House Bill hb0501e1

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                                        CS/HB 501, First Engrossed



  1                      A bill to be entitled

  2         An act relating to abolishment of boards,

  3         commissions, councils, and other entities;

  4         repealing s. 24.106, F.S., to abolish the State

  5         Lottery Commission; repealing s. 24.103(3),

  6         F.S., to delete the definition of "commission,"

  7         to conform; amending ss. 24.105, 24.108, and

  8         24.123, F.S.; deleting references to the State

  9         Lottery Commission, to conform; repealing s.

10         228.054, F.S., to abolish the Joint

11         Developmental Research School Planning,

12         Articulation, and Evaluation Committee;

13         amending s. 228.053, F.S.; transferring to the

14         Commissioner of Education duties of the Joint

15         Developmental Research School Planning,

16         Articulation, and Evaluation Committee relating

17         to the securing of waivers to the Florida

18         School Code, to conform; amending s. 228.2001,

19         F.S.; deleting provisions authorizing the Task

20         Force on Gender Equity in Education; amending

21         s. 230.2305, F.S., and repealing subsection

22         (7), relating to district interagency

23         coordinating councils on early childhood

24         services, to abolish the councils and delete

25         provisions relating to their duties;

26         transferring to the Department of Education

27         duties of the district interagency coordinating

28         councils, to conform; amending ss. 230.2303,

29         230.2306, 402.3015, 409.178, and 411.01, F.S.;

30         deleting provisions relating to duties of the

31         interagency coordinating councils on early


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                                        CS/HB 501, First Engrossed



  1         childhood services, to conform; repealing s.

  2         232.2466(3), F.S., to delete authority for the

  3         college-ready diploma program task forces;

  4         repealing s. 255.565, F.S., to abolish the

  5         Asbestos Oversight Program Team; amending ss.

  6         255.553, 255.556, and 255.563, F.S.; removing

  7         references to the Asbestos Oversight Program

  8         Team, to conform; repealing s. 272.12(2)-(6),

  9         F.S., to abolish the Capitol Center Planning

10         Commission and delete provisions relating to

11         its duties; amending ss. 272.121 and 295.184,

12         F.S.; removing and revising references to the

13         Capitol Center Planning Commission, to conform;

14         transferring duties of the Capitol Center

15         Planning Commission to the City of Tallahassee

16         and the Department of Management Services;

17         providing for current owners' permits within

18         the Capitol Center Planning District to

19         continue; repealing s. 282.3095, F.S., to

20         abolish the Task Force on Privacy and

21         Technology created by the State Technology

22         Office; repealing s. 285.19, F.S., to abolish

23         the Creek Indian Council; repealing s. 286.30,

24         F.S., to abolish the Commission on Government

25         Accountability to the People; amending s.

26         216.235, F.S.; providing for appointment of a

27         member to the State Innovation Committee by the

28         Governor in lieu of the Commission on

29         Government Accountability to the People, to

30         conform; repealing s. 391.222, F.S., to abolish

31         the Cardiac Advisory Council; amending s.


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                                        CS/HB 501, First Engrossed



  1         402.40, F.S.; deleting an obsolete reference to

  2         the Child Welfare Training Council; repealing

  3         s. 404.056(2), F.S., to abolish the Florida

  4         Coordinating Council on Radon Protection;

  5         amending s. 440.49, F.S., and repealing

  6         subsections (13) and (14), relating to the

  7         Special Disability Trust Fund Privatization

  8         Commission and the Florida Special Disability

  9         Trust Fund Financing Corporation, to abolish

10         the commission and corporation and delete or

11         revise references thereto; abolishing the

12         advisory committee on conservation of the fund;

13         repealing s. 442.105, F.S., to abolish the

14         Toxic Substances Advisory Council; repealing

15         ss. 499.005(26) and 499.05(1)(c), F.S., to

16         delete obsolete references to the Florida Drug

17         Technical Review Panel and the investigational

18         drug program; amending s. 499.015, F.S.;

19         deleting an obsolete reference to the

20         investigational drug program; repealing s.

21         548.045, F.S., to abolish the Medical Advisory

22         Council under the Florida State Boxing

23         Commission; amending s. 548.046, F.S.; deleting

24         reference to the Medical Advisory Council, to

25         conform; repealing s. 580.151, F.S., to abolish

26         the Commercial Feed Technical Council;

27         repealing s. 13, ch. 99-332, Laws of Florida,

28         to abolish the Task Force on Home Health

29         Services Licensure Provisions; repealing s. 11,

30         ch. 99-354, Laws of Florida, to abolish the

31         Information Service Technology Development Task


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                                        CS/HB 501, First Engrossed



  1         Force; repealing s. 240.5186(11), F.S.,

  2         relating to authority of the Institute on Urban

  3         Policy and Commerce to subcontract with the

  4         Information Service Technology Development Task

  5         Force for assistance under the Community

  6         High-Technology Investment Partnership (CHIP)

  7         program, to conform; repealing s. 6, ch.

  8         99-393, Laws of Florida, to abolish the

  9         advisory group on the submission and payment of

10         health claims established by the Director of

11         the Agency for Health Care Administration;

12         repealing s. 192, ch. 99-397, Laws of Florida,

13         to abolish the task force established to review

14         funding sources of the Public Medical

15         Assistance Trust Fund; abolishing the Diversity

16         Council and the State Customer Advisory Council

17         under the Department of Labor and Employment

18         Security; abolishing the State Agency Law

19         Enforcement Radio System Review Panel under the

20         Department of Management Services; abolishing

21         the Driver's Under the Influence (DUI) Advisory

22         Council and the Florida Rider Training Program

23         Citizen Motorcycle Safety Council under the

24         Department of Highway Safety and Motor

25         Vehicles; abolishing the Bonifay State Farmers

26         Market Advisory Council, Florida City State

27         Farmers Market Advisory Committee, Fort Myers

28         State Farmers Market Advisory Council, Fort

29         Pierce State Farmers Market Advisory Council,

30         Gadsden County State Farmers Market Advisory

31         Council, Immokalee State Farmers Market


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                                        CS/HB 501, First Engrossed



  1         Advisory Council, Nitrate Bill Best Management

  2         Practices Advisory Group, Palatka State Farmers

  3         Market Advisory Council, Plant City State

  4         Farmers Market Advisory Council, Pompano Beach

  5         Farmers Market Authority, Sanford State Farmers

  6         Market Advisory Council, Seed Potato Advisory

  7         Council, Starke State Farmers Market Advisory

  8         Council, Suwannee Valley State Farmers Market

  9         Advisory Council, Trenton State Farmers Market

10         Advisory Council, Tropical Soda Apple Task

11         Force, and Wauchula State Farmers Market

12         Advisory Council; providing effective dates.

13

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

15

16         Section 1.  Subsection (3) of section 24.103, Florida

17  Statutes, and section 24.106, Florida Statutes, are repealed.

18         Section 2.  Section 24.105, Florida Statutes, is

19  amended to read:

20         24.105  Powers and duties of department.--The

21  department shall:

22         (1)  Have the authority to sue or be sued in the

23  corporate name of the department and to adopt a corporate seal

24  and symbol.

25         (2)  Supervise and administer the operation of the

26  lottery in accordance with the provisions of this act and

27  rules adopted pursuant thereto.

28         (3)  For purposes of any investigation or proceeding

29  conducted by the department, have the power to administer

30  oaths, require affidavits, take depositions, issue subpoenas,

31


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                                        CS/HB 501, First Engrossed



  1  and compel the attendance of witnesses and the production of

  2  books, papers, documents, and other evidence.

  3         (4)  Make available to the commission any record or

  4  other information relating to the lottery that the commission

  5  requests.

