HB 1627 2003
1	A bill to be entitled
2	An act relating to governmental reorganization; revising
3	various statutory provisions relating to the Cabinet and
4	to members of the Cabinet, which provisions were affected
5	by the amendment of Article IV, Section 4 of the State
6	Constitution; amending s. 13.05, F.S.; providing
7	membership of the Governor's Committee on Interstate
8	Cooperation; creating s. 14.2001, F.S.; providing that, in
9	a tie vote of the Governor and Cabinet, the side on which
10	the Governor voted will be considered the prevailing side
11	in the absence of contrary statutory intent; amending s.
12	14.202, F.S.; conforming provisions relating to meetings
13	of and voting by the Administration Commission; amending
14	s. 14.24, F.S.; providing for selection of members of the
15	Florida Commission on the Status of Women; amending s.
16	114.03, F.S.; conforming provisions relating to executive
17	officers not absenting themselves from the capital without
18	permission; amending ss. 121.0312, 121.055, F.S.;
19	conforming provisions relating to the State Board of
20	Administration; amending s. 121.4501, F.S.; deleting
21	provisions that create the Public Employee Optional
22	Retirement Program Advisory Committee; amending s. 215.44,
23	F.S.; conforming provisions relating to duties of the
24	State Board of Administration; amending s. 215.62, F.S.;
25	conforming provisions relating to the Division of Bond
26	Finance; amending s. 215.95, F.S.; conforming provisions
27	relating to composition of the Financial Management
28	Information Board; amending s. 215.96, F.S.; revising the
29	membership of the coordinating council of the State Board
30	of Administration; amending ss. 253.02, 253.034, F.S.;
31	conforming provisions relating to the Board of Trustees of
32	the Internal Improvement Trust Fund; reenacting s.
33	259.032, F.S., to incorporate the amendment of a statute
34	referred to therein; amending s. 259.041, F.S.; conforming
35	provisions relating to the Board of Trustees of the
36	Internal Improvement Trust Fund; reenacting s. 260.016,
37	F.S., to incorporate the amendment of a statute referred
38	to therein; amending ss. 940.01, 940.03, F.S.; conforming
39	provisions relating to executive clemency; amending s.
40	985.417, F.S.; conforming provisions relating to probation
41	for certain juvenile offenders; providing an effective
42	date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1. Subsection (1) of section 13.05, Florida
47	Statutes, is amended to read:
48	13.05 Governor's Committee on Interstate Cooperation.--
49	(1) There is herebyestablished a committee of
50	administrative officials of this state to be officially known as
51	the Governor's Committee on Interstate Cooperation, and to
52	consist of foursevenmembers. Its members shall be the
53	Governor, Secretary of State, Attorney General, Chief Financial
54	OfficerComptroller, Treasurer, Commissioner of Education, and
55	Commissioner of Agriculture. Any member of the Governor's
56	committee may designate an alternate to serve in the member's
57	place upon any occasion; such alternate shall be an
58	administrative official or employee of the state.
59	Section 2. Section 14.2001, Florida Statutes, is created
60	to read:
61	14.2001 Votes by Governor and Cabinet.--Unless otherwise
62	provided by law, in the event of a tie vote of the Governor and
63	Cabinet acting in any capacity, the side on which the Governor
64	voted shall be deemed to prevail. For purposes of any vote of
65	the Governor and Cabinet acting in any capacity, action taken
66	pursuant to that side of a tie vote on which the Governor voted
67	satisfies the requirement that action be taken by a "majority"
68	vote or a "simple majority" vote.
69	Section 3. Section 14.202, Florida Statutes, is amended to
70	read:
71	14.202 Administration Commission.--There is created as
72	part of the Executive Office of the Governor an Administration
73	Commission composed of the Governor and Cabinet. The Governor is
74	chair of the commission. The Governor or Chief Financial Officer
75	Comptrollermay call a meeting of the commission promptly each
76	time the need therefor arises. Unless otherwise provided herein,
77	affirmative action by the commission shall require the approval
78	of the Governor and at least twothreeother members of the
79	commission. The commission shall adopt rules pursuant to ss.
