by the Department of
5 Children and Family Services for the purpose of funding a
6 comprehensive system of child welfare training, including the
7 securing of consultants to develop the system and the
8 developing of, the staff of the council, the expenses of the
9 council members, the child welfare training academies that
10 include and the participation of dependency program staff in
11 the training.
12 (5) ESTABLISHMENT OF TRAINING ACADEMIES.--The
13 department shall contract for the operation of one or more
14 training academies with Tallahassee Community College. The
15 number, location, and timeframe for establishment of
16 additional training academies shall be according to the
17 recommendation of the council as approved by the Secretary of
18 Children and Family Services.
19 Section 34. Subsection (2) of section 404.056, Florida
20 Statutes, is repealed.
21 Section 35. Section 430.05, Florida Statutes, is
22 repealed.
23 Section 36. Section 440.4416, Florida Statutes, is
24 repealed.
25 Section 37. Section 440.345, Florida Statutes, is
26 amended to read:
27 440.345 Reporting of attorney's fees.--All fees paid
28 to attorneys for services rendered under this chapter shall be
29 reported to the division as the division requires by rule. The
30 division shall annually summarize such data in a report to the
31 Workers' Compensation Oversight Board.
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1 Section 38. Subsections (13) and (14) of section
2 440.49, Florida Statutes, are repealed, and subsection (2),
3 paragraph (a) of subsection (9), and subsection (10) of said
4 section are amended to read:
5 440.49 Limitation of liability for subsequent injury
6 through Special Disability Trust Fund.--
7 (2) DEFINITIONS.--As used in this section, the term:
8 (a) "Permanent physical impairment" means and is
9 limited to the conditions listed in paragraph (6)(a).
10 (b) "Preferred worker" means a worker who, because of
11 a permanent impairment resulting from a compensable injury or
12 occupational disease, is unable to return to the worker's
13 regular employment.
14 (c) "Merger" describes or means that:
15 1. If the permanent physical impairment had not
16 existed, the subsequent accident or occupational disease would
17 not have occurred;
18 2. The permanent disability or permanent impairment
19 resulting from the subsequent accident or occupational disease
20 is materially and substantially greater than that which would
21 have resulted had the permanent physical impairment not
22 existed, and the employer has been required to pay, and has
23 paid, permanent total disability or permanent impairment
24 benefits for that materially and substantially greater
25 disability;
26 3. The preexisting permanent physical impairment is
27 aggravated or accelerated as a result of the subsequent injury
28 or occupational disease, or the preexisting impairment has
29 contributed, medically and circumstantially, to the need for
30 temporary compensation, medical, or attendant care and the
31 employer has been required to pay, and has paid, temporary
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1 compensation, medical, or attendant care benefits for the
2 aggravated preexisting permanent impairment; or
3 4. Death would not have been accelerated if the
4 permanent physical impairment had not existed.
5 (d) "Excess permanent compensation" means that
6 compensation for permanent impairment, or permanent total
7 disability or death benefits, for which the employer or
8 carrier is otherwise entitled to reimbursement from the
9 Special Disability Trust Fund.
10 (e) "Administrator" means the entity selected by the
11 division commission to review, allow, deny, compromise,
12 controvert, and litigate claims of the Special Disability
13 Trust Fund.
14 (f) "Corporation" means the Special Disability Trust
15 Fund Financing Corporation, as created under subsection (14).
16 (g) "Commission" means the Special Disability Trust
17 Fund Privatization Commission, as created under subsection
18 (13).
19
20 In addition to the definitions contained in this subsection,
21 the division may by rule prescribe definitions that are
22 necessary for the effective administration of this section.
23 (9) SPECIAL DISABILITY TRUST FUND.--
24 (a) There is established in the State Treasury a
25 special fund to be known as the "Special Disability Trust
26 Fund," which shall be available only for the purposes stated
27 in this section; and the assets thereof may not at any time be
28 appropriated or diverted to any other use or purpose. The
29 Treasurer shall be the custodian of such fund, and all moneys
30 and securities in such fund shall be held in trust by such
31 Treasurer and shall not be the money or property of the state.
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1 The Treasurer is authorized to disburse moneys from such fund
2 only when approved by the division or corporation and upon the
3 order of the Comptroller. The Treasurer shall deposit any
4 moneys paid into such fund into such depository banks as the
5 division or corporation may designate and is authorized to
6 invest any portion of the fund which, in the opinion of the
7 division, is not needed for current requirements, in the same
8 manner and subject to all the provisions of the law with
9 respect to the deposits of state funds by such Treasurer. All
10 interest earned by such portion of the fund as may be invested
11 by the Treasurer shall be collected by her or him and placed
12 to the credit of such fund.