  6         (4)(5)  Submit monthly and annual reports to the

  7  commission, the Governor, the Treasurer, the President of the

  8  Senate, and the Speaker of the House of Representatives

  9  disclosing the total lottery revenues, prize disbursements,

10  and other expenses of the department during the preceding

11  month.  The annual report shall additionally describe the

12  organizational structure of the department, including its

13  hierarchical structure, and shall identify the divisions and

14  bureaus created by the secretary and summarize the

15  departmental functions performed by each.

16         (5)(6)  Adopt by rule a system of internal audits.

17         (6)(7)  Maintain weekly or more frequent records of

18  lottery transactions, including the distribution of tickets to

19  retailers, revenues received, claims for prizes, prizes paid,

20  and other financial transactions of the department.

21         (7)(8)  Make a continuing study of the lottery to

22  ascertain any defects of this act or rules adopted thereunder

23  which could result in abuses in the administration of the

24  lottery; make a continuing study of the operation and the

25  administration of similar laws in other states and of federal

26  laws which may affect the lottery; and make a continuing study

27  of the reaction of the public to existing and potential

28  features of the lottery.

29         (8)(9)  Conduct such market research as is necessary or

30  appropriate, which may include an analysis of the demographic

31  characteristics of the players of each lottery game and an


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                                        CS/HB 501, First Engrossed



  1  analysis of advertising, promotion, public relations,

  2  incentives, and other aspects of communications.

  3         (9)(10)  Adopt rules governing the establishment and

  4  operation of the state lottery, including:

  5         (a)  The type of lottery games to be conducted, except

  6  that:

  7         1.  No name of an elected official shall appear on the

  8  ticket or play slip of any lottery game or on any prize or on

  9  any instrument used for the payment of prizes, unless such

10  prize is in the form of a state warrant.

11         2.  No coins or currency shall be dispensed from any

12  electronic computer terminal or device used in any lottery

13  game.

14         3.  Other than as provided in subparagraph 4., no

15  terminal or device may be used for any lottery game which may

16  be operated solely by the player without the assistance of the

17  retailer.

18         4.  The only player-activated machine which may be

19  utilized is a machine which dispenses instant lottery game

20  tickets following the insertion of a coin or currency by a

21  ticket purchaser.  To be authorized a machine must: be under

22  the supervision and within the direct line of sight of the

23  lottery retailer to ensure that the machine is monitored and

24  only operated by persons at least 18 years of age; be capable

25  of being electronically deactivated by the retailer to

26  prohibit use by persons less than 18 years of age through the

27  use of a lockout device that maintains the machine's

28  deactivation for a period of no less than 5 minutes; and be

29  designed to prevent its use or conversion for use in any

30  manner other than the dispensing of instant lottery tickets.

31  Authorized machines may dispense change to players purchasing


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                                        CS/HB 501, First Engrossed



  1  tickets but may not be utilized for paying the holders of

  2  winning tickets of any kind. At least one clerk must be on

  3  duty at the lottery retailer while the machine is in

  4  operation. However, at least two clerks must be on duty at any

  5  lottery location which has violated s. 24.1055.

  6         (b)  The sales price of tickets.

  7         (c)  The number and sizes of prizes.

  8         (d)  The method of selecting winning tickets.  However,

  9  if a lottery game involves a drawing, the drawing shall be

10  public and witnessed by an accountant employed by an

11  independent certified public accounting firm.  The equipment

12  used in the drawing shall be inspected before and after the

13  drawing.

14         (e)  The manner of payment of prizes to holders of

15  winning tickets.

16         (f)  The frequency of drawings or selections of winning

17  tickets.

18         (g)  The number and type of locations at which tickets

19  may be purchased.

20         (h)  The method to be used in selling tickets.

21         (i)  The manner and amount of compensation of

22  retailers.

23         (j)  Such other matters necessary or desirable for the

24  efficient or economical operation of the lottery or for the

25  convenience of the public.

26         (10)(11)  Have the authority to hold copyrights,

27  trademarks, and service marks and enforce its rights with

28  respect thereto.

29         (11)(12)  In the selection of games and method of

30  selecting winning tickets, be sensitive to the impact of the

31  lottery upon the pari-mutuel industry and, accordingly, the


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                                        CS/HB 501, First Engrossed



  1  department may use for any game the theme of horseracing,

  2  dogracing, or jai alai and may allow a lottery game to be

  3  based upon a horserace, dograce, or jai alai activity so long

  4  as the outcome of such lottery game is determined entirely by

  5  chance.

  6         (12)(13)(a)  Determine by rule information relating to

  7  the operation of the lottery which is confidential and exempt

  8  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  9  the State Constitution.  Such information includes trade

10  secrets; security measures, systems, or procedures; security

11  reports; information concerning bids or other contractual

12  data, the disclosure of which would impair the efforts of the

13  department to contract for goods or services on favorable

14  terms; employee personnel information unrelated to

15  compensation, duties, qualifications, or responsibilities; and

16  information obtained by the Division of Security pursuant to

17  its investigations which is otherwise confidential.  To be

18  deemed confidential, the information must be necessary to the

19  security and integrity of the lottery. Confidential

20  information may be released to other governmental entities as

21  needed in connection with the performance of their duties.

22  The receiving governmental entity shall retain the

23  confidentiality of such information as provided for in this

24  subsection.

25         (b)  Maintain the confidentiality of the street address

26  and the telephone number of a winner, in that such information

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

28  and s. 24(a), Art. I of the State Constitution, unless the

29  winner consents to the release of such information or as

30  provided for in s. 24.115(4) or s. 409.2577.

31


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                                        CS/HB 501, First Engrossed



  1         (c)  Any information made confidential and exempt from

  2  the provisions of s. 119.07(1) under this subsection shall be

  3  disclosed to a member of the commission, to the Auditor

  4  General, or to the independent auditor selected under s.

  5  24.123 upon such person's request therefor.  If the President

  6  of the Senate or the Speaker of the House of Representatives

  7  certifies that information made confidential under this

  8  subsection is necessary for effecting legislative changes, the

  9  requested information shall be disclosed to him or her, and he

10  or she may disclose such information to members of the

11  Legislature and legislative staff as necessary to effect such

12  purpose.

13         (13)(14)  Have the authority to perform any of the

14  functions of the Department of Management Services under

15  chapter 255, chapter 273, chapter 281, chapter 283, or chapter

16  287, or any rules adopted under any such chapter, and may

17  grant approvals provided for under any such chapter or rules.

18  If the department finds, by rule, that compliance with any

19  such chapter would impair or impede the effective or efficient

20  operation of the lottery, the department may adopt rules

21  providing alternative procurement procedures.  Such

22  alternative procedures shall be designed to allow the

23  department to evaluate competing proposals and select the

24  proposal that provides the greatest long-term benefit to the

25  state with respect to the quality of the products or services,

26  dependability and integrity of the vendor, dependability of

27  the vendor's products or services, security, competence,

28  timeliness, and maximization of gross revenues and net

29  proceeds over the life of the contract.

30         (14)(15)  Have the authority to acquire real property

31  and make improvements thereon.  The title to such property


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                                        CS/HB 501, First Engrossed



  1  shall be vested in the Board of Trustees of the Internal

  2  Improvement Trust Fund.  The board shall give the department

  3  preference in leasing state-owned lands under the board's

  4  control and may not exercise any jurisdiction over lands

  5  purchased or leased by the department while such lands are

  6  actively used by the department. Actions of the department

  7  under this subsection are exempt from the time limitations and

  8  deadlines of chapter 253.

  9         (15)(16)  Have the authority to charge fees to persons

10  applying for contracts as vendors or retailers, which fees are

11  reasonably calculated to cover the costs of investigations and

12  other activities related to the processing of the application.