80	120.536(1) and 120.54 to implement provisions of law conferring
81	duties upon it.
82	Section 4. Subsection (1) of section 14.24, Florida
83	Statutes, is amended to read:
84	14.24 Florida Commission on the Status of Women.--
85	(1) There is established in the Office of the Attorney
86	General the Florida Commission on the Status of Women,
87	consisting of 22 members. The Speaker of the House of
88	Representatives, the President of the Senate, the Attorney
89	General, and the Governor shall each appoint fourthree members,
90	and the Chief Financial Officer andInsurance Commissioner, the
91	Comptroller, the Secretary of State,the Commissioner of
92	Agriculture, and the Commissioner of Educationshall each
93	appoint threetwo members, for a term of 4 years, except that of
94	the initial appointments, one-half shall be for a 2-year term
95	and one-half shall be for a 4-year term. The members appointed
96	shall include persons who represent rural and urban interests
97	and the ethnic and cultural diversity of the state's population.
98	No member shall serve more than 8 consecutive years on the
99	commission. A vacancy shall be filled for the remainder of the
100	unexpired term in the same manner as the original appointment.
101	Section 5. Section 114.03, Florida Statutes, is amended to
102	read:
103	114.03 Certain executive officers not to absent themselves
104	from the state.--The Secretary of State, Attorney General, Chief
105	Financial OfficerComptroller, Treasurer, Commissioner of
106	Education, and Commissioner of Agriculture shall reside at the
107	capital, and no member of the Cabinet shall absent himself or
108	herself from the state for a period of 60 consecutive days or
109	more without the consent of the Governor and a majority of the
110	Cabinet. If a Cabinet officer should refuse or fail to comply
111	with and observe the requirements of this section, his or her
112	office may be deemed vacant pursuant to paragraph (f) or
113	paragraph (g) of s. 114.01(1), as appropriate.
114	Section 6. Section 121.0312, Florida Statutes, is amended
115	to read:
116	121.0312 Review; actuarial valuation report; contribution
117	rate determination process.--The Governor, Chief Financial
118	OfficerComptroller, and Attorney GeneralTreasurer, sitting as
119	the Board of Trustees of the State Board of Administration,
120	shall review the actuarial valuation report prepared in
121	accordance with the provisions of this chapter. The board shall
122	review the process by which Florida Retirement System
123	contribution rates are determined and recommend and submit any
124	comments regarding the process to the Legislature.
125	Section 7. Paragraph (e) of subsection (1) of section
126	121.055, Florida Statutes, is amended to read:
127	121.055 Senior Management Service Class.--There is hereby
128	established a separate class of membership within the Florida
129	Retirement System to be known as the "Senior Management Service
130	Class," which shall become effective February 1, 1987.
131	(1)
132	(e) Effective January 1, 1991, participation in the Senior
133	Management Service Class shall be compulsory for the number of
134	senior managers who have policymaking authority with the State
135	Board of Administration, as determined by the Governor, Chief
136	Financial OfficerTreasurer, and Attorney GeneralComptroller
137	acting as the State Board of Administration, unless such member
138	elects to participate in the Senior Management Service Optional
139	Annuity Program as established in subsection (6) in lieu of
140	participation in the Senior Management Service Class. Such
141	election shall be made in writing and filed with the division
142	and the personnel officer of the State Board of Administration
143	within 90 days after becoming eligible for membership in the
144	Senior Management Service Class.
145	Section 8. Subsection (12) of section 121.4501, Florida
146	Statutes, is amended to read:
147	121.4501 Public Employee Optional Retirement Program.--
148	(12) ADVISORY COMMITTEES TO PROVIDE ADVICE AND
149	ASSISTANCE.--The Investment Advisory Council and the Public
150	Employee Optional Retirement Program Advisory Committeeshall
151	assist the board in implementing and administering the Public
152	Employee Optional Retirement Program.
153	(a)The Investment Advisory Council, created pursuant to
154	s. 215.444, shall review the board's initial recommendations
155	regarding the criteria to be used in selecting and evaluating
156	approved providers and investment products. The council may
157	provide comments on the recommendations to the board within 45
158	days after receiving the initial recommendations. The board
159	shall make the final determination as to whether any investment
160	provider or product, any contractor, or any and all contract
161	provisions shall be approved for the program.
