Senate Bill sb1342

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    Florida Senate - 2002        (NP)                      SB 1342

    By Senator Lee





    rb09sa-02

  1                 A reviser's bill to be entitled

  2         An act relating to the Florida Statutes;

  3         amending ss. 83.682, 229.0073, 420.507,

  4         501.976, and 570.71, F.S., to conform to the

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

  6         to remove gender-specific references applicable

  7         to human beings from the Florida Statutes

  8         without substantive change in legal effect.

  9

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

11

12         Section 1.  Paragraph (b) of subsection (1) of section

13  83.682, Florida Statutes, is amended to read:

14         83.682  Termination of rental agreement by a member of

15  the United States Armed Forces.--

16         (1)

17         (b)  In the event a member of the United States Armed

18  Forces dies during active duty, an adult member of his or her

19  immediate family may terminate the member's his rental

20  agreement by providing the landlord with a written notice of

21  termination to be effective on the date stated in the notice

22  that is at least 30 days after the landlord's receipt of the

23  notice.  The notice to the landlord must be accompanied by

24  either a copy of the official military orders or a written

25  verification signed by the member's Commanding Officer.

26         Section 2.  Section 229.0073, Florida Statutes, is

27  amended to read:

28         229.0073  Reorganization of the Department of

29  Education.--Effective July 1, 2001, notwithstanding the

30  provisions of s. 20.15, the secretary's Education

31  Reorganization Workgroup is established to direct and provide

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    Florida Senate - 2002        (NP)                      SB 1342
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  1  oversight for the reorganization of Florida's K-20 Department

  2  of Education. The workgroup shall be comprised of the

  3  Secretary of the Florida Board of Education, the Commissioner

  4  of Education, the Governor or his or her designee, the

  5  Chancellor of Colleges and Universities, the Chancellor of

  6  Community Colleges, the Chancellor of Public Schools, and the

  7  Executive Director of Independent Education, who shall consult

  8  with the legislative members of the Education Governance

  9  Reorganization Transition Task Force. The reorganization

10  shall:

11         (1)  Eliminate duplication across divisions; achieve

12  greater efficiencies in financial and human resources and

13  education services; and identify functions, resources, and

14  services that should be eliminated, transferred, or realigned.

15         (2)  Include a review and assessment of all bureaus,

16  offices, divisions, and functions of the department

17  reorganized pursuant to this section.

18         (3)  Establish an Office of the Commissioner of

19  Education that includes the general areas of operation that

20  are common to all delivery sectors, such as administration,

21  communication, legal services, financial aid, and government

22  and public relations, in order to increase efficiency, improve

23  service delivery to students, and fully support the

24  operational needs of the Florida Board of Education.

25         (4)  Establish the following divisions within the

26  department:

27         (a)  Division of Public Schools (K-12).--The state's

28  public elementary, middle, junior high, and high schools, as

29  well as combination schools, charter schools, district magnet

30  programs, and area technical centers.

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    Florida Senate - 2002        (NP)                      SB 1342
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  1         (b)  Division of Community Colleges.--The state's 28

  2  public community colleges.

  3         (c)  Division of Colleges and Universities.--The

  4  state's public universities and colleges and the 4-year

  5  independent colleges and universities whose students are

  6  eligible to receive the William L. Boyd, IV, Florida resident

  7  access grants pursuant to s. 240.605, to enable more effective

  8  articulation between these public and private institutions.

  9  The division chancellor shall administer those provisions of

10  chapter 246 that apply to the independent colleges and

11  universities within the division and shall establish a liaison

12  responsible for partnerships that enhance articulation between

13  and communication with Florida's 4-year independent colleges

14  and universities.

15         (d)  Division of Independent Education.--The

16  independent education providers within the state, including

17  home education programs that meet the requirements of s.

18  232.0201, private K-12 institutions as described in s.

19  229.808, independent colleges and universities, except those

20  identified under paragraph (c), and private postsecondary

21  career preparation and vocational training institutions.

22         1.  The division shall be under an executive director

23  and shall house a new commission, appointed by the Governor,

24  to oversee licensing of independent postsecondary

25  institutions, consumer protection, and program improvement.

26  The commission shall have the powers and duties of the State

27  Board of Independent Colleges and Universities specified in

28  chapter 246, except the powers and duties relating to those

29  institutions identified under paragraph (c), and of the State

30  Board of Nonpublic Career Education.

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  1         2.  The division shall serve as the advocate for and

  2  liaison to the independent education providers identified in

  3  this paragraph.

  4         3.  The executive director of the division shall

  5  establish a mechanism for regular interaction and input from

  6  independent education providers in the development of policies

  7  that provide seamless articulation for all students.

  8         4.  The division shall afford students and parents

  9  educational options apart from the public K-20 system.