13         (16)(17)  Enter into contracts for the purchase, lease,

14  or lease-purchase of such goods and services as are necessary

15  for the operation and promotion of the state lottery,

16  including assistance provided by any governmental agency.

17         (17)(18)  In accordance with the provisions of this

18  act, enter into contracts with retailers so as to provide

19  adequate and convenient availability of tickets to the public

20  for each game.

21         (18)(19)  Have the authority to enter into agreements

22  with other states for the operation and promotion of a

23  multistate lottery if such agreements are in the best interest

24  of the state lottery.  The authority conferred by this

25  subsection is not effective until 1 year after the first day

26  of lottery ticket sales.

27         (19)(20)  Employ division directors and other staff as

28  may be necessary to carry out the provisions of this act;

29  however:

30         (a)  No person shall be employed by the department who

31  has been convicted of, or entered a plea of guilty or nolo


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                                        CS/HB 501, First Engrossed



  1  contendere to, a felony committed in the preceding 10 years,

  2  regardless of adjudication, unless the department determines

  3  that:

  4         1.  The person has been pardoned or his or her civil

  5  rights have been restored; or

  6         2.  Subsequent to such conviction or entry of plea the

  7  person has engaged in the kind of law-abiding commerce and

  8  good citizenship that would reflect well upon the integrity of

  9  the lottery.

10         (b)  No officer or employee of the department having

11  decisionmaking authority shall participate in any decision

12  involving any vendor or retailer with whom the officer or

13  employee has a financial interest.  No such officer or

14  employee may participate in any decision involving any vendor

15  or retailer with whom the officer or employee has discussed

16  employment opportunities without the approval of the secretary

17  or, if such officer is the secretary or any member of the

18  commission, without the approval of the Governor.  Any officer

19  or employee of the department shall notify the secretary of

20  any such discussion or, if such officer is the secretary or a

21  member of the commission, he or she shall notify the Governor.

22  A violation of this paragraph is punishable in accordance with

23  s. 112.317.

24         (c)  No officer or employee of the department who

25  leaves the employ of the department shall represent any vendor

26  or retailer before the department regarding any specific

27  matter in which the officer or employee was involved while

28  employed by the department, for a period of 1 year following

29  cessation of employment with the department.  A violation of

30  this paragraph is punishable in accordance with s. 112.317.

31


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                                        CS/HB 501, First Engrossed



  1         (d)  The department shall establish and maintain a

  2  personnel program for its employees, including a personnel

  3  classification and pay plan which may provide any or all of

  4  the benefits provided in the Senior Management Service or

  5  Selected Exempt Service.  Each officer or employee of the

  6  department shall be a member of the Florida Retirement System.

  7  The retirement class of each officer or employee shall be the

  8  same as other persons performing comparable functions for

  9  other agencies.  Employees of the department shall serve at

10  the pleasure of the secretary and shall be subject to

11  suspension, dismissal, reduction in pay, demotion, transfer,

12  or other personnel action at the discretion of the secretary.

13  Such personnel actions are exempt from the provisions of

14  chapter 120. All employees of the department are exempt from

15  the Career Service System provided in chapter 110 and,

16  notwithstanding the provisions of s. 110.205(5), are not

17  included in either the Senior Management Service or the

18  Selected Exempt Service. However, all employees of the

19  department are subject to all standards of conduct adopted by

20  rule for career service and senior management employees

21  pursuant to chapter 110.  In the event of a conflict between

22  standards of conduct applicable to employees of the Department

23  of the Lottery the more restrictive standard shall apply.

24  Interpretations as to the more restrictive standard may be

25  provided by the Commission on Ethics upon request of an

26  advisory opinion pursuant to s. 112.322(3)(a), for purposes of

27  this subsection the opinion shall be considered final action.

28         (20)(21)  Adopt by rule a code of ethics for officers

29  and employees of the department which supplements the

30  standards of conduct for public officers and employees imposed

31  by law.


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                                        CS/HB 501, First Engrossed



  1         Section 3.  Paragraph (b) of subsection (7) of section

  2  24.108, Florida Statutes, is amended to read:

  3         24.108  Division of Security; duties; security

  4  report.--

  5         (7)

  6         (b)  The portion of the security report containing the

  7  overall evaluation of the department in terms of each aspect

  8  of security shall be presented to the commission, the

  9  Governor, the President of the Senate, and the Speaker of the

10  House of Representatives.  The portion of the security report

11  containing specific recommendations shall be confidential and

12  shall be presented only to the secretary, the commission, the

13  Governor, and the Auditor General; however, upon certification

14  that such information is necessary for the purpose of

15  effecting legislative changes, such information shall be

16  disclosed to the President of the Senate and the Speaker of

17  the House of Representatives, who may disclose such

18  information to members of the Legislature and legislative

19  staff as necessary to effect such purpose. However, any person

20  who receives a copy of such information or other information

21  which is confidential pursuant to this act or rule of the

22  department shall maintain its confidentiality.  The

23  confidential portion of the report is exempt from the

24  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

25  Constitution.

26         Section 4.  Subsection (3) of section 24.123, Florida

27  Statutes, is amended to read:

28         24.123  Annual audit of financial records and

29  reports.--

30         (3)  A copy of any audit performed pursuant to this

31  section shall be submitted to the secretary, the commission,


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                                        CS/HB 501, First Engrossed



  1  the Governor, the President of the Senate, the Speaker of the

  2  House of Representatives, and members of the Legislative

  3  Auditing Committee.

  4         Section 5.  Section 228.054, Florida Statutes, is

  5  repealed.

  6         Section 6.  Subsection (12) of section 228.053, Florida

  7  Statutes, is amended to read:

  8         228.053  Developmental research schools.--

  9         (12)  EXCEPTIONS TO LAW.--To encourage innovative

10  practices and facilitate the mission of the developmental

11  research schools, in addition to the exceptions to law

12  specified in s. 229.592, the following exceptions shall be

13  permitted for developmental research schools:

14         (a)  The methods and requirements of the following

15  statutes shall be held in abeyance:  ss. 230.01; 230.02;

16  230.03; 230.04; 230.05; 230.061; 230.10; 230.105; 230.11;

17  230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19;

18  230.201; 230.202; 230.21; 230.22; 230.2318; 230.24; 230.241;

19  230.26; 230.28; 230.30; 230.303; 230.31; 230.32; 230.321;

20  230.33; 230.35; 230.39; 230.63; 230.64; 230.643; 234.01;

21  234.021; 236.25; 236.261; 236.29; 236.31; 236.32; 236.35;

22  236.36; 236.37; 236.38; 236.39; 236.40; 236.41; 236.42;

23  236.43; 236.44; 236.45; 236.46; 236.47; 236.48; 236.49;

24  236.50; 236.51; 236.52; 236.55; 236.56; 237.051; 237.071;

25  237.091; 237.201; 237.40; and 316.75. With the exception of

26  subsection (16) of s. 230.23, s. 230.23 shall be held in

27  abeyance. Reference to school boards in s. 230.23(16) shall

28  mean the president of the university or the president's

29  designee.

30         (b)  The following statutes or related rules may be

31  waived for any developmental research school so requesting,


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                                        CS/HB 501, First Engrossed



  1  provided the general statutory purpose of each section is met

  2  and the developmental research school has submitted a written

  3  request to the Commissioner of Education Joint Developmental

  4  Research School Planning, Articulation, and Evaluation

  5  Committee for approval pursuant to this subsection:  ss.

  6  229.555; 231.291; 232.2462; 233.34; 237.01; 237.02; 237.031;

  7  237.041; 237.061; 237.081; 237.111; 237.121; 237.131; 237.141;

  8  237.151; 237.161; 237.162; 237.171; 237.181; 237.211; and

  9  237.34. Notwithstanding reference to the responsibilities of

10  the superintendent or school board in chapter 237,

11  developmental research schools shall follow the policy intent

12  of the chapter and shall, at least, adhere to the general

13  state agency accounting procedures established in s. 11.46.