162	(b)1. The Public Employee Optional Retirement Program
163	Advisory Committee shall be composed of seven members. The
164	President of the Senate shall appoint two members, the Speaker
165	of the House of Representatives shall appoint two members, the
166	Governor shall appoint one member, the Treasurer shall appoint
167	one member, and the Comptroller shall appoint one member. The
168	members of the advisory committee shall elect a member as chair.
169	The appointments shall be made by September 1, 2000, and the
170	committee shall meet to organize by October 1, 2000. The initial
171	appointments shall be for a term of 24 months. Each appointing
172	authority shall fill any vacancy occurring among its appointees
173	for the remainder of the original term.
174	2. The advisory committee shall make recommendations on
175	the selection of the third-party administrator, the education
176	providers, and the investment products and providers. The
177	committee's recommendations on the third-party administrator
178	must be forwarded to the Trustees of the State Board of
179	Administration by January 1, 2001. The recommendations on the
180	education providers must be forwarded to the trustees by April
181	1, 2001.
182	3. The advisory committee's recommendations and activities
183	shall be guided by the best interests of the employees,
184	considering the interests of employers, and the intent of the
185	Legislature in establishing the Public Employee Optional
186	Retirement Program.
187	4. The staff of the state board and the department shall
188	assist the advisory committee.
189	Section 9. Subsection (1) of section 215.44, Florida
190	Statutes, is amended to read:
191	215.44 Board of Administration; powers and duties in
192	relation to investment of trust funds.--
193	(1) Except when otherwise specifically provided by the
194	State Constitution and subject to any limitations of the trust
195	agreement relating to a trust fund, the Board of Administration,
196	hereinafter sometimes referred to as "board," composed of the
197	Governor as chair, the Chief Financial OfficerTreasurer, and
198	the Attorney GeneralComptroller, shall invest all the funds in
199	the System Trust Fund, as defined in s. 121.021(36), and all
200	other funds specifically required by law to be invested by the
201	board pursuant to ss. 215.44-215.53 to the fullest extent that
202	is consistent with the cash requirements, trust agreement, and
203	investment objectives of the fund. Notwithstanding any other law
204	to the contrary, the State Board of Administration may invest
205	any funds of any state agency or any unit of local government
206	pursuant to the terms of a trust agreement with the head of the
207	state agency or the governing body of the unit of local
208	government, which trust agreement shall govern the investment of
209	such funds, provided that the board shall approve the
210	undertaking of such investment before execution of the trust
211	agreement by the State Board of Administration. The funds and
212	the earnings therefrom are exempt from the service charge
213	imposed by s. 215.20. As used in this subsection, the term
214	"state agency" has the same meaning as that provided in s.
215	216.001, and the terms "governing body" and "unit of local
216	government" have the same meaning as that provided in s.
217	218.403.
218	Section 10. Subsection (1) of section 215.62, Florida
219	Statutes, is amended to read:
220	215.62 Division of Bond Finance.--
221	(1) There is herebycreated a division of the State Board
222	of Administration of the state to be known as the Division of
223	Bond Finance. The Governor shall be the chair of the governing
224	board of the division, the Attorney GeneralComptrollershall be
225	the secretary of the board, and the Chief Financial Officer
226	Treasurershall be the treasurer of the board for the purposes
227	of this act. The division shall be a public body corporate for
228	the purposes of this act.
229	Section 11. Subsection (1) of section 215.95, Florida
230	Statutes, is amended to read:
231	215.95 Financial Management Information Board.--
232	(1) There is created, as part of the Administration
233	Commission, the Financial Management Information Board. The
234	board shall be composed of the Governor, the Chief Financial
235	OfficerComptroller, and the Attorney GeneralTreasurer. The
236	Governor shall be chair of the board. The Governor or the Chief
237	Financial OfficerComptrollermay call a meeting of the board at
238	any time the need arises.
