House Bill hb0671er

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    2001 Legislature                                        HB 671



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  2         An act relating to the Florida Statutes;

  3         amending ss. 11.90, 228.082, 445.004, 570.61,

  4         and 893.138, F.S., to conform to the directive

  5         in s. 1, ch. 93-199, Laws of Florida, to remove

  6         gender-specific references applicable to human

  7         beings from the Florida Statutes without

  8         substantive change in legal effect.

  9

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

11

12         Section 1.  Subsections (1) and (3) of section 11.90,

13  Florida Statutes, are amended to read:

14         11.90  Legislative Budgeting Commission.--

15         (1)  There is created a standing joint committee of the

16  Legislature designated the Legislative Budgeting Commission,

17  composed of 14 members as follows:  seven members of the

18  Senate appointed by the President of the Senate, to include

19  the Chair Chairman of the Senate Budget Committee or its

20  successor, and seven members of the House of Representatives

21  appointed by the Speaker of the House of Representatives, to

22  include the Chair Chairman of the Fiscal Responsibility

23  Council or its successor. The terms of members shall be for 2

24  years and shall run from the organization of one Legislature

25  to the organization of the next Legislature. Vacancies

26  occurring during the interim period shall be filled in the

27  same manner as the original appointment.  The members of the

28  committee shall elect a chair and vice chair. During the

29  2-year term, a member of each house shall serve as chair for 1

30  year.

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  1         (3)  The commission shall meet at least quarterly and

  2  more frequently at the direction of the presiding officers or

  3  upon call of the chair chairman. A quorum shall consist of a

  4  majority of members from each house, plus one additional

  5  member from either house. Action by the commission requires a

  6  majority vote of the members present of each house.

  7         Section 2.  Subsection (2) of section 228.082, Florida

  8  Statutes, is amended to read:

  9         228.082  The Florida On-Line High School.--

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

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

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

13  the current chair of the Florida High School Advisory Board

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

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

16  or her designee from the State Technology Office pursuant to

17  ch. 2000-164, Laws of Florida. The board shall be a public

18  agency entitled to sovereign immunity pursuant to s. 768.28,

19  and board members shall be public officers who shall bear

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

21  The board of trustees shall have the following powers and

22  duties:

23         (a)  The board of trustees shall meet within 30 days of

24  July 1, 2000, and shall continue to meet at least 4 times each

25  year, upon the call of the chair, or at the request of a

26  majority of the membership.

27         (b)  Until not more than 60 days after the initial

28  meeting of the board, the current governance structure of the

29  Florida On-Line High School shall be maintained.

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

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

  3  216.011(1)(n).

  4         (d)  The board of trustees shall enter into agreements

  5  with distance learning providers and may acquire, enjoy, use,

  6  and dispose of patents, copyrights, and trademarks and any

  7  licenses and other rights or interests thereunder or therein.

  8  Ownership of all such patents, copyrights, trademarks,

  9  licenses, and rights or interests thereunder or therein shall

10  vest in the state, with the board having full right of use and

11  full right to retain the revenues derived therefrom. Any funds

12  realized from patents, copyrights, trademarks, or licenses

13  shall be used to support the school's research and development

14  activities in order to improve courseware and services to its

15  students.

16         (e)  The board of trustees shall annually prepare and

17  submit a legislative budget request, including funding

18  requests for computers for public school students who do not

19  have access to public school computers, in accordance with

20  chapter 216 and s. 235.41. The legislative budget request of

21  the Florida On-Line High School shall be prepared using the

22  same format, procedures, and timelines required for the

23  submission of the legislative budget of the Department of

24  Education.

25         (f)  The board of trustees shall administer and

26  maintain personnel programs for all employees of the board of

27  trustees and the Florida On-Line High School. The board of

28  trustees may adopt rules, policies, and procedures related to

29  the appointment, employment, and removal of personnel.