14         1.  Two or more developmental research schools may

15  jointly originate a request for waiver and submit the request

16  to the commissioner committee if such waiver is approved by

17  the school advisory council of each developmental research

18  school desiring the waiver.

19         2.  A developmental research school may submit a

20  request to the commissioner committee for a waiver if such

21  request is presented by a school advisory council established

22  pursuant to s. 229.58, if such waiver is required to implement

23  a school improvement plan required by s. 230.23(16), and if

24  such request is made using forms established pursuant to s.

25  229.592. The department Joint Developmental Research School

26  Planning, Articulation, and Evaluation Committee shall monitor

27  the waiver activities of all developmental research schools

28  and shall report annually to the department, in conjunction

29  with the feedback report required pursuant to s. 229.592, the

30  number of waivers requested and submitted to the committee by

31  developmental research schools, and the number of such waiver


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                                        CS/HB 501, First Engrossed



  1  requests not approved. For each waiver request not approved,

  2  the committee shall report the statute or rule for which the

  3  waiver was requested, the rationale for the developmental

  4  research school request, and the reason the request was not

  5  approved.

  6         (c)  The written request for waiver of statute or rule

  7  shall indicate at least how the general statutory purpose will

  8  be met, how granting the waiver will assist schools in

  9  improving student outcomes related to the student performance

10  standards adopted pursuant to s. 229.592, and how student

11  improvement will be evaluated and reported. In considering any

12  waiver, the commissioner committee shall ensure protection of

13  the health, safety, welfare, and civil rights of the students

14  and protection of the public interest.

15         (d)  Notwithstanding the request provisions of s.

16  229.592, developmental research schools shall request all

17  waivers through the commissioner Joint Developmental Research

18  School Planning, Articulation, and Evaluation Committee, as

19  established in s. 228.054. The commissioner committee shall

20  approve or disapprove said requests pursuant to this

21  subsection and s. 229.592; however, the Commissioner of

22  Education shall have standing to challenge any decision of the

23  committee should it adversely affect the health, safety,

24  welfare, or civil rights of the students or public interest.

25  The department shall immediately notify the committee and

26  developmental research school of the decision and provide a

27  rationale therefor.

28         Section 7.  Subsection (6) of section 228.2001, Florida

29  Statutes, is amended to read:

30         228.2001  Discrimination against students and employees

31  in state system of public education; prohibitions; equality of


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                                        CS/HB 501, First Engrossed



  1  access; strategies to overcome underrepresentation;

  2  remedies.--

  3         (6)  The functions of the Office of Equal Educational

  4  Opportunity of the Department of Education shall include, but

  5  not be limited to:

  6         (a)  Requiring all boards to develop and submit plans

  7  for the implementation of this section to the Department of

  8  Education.

  9         (b)  Conducting periodic reviews of educational

10  agencies to determine compliance with this section and, after

11  a finding that an educational agency is not in compliance with

12  this section, notifying the agency of the steps that it must

13  take to attain compliance.

14         (c)  Providing technical assistance, including

15  assisting educational agencies in identifying unlawful

16  discrimination and instructing them in remedies for correction

17  and prevention of such discrimination.

18         (d)  Conducting studies of the effectiveness of methods

19  and strategies designed to increase the participation of

20  students in programs and courses in which students of a

21  particular race, national origin, sex, handicap, or marital

22  status have been traditionally underrepresented and monitoring

23  the success of students in such programs of courses.

24         (e)  Requiring all boards to submit data and

25  information necessary to determine compliance with this

26  section.  The Commissioner of Education shall prescribe the

27  format and the date for submission of such data and any other

28  educational equity data. If any district does not submit the

29  required compliance data or other required educational equity

30  data by the prescribed date, the commissioner shall notify the

31  district school board of this fact and, if the appropriate


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                                        CS/HB 501, First Engrossed



  1  action is not taken to immediately submit the required report,

  2  the school board shall be directed to proceed pursuant to the

  3  provisions of s. 230.23(11)(b).  If any community college or

  4  university does not submit required data and information by

  5  the prescribed date, the same policy as prescribed for school

  6  districts shall be implemented.

  7         (f)  Coordinating the work of a Task Force on Gender

  8  Equity in Education.  The task force shall consist of 11

  9  members.  The Commissioner of Education shall appoint three

10  members:  two shall be athletic directors at public high

11  schools and one may be a member at large.  The Chancellor of

12  the State University System shall appoint two members who are

13  athletic directors at state universities that offer

14  scholarships for athletes in all major sports.  The Executive

15  Director of the Community College System shall appoint two

16  members who are athletic directors at community colleges.  The

17  President of the Senate shall appoint two members and the

18  Speaker of the House of Representatives shall appoint two

19  members.  The Commissioner of Education, the Chancellor of the

20  State University System, the Executive Director of the

21  Community College System, the President of the Senate, and the

22  Speaker of the House of Representatives shall coordinate their

23  appointments to ensure that the task force represents, to the

24  maximum extent possible, the gender, racial, and ethnic

25  diversity of the state. By July 1, 1994, the task force shall

26  define equity in athletics at all levels of public education

27  and shall recommend to the Commissioner of Education rules for

28  appropriate enforcement mechanisms to ensure equity. The

29  recommendations must include:

30

31


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                                        CS/HB 501, First Engrossed



  1         1.  A determination of an equitable rate of

  2  participation of males and females in athletics at public

  3  educational agencies and institutions.

  4         2.  A determination of the appropriate consideration of

  5  revenues when making decisions about equitable use of funds

  6  for support of athletic activities.  In making this

  7  determination, the task force shall consider all funds

  8  received and expended for athletic promotion or support,

  9  including revenues from direct-support organizations

10  established under s. 237.40, s. 240.299, or s. 240.363.

11         (f)(g)  Based upon recommendations of the task force

12  created in paragraph (f) and rules of the State Board of

13  Education, developing and implementing enforcement mechanisms

14  with appropriate penalties to ensure that public schools and

15  community colleges comply with Title IX of the Education

16  Amendments of 1972 and subsection (3) of this section.

17  However, the Department of Education may not force an

18  educational agency to conduct, nor penalize an educational

19  agency for not conducting, a program of athletic activity or

20  athletic scholarship for female athletes unless it is an

21  athletic activity approved for women by a recognized

22  association whose purpose is to promote athletics and a

23  conference or league exists to promote interscholastic or

24  intercollegiate competition for women in that athletic

25  activity.

26         (g)(h)  Beginning July 1, 1994, reporting to the

27  Commissioner of Education any public community college or

28  school district found to be out of compliance with rules of

29  the State Board of Education adopted as required by paragraph

30  (f) (g) or paragraph (3)(d).  To penalize the community

31  college or school district, the commissioner shall:


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                                        CS/HB 501, First Engrossed



  1         1.  Declare the educational agency ineligible for

  2  competitive state grants.

  3         2.  Notwithstanding the provisions of s. 216.192,

  4  direct the Comptroller to withhold general revenue funds

  5  sufficient to obtain compliance from the educational agency.

  6

  7  The educational agency shall remain ineligible and the funds

  8  shall not be paid until the agency comes into compliance or

  9  the commissioner approves a plan for compliance.