239	Section 12. Subsections (1) and (2) of section 215.96,
240	Florida Statutes, are amended to read:
241	215.96 Coordinating council and design and coordination
242	staff.--
243	(1) The Chief Financial OfficerComptroller, as chief
244	fiscal officer of the state, shall establish a coordinating
245	council to function on a continuing basis. The coordinating
246	council shall review and recommend to the board solutions and
247	policy alternatives to ensure coordination between functional
248	owners of the various information subsystems described in ss.
249	215.90-215.96 to the extent necessary to unify all the
250	subsystems into a financial management information system.
251	(2) The coordinating council shall consist of the Chief
252	Financial OfficerComptroller; the Treasurer;the secretary of
253	the Department of Management Services; the Attorney General;and
254	the Director of Planning and Budgeting, Executive Office of the
255	Governor, or their designees. The Chief Financial Officer
256	Comptroller, or his or her designee, shall be chair of the
257	coordinating council, and the design and coordination staff
258	shall provide administrative and clerical support to the council
259	and the board. The design and coordination staff shall maintain
260	the minutes of each meeting and shall make such minutes
261	available to any interested person. The Auditor General, the
262	State Courts Administrator, an executive officer of the Florida
263	Association of State Agency Administrative Services Directors,
264	and an executive officer of the Florida Association of State
265	Budget Officers, or their designees, shall serve without voting
266	rights as ex officio members on the coordinating council. The
267	chair may call meetings of the coordinating council as often as
268	necessary to transact business; however, the coordinating
269	council shall meet at least once a year. Action of the
270	coordinating council shall be by motion, duly made, seconded and
271	passed by a majority of the coordinating council voting in the
272	affirmative for approval of items that are to be recommended for
273	approval to the Financial Management Information Board.
274	Section 13. Subsections (1) and (2) of section 253.02,
275	Florida Statutes, are amended to read:
276	253.02 Board of trustees; powers and duties.--
277	(1) For the purpose of assuring the proper application of
278	the Internal Improvement Trust Fund and the Land Acquisition
279	Trust Fund for the purposes of this chapter, the land provided
280	for in ss. 253.01 and 253.03, and all the funds arising from the
281	sale thereof, after paying the necessary expense of selection,
282	management, and sale, are irrevocably vested in a board of four
283	seven trustees, to wit: The Governor, the Secretary of State,
284	the Attorney General, the Chief Financial OfficerComptroller,
285	the State Treasurer, the Commissioner of Education, and the
286	Commissioner of Agriculture and their successors in office, to
287	hold the same in trust for the uses and purposes provided in
288	this chapter, with the power to sell and transfer said lands to
289	the purchasers and receive payment for the same, and invest the
290	surplus moneys arising therefrom, from time to time, in stocks
291	of the United States, stocks of the several states, or the
292	internal improvement bonds issued under the provisions of law;
293	also, the surplus interest accruing from such investments. Said
294	board of trustees have all the rights, powers, property, claims,
295	remedies, actions, suits, and things whatsoever belonging to
296	them, or appertaining before and at the time of the enactment
297	hereof, and they shall remain subject to and pay, fulfill,
298	perform, and discharge all debts, duties, and obligations of
299	their trust, existing at the time of the enactment hereof or
300	provided in this chapter.
301	(2) The board of trustees shall not sell, transfer, or
302	otherwise dispose of any lands the title to which is vested in
303	the board of trustees except by vote of at least threefiveof
304	the fourseventrustees.
305	Section 14. Subsection (6) of section 253.034, Florida
306	Statutes, is amended to read:
307	253.034 State-owned lands; uses.--
308	(6) The Board of Trustees of the Internal Improvement
309	Trust Fund shall determine which lands, the title to which is
310	vested in the board, may be surplused. For conservation lands,
311	the board shall make a determination that the lands are no
312	longer needed for conservation purposes and may dispose of them
313	by an affirmative vote of at least three membersa two-thirds
314	vote. In the case of a land exchange involving the disposition
315	of conservation lands, the board must determine by an
316	affirmative vote of at least three membersat least a two-thirds
317	votethat the exchange will result in a net positive
318	conservation benefit. For all other lands, the board shall make
319	a determination that the lands are no longer needed and may
320	dispose of them by an affirmative vote of at least three members
321	majority vote.