10         (5)  Establish the following offices within the Office

11  of the Commissioner of Education which shall coordinate their

12  activities with all other divisions and offices:

13         (a)  Office of Technology and Information Services.--In

14  conjunction with the Chancellor of Public Schools, the

15  Chancellor of Community Colleges, and the Chancellor of

16  Colleges and Universities, the office shall be responsible for

17  developing a systemwide technology plan, making budget

18  recommendations to the commissioner, providing data collection

19  and management for the system, and coordinating services with

20  other state, local, and private agencies. The office shall

21  develop a method to address the need for a statewide approach

22  to planning and operations of library and information services

23  to achieve a single K-20 education system library information

24  portal and a unified higher education library management

25  system. The Florida Virtual High School shall be

26  administratively housed within the office.

27         (b)  Office of Workforce and Economic Development.--The

28  office shall evaluate the role of each sector of education in

29  Florida's workforce and economic development, assess the

30  specific work skills and variety of careers provided, and

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  1  report to the Florida Board of Education the effectiveness of

  2  each sector.

  3         (c)  Office of Educational Facilities and SMART Schools

  4  Clearinghouse.--The office shall validate all educational

  5  plant surveys and verify Florida Inventory of School Houses

  6  (FISH) data.  The office shall provide technical assistance to

  7  public school districts when requested.  The office, staff,

  8  property, and functions of the SMART Schools Clearinghouse are

  9  transferred by a type two transfer, pursuant to s. 20.06(2),

10  from the Department of Management Services to the Office of

11  Educational Facilities and SMART Schools Clearinghouse within

12  the Office of the Commissioner of Education.

13         (d)  Office of Student Financial Assistance.--The

14  office shall provide access to and administer state and

15  federal grants, scholarships, and loans to those students

16  seeking financial assistance for postsecondary study pursuant

17  to program criteria and eligibility requirements.

18         (6)  Establish a K-20 education leadership team,

19  including, but not limited to, the Secretary of the Florida

20  Board of Education and the education governance officers. The

21  leadership team shall be responsible for systemwide horizontal

22  and vertical communication, and assisting the achievement of

23  the seamless K-20 education system.

24         Section 3.  Subsection (39) of section 420.507, Florida

25  Statutes, is amended to read:

26         420.507  Powers of the corporation.--The corporation

27  shall have all the powers necessary or convenient to carry out

28  and effectuate the purposes and provisions of this part,

29  including the following powers which are in addition to all

30  other powers granted by other provisions of this part:

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  1         (39)  To create recognition programs to honor

  2  individuals, community-based development organizations, units

  3  of local government, or others who have demonstrated the

  4  ideals of community stewardship and increased access to

  5  housing for low-income households, including their stewardship

  6  in economically distressed areas. Such programs may

  7  incorporate certificates of recognition by the Governor and

  8  may include presentation by the Governor or his or her

  9  representative.

10         Section 4.  Subsections (5) and (6) of section 501.976,

11  Florida Statutes, are amended to read:

12         501.976  Actionable, unfair, or deceptive acts or

13  practices.--It is an unfair or deceptive act or practice,

14  actionable under the Florida Deceptive and Unfair Trade

15  Practices Act, for a dealer to:

16         (5)  Represent orally or in writing that a particular

17  vehicle has not sustained structural or substantial skin

18  damage unless the statement is made in good faith and the

19  vehicle has been inspected by the dealer or his or her agent

20  to determine whether the vehicle has incurred such damage.

21         (6)  Sell a vehicle without fully and conspicuously

22  disclosing in writing at or before the consummation of sale

23  any warranty or guarantee terms, obligations, or conditions

24  that the dealer or manufacturer has given to the buyer. If the

25  warranty obligations are to be shared by the dealer and the

26  buyer, the method of determining the percentage of repair

27  costs to be assumed by each party must be disclosed. If the

28  dealer intends to disclaim or limit any expressed or implied

29  warranty, the disclaimer must be in writing in a conspicuous

30  manner and in lay layman's terms in accordance with chapter

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    Florida Senate - 2002        (NP)                      SB 1342
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  1  672 and the Magnuson-Moss Warranty--Federal Trade Commission

  2  Improvement Act.

  3

  4  In any civil litigation resulting from a violation of this

  5  section, when evaluating the reasonableness of an award of

  6  attorney's fees to a private person, the trial court shall

  7  consider the amount of actual damages in relation to the time

  8  spent.

  9         Section 5.  Subsection (11) of section 570.71, Florida

10  Statutes, is amended to read:

11         570.71  Conservation easements and agreements.--

12         (11)  If a landowner objects to having his or her

13  property included in any lists or maps developed to implement

14  this act, the department shall remove the property from any

15  such lists or maps upon receipt of the landowner's written

16  request to do so.

17

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

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

20         93-199, Laws of Florida, to remove

21         gender-specific references applicable to human

22         beings from the Florida Statutes without

23         substantive change in legal effect.

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