10         Section 8.  Subsection (7) of section 230.2305, Florida

11  Statutes, is repealed, and paragraph (b) of subsection (2),

12  paragraphs (h) and (i) of subsection (3), and subsection (5)

13  of said section are amended to read:

14         230.2305  Prekindergarten early intervention program.--

15         (2)  ELIGIBILITY.--There is hereby created the

16  prekindergarten early intervention program for children who

17  are 3 and 4 years of age.  A prekindergarten early

18  intervention program shall be administered by a district

19  school board and shall receive state funds pursuant to

20  subsection (6). Each public school district shall make

21  reasonable efforts to accommodate the needs of children for

22  extended day and extended year services without compromising

23  the quality of the 6-hour, 180-day program.  The school

24  district shall report on such efforts. School district

25  participation in the prekindergarten early intervention

26  program shall be at the discretion of each school district.

27         (b)  An "economically disadvantaged" child shall be

28  defined as a child eligible to participate in the free lunch

29  program.  Notwithstanding any change in a family's economic

30  status or in the federal eligibility requirements for free

31  lunch, a child who meets the eligibility requirements upon


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                                        CS/HB 501, First Engrossed



  1  initial registration for the program shall be considered

  2  eligible until the child reaches kindergarten age.  In order

  3  to assist the school district in establishing the priority in

  4  which children shall be served, and to increase the efficiency

  5  in the provision of child care services in each district, the

  6  district shall enter into a written collaborative agreement

  7  with other publicly funded early education and child care

  8  programs within the district. Such agreement shall be

  9  facilitated by the interagency coordinating council and shall

10  set forth, among other provisions, the measures to be

11  undertaken to ensure the programs' achievement and compliance

12  with the performance standards established in subsection (3)

13  and for maximizing the public resources available to each

14  program.  In addition, the central agency for state-subsidized

15  child care or the local service district of the Department of

16  Children and Family Services shall provide the school district

17  with an updated list of 3-year-old and 4-year-old children

18  residing in the school district who are on the waiting list

19  for state-subsidized child care.

20         (3)  STANDARDS.--

21         (h)  Services are to be provided during a school day

22  and school year equal to or exceeding the requirements for

23  kindergarten under ss. 228.041 and 236.013. Strategies to

24  provide care before school, after school, and 12 months a

25  year, when needed, must be developed by the school district in

26  cooperation with the central agency for state-subsidized child

27  care or the local service district of the Department of

28  Children and Family Services and the district interagency

29  coordinating council.  Programs may be provided on Saturdays

30  and through other innovative scheduling arrangements.

31


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                                        CS/HB 501, First Engrossed



  1         (i)  The school district must make efforts to meet the

  2  first state education goal, readiness to start school,

  3  including the involvement of nonpublic schools, public and

  4  private providers of day care and early education, and other

  5  community agencies that provide services to young children.

  6  This may include private child care programs, subsidized child

  7  care programs, and Head Start programs. A written description

  8  of these efforts must be provided to the district interagency

  9  coordinating council on early childhood services.

10         (5)  ANNUAL REPORT.--Each prekindergarten early

11  intervention program under this section shall submit an annual

12  report of its program to the Department of Education district

13  interagency coordinating council on early childhood services.

14  The report must describe the overall program operations;

15  activities of the district interagency coordinating council on

16  early childhood services; expenditures; the number of students

17  served; ratio of staff to children; staff qualifications;

18  evaluation findings, including identification of program

19  components that were most successful; and other information

20  required by the State Coordinating Council for School

21  Readiness Programs council or the state advisory council.

22         Section 9.  Subsections (3), (7), and (8) of section

23  230.2303, Florida Statutes, are amended to read:

24         230.2303  Florida First Start Program.--

25         (3)  PLAN.--Each school board may submit to the

26  Commissioner of Education a plan for conducting a Florida

27  First Start Program.  Each plan and subsequent amended plan

28  shall be developed in cooperation with the district

29  interagency coordinating council on early childhood services

30  established pursuant to s. 230.2305 and the Interagency

31  Prekindergarten Council for Children with Disabilities, and


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                                        CS/HB 501, First Engrossed



  1  shall be approved by the commissioner. A district school

  2  board's plan must be designed to serve children from birth to

  3  3 years of age who are disabled or at risk of future school

  4  failure and to serve their parents.  For the purposes of this

  5  section, the term "children with disabilities or at risk of

  6  future school failure" includes any child who has one or more

  7  of the characteristics described in s. 411.202(9).

  8         (7)  ANNUAL REPORT.--Each district school board that

  9  implements a program under this section shall, with the

10  assistance of the district interagency coordinating council on

11  early childhood services, submit an annual report of its

12  program to the commissioner.  The report must describe the

13  overall program operations, activities of the district

14  interagency coordinating council, expenditures, the number of

15  children served, staff training and qualifications, and

16  evaluation findings.

17         (8)  COORDINATION.--

18         (a)  The Florida First Start Program shall be included

19  under the jurisdiction of the State Coordinating Council for

20  School Readiness Programs established pursuant to s. 411.222.

21  The council shall make recommendations for effective

22  implementation of the program and shall advise the Department

23  of Education on needed legislation, rules, and technical

24  assistance to ensure the continued implementation of an

25  effective program.

26         (b)  Each school district shall develop, implement, and

27  evaluate its program in cooperation with the district

28  interagency coordinating council established under s.

29  230.2305.

30         Section 10.  Subsection (1) of section 230.2306,

31  Florida Statutes, is amended to read:


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                                        CS/HB 501, First Engrossed



  1         230.2306  Prekindergarten children service needs

  2  assessments; reports; reasonable efforts by school district.--

  3         (1)  In each county, the district school board, the

  4  central child care agency, the Head Start program, and a

  5  private provider of preschool services, in cooperation with

  6  the district interagency coordinating council established

  7  under s. 230.2305, shall:

  8         (a)  Assess the service needs of all preschool children

  9  who are eligible for subsidized child care to identify those

10  who require services beyond the current 6-hour, 180-day

11  prekindergarten program.

12         (b)  Determine how many children are eligible for

13  prekindergarten programs, but are not enrolled because the

14  hours of availability do not meet the family's need.

15         Section 11.  Subsection (9) of section 402.3015,

16  Florida Statutes, is amended to read:

17         402.3015  Subsidized child care program; purpose; fees;

18  contracts.--

19         (9)  The central agency for state subsidized child care

20  or the local service district of the Department of Children

21  and Family Services shall develop cooperate with the local

22  interagency coordinating council as defined in s. 230.2305 in

23  the development of written collaborative agreements with each

24  local school district.

25         (a)  The central agency shall develop in consultation

26  with the local interagency council a plan for implementing and

27  conducting a child care program.  Such plan shall include the

28  tentative budget and measures for maximizing public resources.

29         (b)  The department shall monitor each subsidized child

30  care provider at least annually to determine compliance with

31  the collaborative agreement facilitated by the local


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                                        CS/HB 501, First Engrossed



  1  interagency coordinating council.  If a provider fails to

  2  bring its program into compliance with the agreement or the

  3  plan within 3 months after an evaluation citing deficiencies,

  4  the department must withhold such administrative funds as have

  5  been allocated to the program and which have not yet been

  6  released.

  7         Section 12.  Paragraph (d) of subsection (5) of section

  8  409.178, Florida Statutes, is amended to read:

  9         409.178  Child Care Executive Partnership Act; findings

10  and intent; grant; limitation; rules.--

11         (5)

12         (d)  Each community coordinated child care agency shall

13  be required to establish a community child care task force for

14  each child care purchasing pool. The task force must be

15  composed of employers, parents, private child care providers,

16  and one representative each from the district interagency

17  coordinating council for children's services and the local

18  children's services council, if one exists they exist in the

19  area of the purchasing pool. The community coordinated child

20  care agency is expected to recruit the task force members from

21  existing child care councils, commissions, or task forces

22  already operating in the area of a purchasing pool. A majority

23  of the task force shall consist of employers.  Each task force

24  shall develop a plan for the use of child care purchasing pool

25  funds. The plan must show how many children will be served by

26  the purchasing pool, how many will be new to receiving child

27  care services, and how the community coordinated child care

28  agency intends to attract new employers and their employees to

29  the program.