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  1         1.  The board of trustees shall determine the

  2  compensation, including salaries and fringe benefits, and

  3  other conditions of employment for such personnel.

  4         2.  The board of trustees may establish and maintain a

  5  personnel loan or exchange program by which persons employed

  6  by the board for the Florida On-Line High School as academic

  7  administrative and instructional staff may be loaned to, or

  8  exchanged with persons employed in like capacities by, public

  9  agencies either within or without this state, or by private

10  industry. With respect to public agency employees, the program

11  authorized by this subparagraph shall be consistent with the

12  requirements of part II of chapter 112. The salary and

13  benefits of board personnel participating in the loan or

14  exchange program shall be continued during the period of time

15  they participate in a loan or exchange program, and such

16  personnel shall be deemed to have no break in creditable or

17  continuous service or employment during such time. The salary

18  and benefits of persons participating in the personnel loan or

19  exchange program who are employed by public agencies or

20  private industry shall be paid by the originating employers of

21  those participants, and such personnel shall be deemed to have

22  no break in creditable or continuous service or employment

23  during such time.

24         3.  The employment of all Florida On-Line High School

25  academic administrative and instructional personnel shall be

26  subject to rejection for cause by the board of trustees, and

27  shall be subject to policies of the board of trustees relative

28  to certification, tenure, leaves of absence, sabbaticals,

29  remuneration, and such other conditions of employment as the

30  board deems necessary and proper, not inconsistent with law.

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  1         4.  Each person employed by the board of trustees in an

  2  academic administrative or instructional capacity with the

  3  Florida On-Line High School shall be entitled to a contract as

  4  provided by rules of the board.

  5         5.  All employees except temporary, seasonal, and

  6  student employees may be state employees for the purpose of

  7  being eligible to participate in the Florida Retirement System

  8  and receive benefits. The classification and pay plan,

  9  including terminal leave and other benefits, and any

10  amendments thereto, shall be subject to review and approval by

11  the Department of Management Services and the Executive Office

12  of the Governor prior to adoption. In the event that the board

13  of trustees assumes responsibility for governance pursuant to

14  this section before approval is obtained, employees shall be

15  compensated pursuant to the system in effect for the employees

16  of the fiscal agent.

17         (g)  The board of trustees shall establish priorities

18  for admission of students.

19         (h)  The board of trustees shall establish and

20  distribute to all school districts and high schools in the

21  state procedures for enrollment of students into courses

22  offered by the Florida On-Line High School. Such procedures

23  shall be designed to minimize paperwork and maximize

24  participation by students.

25         (i)  The board of trustees shall annually submit to the

26  Department of Education both forecasted and actual enrollments

27  for the Florida On-Line High School, according to procedures

28  established by the Department of Education. At a minimum, such

29  procedures must include the number of public, private, and

30  home school students served by district.

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  1         (j)  The board of trustees shall provide for the

  2  content and custody of student and employee personnel records.

  3  Student records shall be subject to the provisions of s.

  4  228.093. Employee records shall be subject to the provisions

  5  of s. 231.291.

  6         (k)  The financial records and accounts of the Florida

  7  On-Line High School shall be maintained under the direction of

  8  the board of trustees and under regulations prescribed by the

  9  State Board of Education for the uniform system of financial

10  records and accounts for the schools of the state.

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

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

14  trustees shall serve without compensation, but may be

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

16  112.061. The board of trustees shall be a body corporate with

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

18  needed for the proper operation and improvement of the Florida

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

20  authorized to adopt rules, policies, and procedures,

21  consistent with law related to governance, personnel, budget

22  and finance, administration, programs, curriculum and

23  instruction, travel and purchasing, technology, students,

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

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

26  Tangible personal property owned by the board of trustees

27  shall be subject to the provisions of chapter 273.