322	(a) For the purposes of this subsection, all lands
323	acquired by the state prior to July 1, 1999, using proceeds from
324	the Preservation 2000 bonds, the Conservation and Recreation
325	Lands Trust Fund, the Water Management Lands Trust Fund,
326	Environmentally Endangered Lands Program, and the Save Our Coast
327	Program and titled to the board, which lands are identified as
328	core parcels or within original project boundaries, shall be
329	deemed to have been acquired for conservation purposes.
330	(b) For any lands purchased by the state on or after July
331	1, 1999, a determination shall be made by the board prior to
332	acquisition as to those parcels that shall be designated as
333	having been acquired for conservation purposes. No lands
334	acquired for use by the Department of Corrections, the
335	Department of Management Services for use as state offices, the
336	Department of Transportation, except those specifically managed
337	for conservation or recreation purposes, or the State University
338	System or the Florida Community College System shall be
339	designated as having been purchased for conservation purposes.
340	(c) At least every 5 years, as a component of each land
341	management plan or land use plan and in a form and manner
342	prescribed by rule by the board, each management entity shall
343	evaluate and indicate to the board those lands that the entity
344	manages which are not being used for the purpose for which they
345	were originally leased. Such lands shall be reviewed by the
346	council for its recommendation as to whether such lands should
347	be disposed of by the board.
348	(d) Lands owned by the board which are not actively
349	managed by any state agency or for which a land management plan
350	has not been completed pursuant to subsection (5) shall be
351	reviewed by the council or its successor for its recommendation
352	as to whether such lands should be disposed of by the board.
353	(e) Prior to any decision by the board to surplus lands,
354	the Acquisition and Restoration Council shall review and make
355	recommendations to the board concerning the request for
356	surplusing. The council shall determine whether the request for
357	surplusing is compatible with the resource values of and
358	management objectives for such lands.
359	(f) In reviewing lands owned by the board, the council
360	shall consider whether such lands would be more appropriately
361	owned or managed by the county or other unit of local government
362	in which the land is located. The council shall recommend to the
363	board whether a sale, lease, or other conveyance to a local
364	government would be in the best interests of the state and local
365	government. The provisions of this paragraph in no way limit the
366	provisions of ss. 253.111 and 253.115. Such lands shall be
367	offered to the state, county, or local government for a period
368	of 30 days. Permittable uses for such surplus lands may include
369	public schools; public libraries; fire or law enforcement
370	substations; and governmental, judicial, or recreational
371	centers. County or local government requests for surplus lands
372	shall be expedited throughout the surplusing process. If the
373	county or local government does not elect to purchase such lands
374	in accordance with s. 253.111, then any surplusing determination
375	involving other governmental agencies shall be made upon the
376	board deciding the best public use of the lands. Surplus
377	properties in which governmental agencies have expressed no
378	interest shall then be available for sale on the private market.
379	(g) Lands determined to be surplus pursuant to this
380	subsection shall be sold for appraised value or the price paid
381	by the state or a water management district to originally
382	acquire the lands, whichever is greater, except when the board
383	or its designee determines a different sale price is in the
384	public interest. However, for those lands sold as surplus to
385	any unit of government, the price shall not exceed the price
386	paid by the state or a water management district to originally
387	acquire the lands. A unit of government which acquires title to
388	lands hereunder for less than appraised value may not sell or
389	transfer title to all or any portion of the lands to any private
390	owner for a period of 10 years. Any unit of government seeking
391	to transfer or sell lands pursuant to this paragraph shall first
392	allow the board of trustees to reacquire such lands for the
393	price at which they sold such lands.
394	(h) Where a unit of government acquired land by gift,
395	donation, grant, quit-claim deed, or other such conveyance where
396	no monetary consideration was exchanged, the price of land sold
397	as surplus may be based on one appraisal. In the event that a
398	single appraisal yields a value equal to or greater than $1
399	million, a second appraisal is required. The individual or
400	entity requesting the surplus shall select and use appraisers
401	from the list of approved appraisers maintained by the Division
402	of State Lands in accordance with s. 253.025(6)(b). The
403	individual or entity requesting the surplus is to incur all
404	costs of the appraisals.