30         Section 13.  Paragraph (a) of subsection (5) of section

31  411.01, Florida Statutes, is amended to read:


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                                        CS/HB 501, First Engrossed



  1         411.01  Florida Partnership for School Readiness;

  2  school readiness coalitions.--

  3         (5)  CREATION OF SCHOOL READINESS COALITIONS.--

  4         (a)  School readiness coalitions.--

  5         1.  If a coalition's plan would serve less than 400

  6  birth-to-kindergarten age children, the coalition must either

  7  join with another county to form a multicounty coalition,

  8  enter an agreement with a fiscal agent to serve more than one

  9  coalition, or demonstrate to the partnership its ability to

10  effectively and efficiently implement its plan as a

11  single-county coalition and meet all required performance

12  standards and outcome measures.

13         2.  Each coalition shall have at least 18 but not more

14  than 25 members and such members must include the following:

15         a.  A Department of Children and Family Services

16  district administrator or his or her designee who is

17  authorized to make decisions on behalf of the department.

18         b.  A district superintendent of schools or his or her

19  designee who is authorized to make decisions on behalf of the

20  district.

21         c.  A regional workforce development board chair or

22  director, where applicable.

23         d.  A county health department director or his or her

24  designee.

25         e.  A children's services council or juvenile welfare

26  board chair or executive director, if applicable.

27         f.  A child care licensing agency head.

28         g.  One member appointed by a Department of Children

29  and Family Services district administrator.

30         h.  One member appointed by a board of county

31  commissioners.


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                                        CS/HB 501, First Engrossed



  1         i.  One member appointed by a district school board.

  2         j.  A central child care agency administrator.

  3         k.  A Head Start director.

  4         l.  A representative of private child care providers.

  5         m.  A representative of faith-based child care

  6  providers.

  7

  8  More than one-third of the coalition members must be from the

  9  private sector, and neither they nor their families may earn

10  an income from the early education and child care industry. To

11  meet this requirement a coalition must appoint additional

12  members from a list of nominees presented to the coalition by

13  a chamber of commerce or economic development council within

14  the geographic area of the coalition.

15         3.  No member of a coalition may appoint a designee to

16  act in his or her place. A member may send a representative to

17  coalition meetings, but that representative will have no

18  voting privileges. When a district superintendent of schools

19  or a district administrator for the Department of Children and

20  Family Services appoints a designee to a school readiness

21  coalition, the designee will be the voting member of the

22  coalition, and any individual attending in his or her place,

23  including the district administrator or superintendent, will

24  have no voting privileges.

25         4.  The school readiness coalition shall replace the

26  district interagency coordinating council required under s.

27  230.2305.

28         4.5.  Members of the coalition are subject to the

29  ethics provisions in part III of chapter 112.

30

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                                        CS/HB 501, First Engrossed



  1         5.6.  For the purposes of tort liability, the members

  2  of the school readiness coalition and its employees shall be

  3  governed by s. 768.28.

  4         6.7.  Multicounty coalitions shall include

  5  representation from each county.

  6         7.8.  The terms of all appointed members of the

  7  coalition must be staggered. Appointed members may serve a

  8  maximum of two terms. When a vacancy occurs in an appointed

  9  position, the coalition must advertise the vacancy.

10         Section 14.  Subsection (3) of section 232.2466,

11  Florida Statutes, is repealed.

12         Section 15.  Section 255.565, Florida Statutes, is

13  repealed.

14         Section 16.  Section 255.553, Florida Statutes, is

15  amended to read:

16         255.553  Survey required.--Each state agency shall

17  survey or cause to be surveyed for the presence of

18  asbestos-containing materials each public building for which

19  it is responsible. The survey shall be conducted by an

20  asbestos consultant licensed under chapter 469 and shall be

21  conducted in accordance with AHERA initial inspection

22  procedures; Environmental Protection Agency guidelines;

23  National Emission Standards for Hazardous Air Pollutants; and

24  Occupational Safety and Health Administration regulations; and

25  any subsequent recommendations made by the Asbestos Oversight

26  Program Team established under s. 255.565. The survey shall:

27         (1)  Determine all materials which may contain

28  asbestos;

29         (2)  Identify the location and quantify the types of

30  asbestos-containing materials;

31


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                                        CS/HB 501, First Engrossed



  1         (3)  Assess the hazard of the existing

  2  asbestos-containing materials as they relate to any situation

  3  where a person may come into contact with asbestos;

  4         (4)  Prioritize the areas which need immediate asbestos

  5  abatement action according to the hazard assessment; and

  6         (5)  Estimate the cost of recommended abatement

  7  alternatives.

  8

  9  The asbestos program administrator shall review the asbestos

10  surveys and consult with the affected agency to determine on a

11  priority basis the need for instituting abatement procedures,

12  and the asbestos program administrator shall institute

13  abatement procedures on a priority basis as directed by the

14  secretary of the Department of Labor and Employment Security.

15         Section 17.  Section 255.556, Florida Statutes, is

16  amended to read:

17         255.556  Asbestos assessment.--When the survey

18  indicates the presence of friable asbestos-containing

19  materials in a public building, the survey shall also include

20  an assessment of the level of airborne asbestos fibers.  This

21  assessment shall include a visual assessment followed by an

22  analysis of air samples which shall be conducted in accordance

23  with rules of the Department of Labor and Employment Security;

24  Environmental Protection Agency guidelines; National Emission

25  Standards for Hazardous Air Pollutants; and Occupational

26  Safety and Health Administration regulations; and any

27  subsequent recommendations made by the Asbestos Oversight

28  Program Team established under s. 255.565.  If the overall

29  assessment indicates the presence of asbestos greater than

30  0.01 asbestos structures per cubic centimeter during periods

31  of normal activity, response action shall be taken.


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                                        CS/HB 501, First Engrossed



  1         Section 18.  Section 255.563, Florida Statutes, is

  2  amended to read:

  3         255.563  Rules; Department of Labor and Employment

  4  Security.--The Department of Labor and Employment Security

  5  shall adopt all rules relating to asbestos in public buildings

  6  reasonably necessary to implement the provisions of ss.

  7  255.551-255.565.  In developing the rules, the department

  8  shall consider the criteria established in the Asbestos

  9  Identification and Remediation Plan dated January 1, 1987, and

10  issued pursuant to chapter 86-135, Laws of Florida;

11  Environmental Protection Agency guidelines; AHERA; National

12  Emission Standards for Hazardous Air Pollutants; and

13  Occupational Safety and Health Administration regulations; and

14  any subsequent recommendations made by the Asbestos Oversight

15  Program Team established under s. 255.565.

16         Section 19.  Subsections (2), (3), (4), (5), and (6) of

17  section 272.12, Florida Statutes, are repealed.

18         Section 20.  Section 272.121, Florida Statutes, is

19  amended to read:

20         272.121  Capitol Center long-range planning.--

21         (1)  The Department of Management Services shall

22  develop a comprehensive and long-range plan for the

23  development of state-owned property within the Capitol Center,

24  which plan, and amendments thereto, shall be presented to the

25  planning commission for final approval.  In developing this

26  plan, the department shall consider:

27         (a)  The most efficient, expeditious, and economical

28  method of accomplishing the desired results.

29         (b)  The architectural and aesthetic coordination of

30  the proposed plan with the existing structures.

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                                        CS/HB 501, First Engrossed



  1         (c)  The effective utilization of all available space

  2  so as to minimize waste.

  3         (d)  The plans adopted by the local planning agencies

  4  in Leon County.