13 (10) DIVISION ADMINISTRATION OF FUND; CLAIMS; ADVISORY
14 COMMITTEE; EXPENSES.--The division or administrator shall
15 administer the Special Disability Trust Fund with authority to
16 allow, deny, compromise, controvert, and litigate claims made
17 against it and to designate an attorney to represent it in
18 proceedings involving claims against the fund, including
19 negotiation and consummation of settlements, hearings before
20 judges of compensation claims, and judicial review. The
21 division or administrator or the attorney designated by it
22 shall be given notice of all hearings and proceedings
23 involving the rights or obligations of such fund and shall
24 have authority to make expenditures for such medical
25 examinations, expert witness fees, depositions, transcripts of
26 testimony, and the like as may be necessary to the proper
27 defense of any claim. The division shall appoint an advisory
28 committee composed of representatives of management,
29 compensation insurance carriers, and self-insurers to aid it
30 in formulating policies with respect to conservation of the
31 fund, who shall serve without compensation for such terms as
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1 specified by it, but be reimbursed for travel expenses as
2 provided in s. 112.061. All expenditures made in connection
3 with conservation of the fund, including the salary of the
4 attorney designated to represent it and necessary travel
5 expenses, shall be allowed and paid from the Special
6 Disability Trust Fund as provided in this section upon the
7 presentation of itemized vouchers therefor approved by the
8 division.
9 Section 39. Section 442.105, Florida Statutes, is
10 repealed.
11 Section 40. Subsection (26) of section 499.005,
12 Florida Statutes, and paragraph (c) of subsection (1) of
13 section 499.05, Florida Statutes, are repealed.
14 Section 41. Paragraph (b) of subsection (1) of section
15 499.015, Florida Statutes, is amended to read:
16 499.015 Registration of drugs, devices, and cosmetics;
17 issuance of certificates of free sale.--
18 (1)
19 (b) The department may not register any product that
20 does not comply with the Federal Food, Drug, and Cosmetic Act,
21 as amended, or Title 21 C.F.R., or that is not an approved
22 investigational drug as provided for in s. 499.018.
23 Registration of a product by the department does not mean that
24 the product does in fact comply with all provisions of the
25 Federal Food, Drug, and Cosmetic Act, as amended.
26 Section 42. Section 548.045, Florida Statutes, is
27 repealed.
28 Section 43. Subsection (2) of section 548.046, Florida
29 Statutes, is amended to read:
30 548.046 Physician's attendance at match; examinations;
31 cancellation of match.--
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1 (2) In addition to any other required examination,
2 each participant shall be examined by the attending physician
3 at the time of weigh-in. If the physician determines that a
4 participant is physically or mentally unfit to proceed, the
5 physician shall notify any commissioner or the commission
6 representative who shall immediately cancel the match. The
7 examination shall conform to rules adopted by the commission
8 based on the advice of the medical advisory council. The
9 result of the examination shall be reported in a writing
10 signed by the physician and filed with the commission prior to
11 completion of the weigh-in.
12 Section 44. Section 580.151, Florida Statutes, is
13 repealed.
14 Section 45. Section 570.248, Florida Statutes, is
15 repealed.
16 Section 46. Section 13 of chapter 99-332, Laws of
17 Florida, is repealed.
18 Section 47. Section 11 of chapter 99-354, Laws of
19 Florida, and subsection (11) of section 240.5186, Florida
20 Statutes, are repealed.
21 Section 48. Section 6 of chapter 99-393, Laws of
22 Florida, is repealed.
23 Section 49. Section 192 of chapter 99-397, Laws of
24 Florida, is repealed.
25 Section 50. The Diversity Council and the State
26 Customer Advisory Council created pursuant to authority of the
27 Department of Labor and Employment Security under s. 20.171,
28 Florida Statutes, are abolished.
29 Section 51. The Florida Business Partners for
30 Prevention created pursuant to authority of the Department of
31
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1 Juvenile Justice under s. 20.316, Florida Statutes, is
2 abolished.
3 Section 52. The State Agency Law Enforcement Radio
4 System Review Panel created pursuant to authority of the
5 Department of Management Services under s. 282.111, Florida
6 Statutes, is abolished.
7 Section 53. The Driver's Under the Influence (DUI)
8 Advisory Council and the Florida Rider Training Program
9 Citizen Motorcycle Safety Council created pursuant to
10 authority of the Department of Highway Safety and Motor
11 Vehicles under s. 322.025, Florida Statutes, are abolished.
12 Section 54. The following councils, created pursuant
13 to s. 570.0705, Florida Statutes, are abolished:
14 (1) Agriculture and Livestock Fair Council.
15 (2) Bonifay State Farmers Market Advisory Council.
16 (3) Florida City State Farmers Market Advisory
17 Committee.
18 (4) Fort Myers State Farmers Market Advisory Council.
19 (5) Fort Pierce State Farmers Market Advisory Council.
20 (6) Gadsden County State Farmers Market Advisory
21 Council.
22 (7) Immokalee State Farmers Market Advisory Council.
23 (8) Nitrate Bill Best Management Practices Advisory
24 Group.
25 (9) Palatka State Farmers Market Advisory Council.
26 (10) Plant City State Farmers Market Advisory Council.
27 (11) Racing Quarter Horse Advisory Council.
28 (12) Sanford State Farmers Market Advisory Council.
29 (13) Seed Potato Advisory Council.
30 (14) Starke State Farmers Market Advisory Council.
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1 (15) Suwannee Valley State Farmers Market Advisory
2 Council.
3 (16) Trenton State Farmers Market Advisory Council.
4 (17) Tropical Soda Apple Task Force.
5 (18) Wauchula State Farmers Market Advisory Council.
6 Section 55. This act shall take effect June 30, 2001.
7
8 *****************************************
9 HOUSE SUMMARY
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Abolishes various boards, commissions, councils, and
11 other entities. See bill for details.
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