405	(i) After reviewing the recommendations of the council,
406	the board shall determine whether lands identified for surplus
407	are to be held for other public purposes or whether such lands
408	are no longer needed. The board may require an agency to
409	release its interest in such lands. For an agency that has
410	requested the use of a property that was to be declared as
411	surplus, said agency must have the property under lease within 6
412	months of the date of expiration of the notice provisions
413	required under ss. 253.034(6) and 253.111.
414	(j) Requests for surplusing may be made by any public or
415	private entity or person. All requests shall be submitted to
416	the lead managing agency for review and recommendation to the
417	council or its successor. Lead managing agencies shall have 90
418	days to review such requests and make recommendations. Any
419	surplusing requests that have not been acted upon within the 90-
420	day time period shall be immediately scheduled for hearing at
421	the next regularly scheduled meeting of the council or its
422	successor. Requests for surplusing pursuant to this paragraph
423	shall not be required to be offered to local or state
424	governments as provided in paragraph (f).
425	(k) Proceeds from any sale of surplus lands pursuant to
426	this subsection shall be deposited into the fund from which such
427	lands were acquired. However, if the fund from which the lands
428	were originally acquired no longer exists, such proceeds shall
429	be deposited into an appropriate account to be used for land
430	management by the lead managing agency assigned the lands prior
431	to the lands being declared surplus. Funds received from the
432	sale of surplus nonconservation lands, or lands that were
433	acquired by gift, by donation, or for no consideration, shall be
434	deposited into the Internal Improvement Trust Fund.
435	(l) Notwithstanding the provisions of this subsection, no
436	such disposition of land shall be made if such disposition would
437	have the effect of causing all or any portion of the interest on
438	any revenue bonds issued to lose the exclusion from gross income
439	for federal income tax purposes.
440	(m) The sale of filled, formerly submerged land that does
441	not exceed 5 acres in area is not subject to review by the
442	council or its successor.
443	Section 15. For the purpose of incorporating the amendment
444	made by this act to section 259.041, Florida Statutes, in
445	references thereto, subsection (8) of section 259.032, Florida
446	Statutes, is reenacted to read:
447	259.032 Conservation and Recreation Lands Trust Fund;
448	purpose.--
449	(8) Lands to be considered for purchase under this section
450	are subject to the selection procedures of s. 259.035 and
451	related rules and shall be acquired in accordance with
452	acquisition procedures for state lands provided for in s.
453	259.041, except as otherwise provided by the Legislature. An
454	inholding or an addition to a project selected for purchase
455	pursuant to this chapter is not subject to the selection
456	procedures of s. 259.035 if the estimated value of such
457	inholding or addition does not exceed $500,000. When at least 90
458	percent of the acreage of a project has been purchased pursuant
459	to this chapter, the project may be removed from the list and
460	the remaining acreage may continue to be purchased. Moneys from
461	the fund may be used for title work, appraisal fees,
462	environmental audits, and survey costs related to acquisition
463	expenses for lands to be acquired, donated, or exchanged which
464	qualify under the categories of this section, at the discretion
465	of the board. When the Legislature has authorized the Department
466	of Environmental Protection to condemn a specific parcel of land
467	and such parcel has already been approved for acquisition under
468	this section, the land may be acquired in accordance with the
469	provisions of chapter 73 or chapter 74, and the fund may be used
470	to pay the condemnation award and all costs, including a
471	reasonable attorney's fee, associated with condemnation.
472	Section 16. Subsection (15) of section 259.041, Florida
473	Statutes, is amended to read:
474	259.041 Acquisition of state-owned lands for preservation,
475	conservation, and recreation purposes.--
476	(15) The board of trustees, by an affirmative vote of at
477	least three of itsfivemembers, may direct the department to
478	purchase lands on an immediate basis using up to 15 percent of
479	the funds allocated to the department pursuant to ss.