  5         (2)  The department shall further determine the needs

  6  of state government and the various agencies thereof occupying

  7  the Capitol Center and activities requiring space or

  8  facilities in the Capitol Center. When these needs have been

  9  determined the department shall develop a comprehensive plan

10  for meeting these needs and for providing immediate facilities

11  for state government and its agencies to effectively and

12  efficiently discharge their duties and responsibilities, which

13  plan shall be consistent with the plan for development of the

14  Capitol Center Planning District.

15         (3)  In carrying out the provisions of the foregoing,

16  the department shall consult with the Capitol Center Planning

17  Commission and shall request the cooperation of those state

18  and private architects, engineers and interior designers

19  determined by the department to possess expertise or

20  information helpful to the development of a Capitol Plan and

21  solicit and accept information, suggestions, and

22  recommendations from all interested parties.

23         (4)  The commission and the department shall prepare a

24  report of its their findings and recommendations and submit

25  the same to the Governor and the Legislature every fifth year,

26  except that the next report shall not be due until February 1,

27  1979.  Said report shall reflect the actions of the commission

28  and the department in carrying out the provisions of this act

29  and shall include an updated comprehensive plan to carry out

30  the provisions of this act each time the report is submitted.

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                                        CS/HB 501, First Engrossed



  1         (5)  The department is authorized to contract with the

  2  City of Tallahassee, Leon County, the Tallahassee-Leon County

  3  Planning Department, or any other agency of such city or

  4  county to obtain planning services and functions required for

  5  the planning and development of the district in harmony with

  6  the coordinated planning of the city and the county. Services

  7  and functions covered under such agreements may include, but

  8  shall not be limited to, topographic surveys; base mapping;

  9  inventory of land use, employment, parking, and building floor

10  areas; land acquisition information; analysis of trends;

11  physical planning activities, including a master plan and any

12  other required planning studies; preparation of zoning codes

13  to provide for compatible development within the Capitol

14  Center area and in the vicinity thereof; coordination of plans

15  for development in of the district with city and county

16  development plans; and application for and use of federal

17  funds which may be available for planning or related purposes.

18         Section 21.  Section 295.184, Florida Statutes, is

19  amended to read:

20         295.184  Report; design, cost estimates.--The

21  Commission on Veterans' Affairs shall consider the appropriate

22  design of the memorial and may solicit design proposals from

23  members of the public. The Commission on Veterans' Affairs, in

24  cooperation with the Department of Management Services and the

25  City of Tallahassee Capitol Center Planning Commission, shall

26  consider the location of the memorial within the Florida

27  Capitol Center Planning District. On or before January 31,

28  2002, the Commission on Veterans' Affairs shall submit to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives its recommendations for the location

31  and design of the memorial. The report must include an


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                                        CS/HB 501, First Engrossed



  1  estimate of the cost to acquire the site for the memorial and

  2  of the cost to construct the memorial in accordance with the

  3  design proposal recommended by the Commission on Veterans'

  4  Affairs, as well as the life-cycle cost estimate required by

  5  s. 255.255. The Department of Management Services shall assist

  6  the Commission on Veterans' Affairs in preparing the estimates

  7  for timely inclusion in the report.

  8         Section 22.  (1)  All rules, regulations, or orders of

  9  the Capitol Center Planning Commission regulating development

10  within the Capitol Center Planning District in effect at the

11  time of the effective date of this act shall remain in effect

12  until superseded by regulation or order of the City of

13  Tallahassee.

14         (2)  Any owner of property within the Capitol Center

15  Planning District who, prior to the effective date of this

16  act, has obtained any permit, certification, or other

17  development approval from the Capitol Center Planning

18  Commission shall be allowed to continue the development so

19  authorized in accordance with the regulations in effect at the

20  time of the issuance of such permit, certification, or other

21  development approval.

22         Section 23.  Section 282.3095, Florida Statutes, is

23  repealed.

24         Section 24.  Section 285.19, Florida Statutes, is

25  repealed.

26         Section 25.  Section 286.30, Florida Statutes, is

27  repealed.

28         Section 26.  Paragraph (d) of subsection (4) of section

29  216.235, Florida Statutes, is amended to read:

30         216.235  Innovation Investment Program; intent;

31  definitions; composition and responsibilities of State


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                                        CS/HB 501, First Engrossed



  1  Innovation Committee; responsibilities of the Department of

  2  Management Services, the Information Resource Commission, and

  3  the review board; procedures for innovative project

  4  submission, review, evaluation, and approval; criteria to be

  5  considered.--

  6         (4)  There is hereby created the State Innovation

  7  Committee, which shall have final approval authority as to

  8  which innovative investment projects submitted under this

  9  section shall be funded. Such committee shall be comprised of

10  five members. Appointed members shall serve terms of 1 year

11  and may be reappointed. The committee shall include:

12         (d)  One representative of the private sector appointed

13  by the Governor Commission on Government Accountability to the

14  People.

15

16  The Secretary of Management Services shall serve as an

17  alternate in the event a member is unable to attend the

18  committee meeting.

19         Section 27.  Section 391.222, Florida Statutes, is

20  repealed.

21         Section 28.  Paragraph (a) of subsection (4) and

22  subsection (5) of section 402.40, Florida Statutes, are

23  amended to read:

24         402.40  Child welfare training.--

25         (4)  CHILD WELFARE TRAINING TRUST FUND.--

26         (a)  There is created within the State Treasury a Child

27  Welfare Training Trust Fund to be used by the Department of

28  Children and Family Services for the purpose of funding a

29  comprehensive system of child welfare training, including the

30  securing of consultants to develop the system and the

31  developing of, the staff of the council, the expenses of the


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                                        CS/HB 501, First Engrossed



  1  council members, the child welfare training academies that

  2  include and the participation of dependency program staff in

  3  the training.

  4         (5)  ESTABLISHMENT OF TRAINING ACADEMIES.--The

  5  department shall contract for the operation of one or more

  6  training academies with Tallahassee Community College. The

  7  number, location, and timeframe for establishment of

  8  additional training academies shall be according to the

  9  recommendation of the council as approved by the Secretary of

10  Children and Family Services.

11         Section 29.  Subsection (2) of section 404.056, Florida

12  Statutes, is repealed.

13         Section 30.  Effective January 1, 2002, subsections

14  (13) and (14) of section 440.49, Florida Statutes, are

15  repealed, and subsection (2), paragraph (a) of subsection (9),

16  and subsection (10) of said section are amended to read:

17         440.49  Limitation of liability for subsequent injury

18  through Special Disability Trust Fund.--

19         (2)  DEFINITIONS.--As used in this section, the term:

20         (a)  "Permanent physical impairment" means and is

21  limited to the conditions listed in paragraph (6)(a).

22         (b)  "Preferred worker" means a worker who, because of

23  a permanent impairment resulting from a compensable injury or

24  occupational disease, is unable to return to the worker's

25  regular employment.

26         (c)  "Merger" describes or means that:

27         1.  If the permanent physical impairment had not

28  existed, the subsequent accident or occupational disease would

29  not have occurred;

30         2.  The permanent disability or permanent impairment

31  resulting from the subsequent accident or occupational disease


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                                        CS/HB 501, First Engrossed



  1  is materially and substantially greater than that which would

  2  have resulted had the permanent physical impairment not

  3  existed, and the employer has been required to pay, and has

  4  paid, permanent total disability or permanent impairment

  5  benefits for that materially and substantially greater

  6  disability;

  7         3.  The preexisting permanent physical impairment is

  8  aggravated or accelerated as a result of the subsequent injury

  9  or occupational disease, or the preexisting impairment has

10  contributed, medically and circumstantially, to the need for

11  temporary compensation, medical, or attendant care and the

12  employer has been required to pay, and has paid, temporary

13  compensation, medical, or attendant care benefits for the

14  aggravated preexisting permanent impairment; or

15         4.  Death would not have been accelerated if the

16  permanent physical impairment had not existed.