28         Section 3.  Paragraph (c) of subsection (3) of section

29  445.004, Florida Statutes, is amended to read:

30         445.004  Workforce Florida, Inc.; creation; purpose;

31  membership; duties and powers.--


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  1         (3)

  2         (c)  Members appointed by the Governor must be

  3  appointed for 2-year terms. Private sector representatives of

  4  businesses, appointed by the Governor pursuant to Pub. L. No.

  5  105-220, shall constitute a majority of the membership of the

  6  board. Private sector representatives shall be appointed from

  7  nominations received by the Governor from any member of the

  8  Legislature. A member of the Legislature may submit more than

  9  one board nomination to the Governor through his or her

10  respective presiding officer. Private sector appointments to

11  the board shall be representative of the business community of

12  this state, and no less than one-half of the appointments to

13  the board must be representative of small businesses. Members

14  appointed by the Governor serve at the pleasure of the

15  Governor and are eligible for reappointment.

16         Section 4.  Section 570.61, Florida Statutes, is

17  amended to read:

18         570.61  Division of Aquaculture; powers and

19  duties.--The powers and duties of the Division of Aquaculture

20  shall include, but are not limited to, administering the

21  aquaculture certification program; enforcing shellfish

22  sanitation standards; administering the aquaculture and

23  shellfish lease programs; ensuring that shellfish processing

24  facilities comply with applicable food safety requirements;

25  mitigating, creating, and enhancing natural shellfish

26  harvesting areas; providing education to fishers fishermen and

27  aquaculturists; promoting aquaculture development; purchasing

28  commodities as necessary to carry out the provisions of this

29  section; receiving and accepting grants, aids, gifts, and

30  donations; providing grants, aids, and other technical

31  assistance; and ensuring the safety of Florida waters.


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  1         Section 5.  Subsection (10) of section 893.138, Florida

  2  Statutes, is amended to read:

  3         893.138  Local administrative action to abate

  4  drug-related, prostitution-related, or stolen-property-related

  5  public nuisances and criminal street gang activity.--

  6         (10)  The provisions of this section may be

  7  supplemented by a county or municipal ordinance.  The

  8  ordinance may include, but is not limited to, provisions that

  9  establish additional penalties for public nuisances, including

10  fines not to exceed $250 per day; provide for the payment of

11  reasonable costs, including reasonable attorney fees

12  associated with investigations of and hearings on public

13  nuisances; provide for continuing jurisdiction for a period of

14  1 year over any place or premises that has been or is declared

15  to be a public nuisance; establish penalties, including fines

16  not to exceed $500 per day for recurring public nuisances;

17  provide for the recording of orders on public nuisances so

18  that notice must be given to subsequent purchasers, successors

19  in interest, or assigns of the real property that is the

20  subject of the order; provide that recorded orders on public

21  nuisances may become liens against the real property that is

22  the subject of the order; and provide for the foreclosure of

23  property subject to a lien and the recovery of all costs,

24  including reasonable attorney fees, associated with the

25  recording of orders and foreclosure. No lien created pursuant

26  to the provisions of this section may be foreclosed on real

27  property which is a homestead under s. 4, Art. X of the State

28  Constitution. Where a local government seeks to bring an

29  administrative action, based on a stolen property nuisance,

30  against a property owner operating an establishment where

31  multiple tenants, on one site, conduct their own retail


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  1  business, the property owner shall not be subject to a lien

  2  against his or her property or the prohibition of operation

  3  provision if the property owner evicts the business declared

  4  to be a nuisance within 90 days after notification by

  5  registered mail to the property owner of a second stolen

  6  property conviction of the tenant. The total fines imposed

  7  pursuant to the authority of this section shall not exceed

  8  $15,000. Nothing contained within this section prohibits a

  9  county or municipality from proceeding against a public

10  nuisance by any other means.

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12         Reviser's note.--Amended pursuant to the

13         directive of the Legislature in s. 1, ch.

14         93-199, Laws of Florida, to remove

15         gender-specific references applicable to human

16         beings from the Florida Statutes without

17         substantive change in legal effect.

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