480	259.101(3)(a) and 259.105 for the acquisition of lands that:
481	(a) Are listed or placed at auction by the Federal
482	Government as part of the Resolution Trust Corporation sale of
483	lands from failed savings and loan associations;
484	(b) Are listed or placed at auction by the Federal
485	Government as part of the Federal Deposit Insurance Corporation
486	sale of lands from failed banks; or
487	(c) Will be developed or otherwise lost to potential
488	public ownership, or for which federal matching funds will be
489	lost, by the time the land can be purchased under the program
490	within which the land is listed for acquisition.
491
492	For such acquisitions, the board of trustees may waive or modify
493	all procedures required for land acquisition pursuant to this
494	chapter and all competitive bid procedures required pursuant to
495	chapters 255 and 287. Lands acquired pursuant to this subsection
496	must, at the time of purchase, be on one of the acquisition
497	lists established pursuant to this chapter, or be essential for
498	water resource development, protection, or restoration, or a
499	significant portion of the lands must contain natural
500	communities or plant or animal species which are listed by the
501	Florida Natural Areas Inventory as critically imperiled,
502	imperiled, or rare, or as excellent quality occurrences of
503	natural communities.
504	Section 17. For the purpose of incorporating the amendment
505	made by this act to section 259.041, Florida Statutes, in
506	references thereto, paragraph (b) of subsection(3) of section
507	260.016, Florida Statutes, is reenacted to read:
508	260.016 General powers of the department.--
509	(3) The department or its designee is authorized to
510	negotiate with potentially affected private landowners as to the
511	terms under which such landowners would consent to the public
512	use of their lands as part of the greenways and trails system.
513	The department shall be authorized to agree to incentives for a
514	private landowner who consents to this public use of his or her
515	lands for conservation or recreational purposes, including, but
516	not limited to, the following:
517	(b) Agreement to exchange, subject to the approval of the
518	Board of Trustees of the Internal Improvement Trust Fund or
519	other applicable unit of government, ownership or other rights
520	of use of public lands for the ownership or other rights of use
521	of privately owned lands. Any exchange of state-owned lands,
522	title to which is vested in the Board of Trustees of the
523	Internal Improvement Trust Fund, for privately owned lands shall
524	be subject to the requirements of s. 259.041.
525	Section 18. Subsection (1) of section 940.01, Florida
526	Statutes, is amended to read:
527	940.01 Clemency; suspension or remission of fines and
528	forfeitures, reprieves, pardons, restoration of civil rights,
529	and commutations.--
530	(1) Except in cases of treason and in cases when
531	impeachment results in conviction, the Governor may, by
532	executive order filed with the Secretary of State, suspend
533	collection of fines and forfeitures, grant reprieves not
534	exceeding 60 days, and, with the approval of twothreemembers
535	of the Cabinet, grant full or conditional pardons, restore civil
536	rights, commute punishment, and remit fines and forfeitures for
537	offenses.
538	Section 19. Section 940.03, Florida Statutes, is amended
539	to read:
540	940.03 Application for executive clemency.--When any
541	person intends to apply for remission of any fine or forfeiture
542	or the commutation of any punishment, or for pardon or
543	restoration of civil rights, he or she shall request an
544	application form from the Parole Commission in compliance with
545	such rules regarding application for executive clemency as are
546	adopted by the Governor with the approval of twothreemembers
547	of the Cabinet. Such application may require the submission of a
548	certified copy of the applicant's indictment or information, the
549	judgment adjudicating the applicant to be guilty, and the
550	sentence, if sentence has been imposed, and may also require the
551	applicant to send a copy of the application to the judge and
552	prosecuting attorney of the court in which the applicant was
553	convicted, notifying them of the applicant's intent to apply for
554	executive clemency. An application for executive clemency for a
555	person who is sentenced to death must be filed within 1 year
556	after the date the Supreme Court issues a mandate on a direct
557	appeal or the United States Supreme Court denies a petition for
558	certiorari, whichever is later.
559	Section 20. Subsection (5) of section 985.417, Florida
560	Statutes, is amended to read:
561	985.417 Transfer of children from the Department of
562	Corrections to the Department of Juvenile Justice.--
563	(5) Any child who has been convicted of a capital felony
564	while under the age of 18 years may not be released on probation
565	without the consent of the Governor and twothreemembers of the
566	Cabinet.
567	Section 21. This act shall take effect upon becoming a
568	law.