17         (d)  "Excess permanent compensation" means that

18  compensation for permanent impairment, or permanent total

19  disability or death benefits, for which the employer or

20  carrier is otherwise entitled to reimbursement from the

21  Special Disability Trust Fund.

22         (e)  "Administrator" means the entity selected by the

23  division commission to review, allow, deny, compromise,

24  controvert, and litigate claims of the Special Disability

25  Trust Fund.

26         (f)  "Corporation" means the Special Disability Trust

27  Fund Financing Corporation, as created under subsection (14).

28         (g)  "Commission" means the Special Disability Trust

29  Fund Privatization Commission, as created under subsection

30  (13).

31


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                                        CS/HB 501, First Engrossed



  1  In addition to the definitions contained in this subsection,

  2  the division may by rule prescribe definitions that are

  3  necessary for the effective administration of this section.

  4         (9)  SPECIAL DISABILITY TRUST FUND.--

  5         (a)  There is established in the State Treasury a

  6  special fund to be known as the "Special Disability Trust

  7  Fund," which shall be available only for the purposes stated

  8  in this section; and the assets thereof may not at any time be

  9  appropriated or diverted to any other use or purpose. The

10  Treasurer shall be the custodian of such fund, and all moneys

11  and securities in such fund shall be held in trust by such

12  Treasurer and shall not be the money or property of the state.

13  The Treasurer is authorized to disburse moneys from such fund

14  only when approved by the division or corporation and upon the

15  order of the Comptroller. The Treasurer shall deposit any

16  moneys paid into such fund into such depository banks as the

17  division or corporation may designate and is authorized to

18  invest any portion of the fund which, in the opinion of the

19  division, is not needed for current requirements, in the same

20  manner and subject to all the provisions of the law with

21  respect to the deposits of state funds by such Treasurer. All

22  interest earned by such portion of the fund as may be invested

23  by the Treasurer shall be collected by her or him and placed

24  to the credit of such fund.

25         (10)  DIVISION ADMINISTRATION OF FUND; CLAIMS; ADVISORY

26  COMMITTEE; EXPENSES.--The division or administrator shall

27  administer the Special Disability Trust Fund with authority to

28  allow, deny, compromise, controvert, and litigate claims made

29  against it and to designate an attorney to represent it in

30  proceedings involving claims against the fund, including

31  negotiation and consummation of settlements, hearings before


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                                        CS/HB 501, First Engrossed



  1  judges of compensation claims, and judicial review. The

  2  division or administrator or the attorney designated by it

  3  shall be given notice of all hearings and proceedings

  4  involving the rights or obligations of such fund and shall

  5  have authority to make expenditures for such medical

  6  examinations, expert witness fees, depositions, transcripts of

  7  testimony, and the like as may be necessary to the proper

  8  defense of any claim. The division shall appoint an advisory

  9  committee composed of representatives of management,

10  compensation insurance carriers, and self-insurers to aid it

11  in formulating policies with respect to conservation of the

12  fund, who shall serve without compensation for such terms as

13  specified by it, but be reimbursed for travel expenses as

14  provided in s. 112.061. All expenditures made in connection

15  with conservation of the fund, including the salary of the

16  attorney designated to represent it and necessary travel

17  expenses, shall be allowed and paid from the Special

18  Disability Trust Fund as provided in this section upon the

19  presentation of itemized vouchers therefor approved by the

20  division.

21         Section 31.  Section 442.105, Florida Statutes, is

22  repealed.

23         Section 32.  Subsection (26) of section 499.005,

24  Florida Statutes, and paragraph (c) of subsection (1) of

25  section 499.05, Florida Statutes, are repealed.

26         Section 33.  Paragraph (b) of subsection (1) of section

27  499.015, Florida Statutes, is amended to read:

28         499.015  Registration of drugs, devices, and cosmetics;

29  issuance of certificates of free sale.--

30         (1)

31


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                                        CS/HB 501, First Engrossed



  1         (b)  The department may not register any product that

  2  does not comply with the Federal Food, Drug, and Cosmetic Act,

  3  as amended, or Title 21 C.F.R., or that is not an approved

  4  investigational drug as provided for in s. 499.018.

  5  Registration of a product by the department does not mean that

  6  the product does in fact comply with all provisions of the

  7  Federal Food, Drug, and Cosmetic Act, as amended.

  8         Section 34.  Section 548.045, Florida Statutes, is

  9  repealed.

10         Section 35.  Subsection (2) of section 548.046, Florida

11  Statutes, is amended to read:

12         548.046  Physician's attendance at match; examinations;

13  cancellation of match.--

14         (2)  In addition to any other required examination,

15  each participant shall be examined by the attending physician

16  at the time of weigh-in. If the physician determines that a

17  participant is physically or mentally unfit to proceed, the

18  physician shall notify any commissioner or the commission

19  representative who shall immediately cancel the match.  The

20  examination shall conform to rules adopted by the commission

21  based on the advice of the medical advisory council. The

22  result of the examination shall be reported in a writing

23  signed by the physician and filed with the commission prior to

24  completion of the weigh-in.

25         Section 36.  Section 580.151, Florida Statutes, is

26  repealed.

27         Section 37.  Section 13 of chapter 99-332, Laws of

28  Florida, is repealed.

29         Section 38.  Section 11 of chapter 99-354, Laws of

30  Florida, and subsection (11) of section 240.5186, Florida

31  Statutes, are repealed.


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                                        CS/HB 501, First Engrossed



  1         Section 39.  Section 6 of chapter 99-393, Laws of

  2  Florida, is repealed.

  3         Section 40.  Section 192 of chapter 99-397, Laws of

  4  Florida, is repealed.

  5         Section 41.  The Diversity Council and the State

  6  Customer Advisory Council created pursuant to authority of the

  7  Department of Labor and Employment Security under s. 20.171,

  8  Florida Statutes, are abolished.

  9         Section 42.  The State Agency Law Enforcement Radio

10  System Review Panel created pursuant to authority of the

11  Department of Management Services under s. 282.111, Florida

12  Statutes, is abolished.

13         Section 43.  The Driver's Under the Influence (DUI)

14  Advisory Council and the Florida Rider Training Program

15  Citizen Motorcycle Safety Council created pursuant to

16  authority of the Department of Highway Safety and Motor

17  Vehicles under s. 322.025, Florida Statutes, are abolished.

18         Section 44.  The following councils, created pursuant

19  to s. 570.0705, Florida Statutes, are abolished:

20         (1)  Bonifay State Farmers Market Advisory Council.

21         (2)  Florida City State Farmers Market Advisory

22  Committee.

23         (3)  Fort Myers State Farmers Market Advisory Council.

24         (4)  Fort Pierce State Farmers Market Advisory Council.

25         (5)  Gadsden County State Farmers Market Advisory

26  Council.

27         (6)  Immokalee State Farmers Market Advisory Council.

28         (7)  Nitrate Bill Best Management Practices Advisory

29  Group.

30         (8)  Palatka State Farmers Market Advisory Council.

31         (9)  Plant City State Farmers Market Advisory Council.


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                                        CS/HB 501, First Engrossed



  1         (10)  Pompano Beach Farmers Market Authority.

  2         (11)  Sanford State Farmers Market Advisory Council.

  3         (12)  Seed Potato Advisory Council.

  4         (13)  Starke State Farmers Market Advisory Council.

  5         (14)  Suwannee Valley State Farmers Market Advisory

  6  Council.

  7         (15)  Trenton State Farmers Market Advisory Council.

  8         (16)  Tropical Soda Apple Task Force.

  9         (17)  Wauchula State Farmers Market Advisory Council.

10         Section 45.  Except as otherwise provided herein, this

11  act shall take effect June 30, 2001.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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