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| 1 | CHAMBER ACTION | ||
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| 6 | The Committee on Commerce recommends the following: | ||
| 7 | |||
| 8 | Committee Substitute | ||
| 9 | Remove the entire bill and insert: | ||
| 10 | A bill to be entitled | ||
| 11 | An act relating to governmental reorganization; creating | ||
| 12 | s. 20.101, F.S.; creating the Department of State and | ||
| 13 | Community Affairs; providing the mission of the | ||
| 14 | department; providing that the department shall be headed | ||
| 15 | by a secretary appointed by and serving at the pleasure of | ||
| 16 | the Governor; establishing divisions within the | ||
| 17 | department; providing that the Florida Housing Finance | ||
| 18 | Corporation shall be placed in the department for | ||
| 19 | administrative purposes; requiring appointment of division | ||
| 20 | directors; providing for the appointment of deputy and | ||
| 21 | assistant secretaries; providing for the establishment of | ||
| 22 | bureaus, sections, and subsections deemed necessary by the | ||
| 23 | secretary for certain purposes; providing for the | ||
| 24 | appointment of directors or executive directors of any | ||
| 25 | commission or council; repealing s. 20.10, F.S., relating | ||
| 26 | to the Department of State; repealing s. 20.18, F.S., | ||
| 27 | relating to the Department of Community Affairs; providing | ||
| 28 | for the transfer of programs, functions, activities, | ||
| 29 | powers, duties, rules, records, personnel, property, and | ||
| 30 | unexpended balances among certain state agencies; | ||
| 31 | providing that the Secretary of State shall continue in | ||
| 32 | office as the secretary of the Department of State and | ||
| 33 | Community Affairs without further appointment or | ||
| 34 | confirmation; providing conditional effective dates. | ||
| 35 | |||
| 36 | Be It Enacted by the Legislature of the State of Florida: | ||
| 37 | |||
| 38 | Section 1. Effective July 1, 2004, and subject to specific | ||
| 39 | appropriations in the 2004–2005 General Appropriations Act | ||
| 40 | sufficient to implement the creation of the Department of State | ||
| 41 | and Community Affairs and accomplish the associated transfers, | ||
| 42 | section 20.101, Florida Statutes, is created to read: | ||
| 43 | 20.101 Department of State and Community Affairs.--There | ||
| 44 | is created a Department of State and Community Affairs. | ||
| 45 | (1) The mission of the Department of State and Community | ||
| 46 | Affairs is to work in partnership with federal, state, and local | ||
| 47 | governmental agencies, communities, public and private entities, | ||
| 48 | and individuals in protecting and promoting the state's rich and | ||
| 49 | diverse heritage, in protecting and promoting the state's | ||
| 50 | natural resources, in protecting and promoting the rights of | ||
| 51 | citizens, communities, and businesses, and in encouraging | ||
| 52 | economic diversity and opportunities for sound growth. To | ||
| 53 | accomplish this multifaceted mission, the department shall, at a | ||
| 54 | minimum, do the following: | ||
| 55 | (a) Improve the quality of life in the state and its | ||
| 56 | communities by promoting programs with cultural and artistic | ||
| 57 | significance that have an economic impact on the state. | ||
| 58 | (b) Encourage identification, evaluation, protection, | ||
| 59 | preservation, collection, conservation, and interpretation of | ||
| 60 | and public access to information about Florida's historic sites, | ||
| 61 | properties, and objects related to Florida history and to | ||
| 62 | archaeological and folk cultural heritage. | ||
| 63 | (c) Assist in developing library services in local | ||
| 64 | communities statewide, stimulate statewide cooperation among | ||
| 65 | libraries of all types, and ensure access to materials and | ||
| 66 | information of past, present, and future value to enable state | ||
| 67 | government, local libraries, and agencies to provide effective | ||
| 68 | information services for the benefit of the people of Florida. | ||
| 69 | (d) Promote the economical and efficient management of | ||
| 70 | public records. | ||
| 71 | (e) Act as the official custodian of state records as | ||
| 72 | provided in the State Constitution. | ||
| 73 | (f) Assist local communities to provide fair, credible, | ||
| 74 | and accessible elections. | ||
| 75 | (g) Promote a positive business climate in Florida by | ||
| 76 | maintaining an efficient and effective business registration | ||
| 77 | activity, including the filing of business entities, trade and | ||
| 78 | service marks, judgment liens, and fictitious names. | ||
| 79 | (h) Protect residents, visitors, and property by planning | ||
| 80 | for and mitigating against hazards, and by maintaining effective | ||
| 81 | and rapid response and recovery capabilities at the state and | ||
| 82 | local levels. | ||
| 83 | (i) Provide assistance and grant funding to local | ||
| 84 | governments in identifying programs and services available to | ||
| 85 | residents and local governments for individual and neighborhood | ||
| 86 | improvements. | ||
| 87 | (j) Promote economic development through providing | ||
| 88 | assistance to communities to achieve a consistent, effective | ||
| 89 | management of growth to protect their natural resources and to | ||
| 90 | improve their quality of life. | ||
| 91 | (k) Provide consistent direction and support regarding | ||
| 92 | local and state roles in protecting critical state resources and | ||
| 93 | addressing significant state issues. | ||
| 94 | (2) The head of the Department of State and Community | ||
| 95 | Affairs is the Secretary of State. The secretary shall be | ||
| 96 | appointed by the Governor subject to confirmation by the Senate. | ||
| 97 | The secretary shall serve at the pleasure of the Governor. | ||
| 98 | (3) The following divisions of the Department of State and | ||
| 99 | Community Affairs are established: | ||
| 100 | (a) Division of Administration. | ||
| 101 | (b) Division of Community Assistance. | ||
| 102 | (c) Division of Community Planning and Growth Management. | ||
| 103 | (d) Division of Corporations. | ||
| 104 | (e) Division of Elections. | ||
| 105 | (f) Division of Emergency Management. | ||
| 106 | (g) Division of Historical and Cultural Resources. | ||
| 107 | (h) Division of Library and Information Services. | ||
| 108 | (4) The Florida Housing Finance Corporation shall be | ||
| 109 | housed in the Department of State and Community Affairs for | ||
| 110 | administrative purposes. | ||
| 111 | (5) The secretary shall appoint a director for each | ||
| 112 | division established within this section. Each division director | ||
| 113 | shall directly administer the division and shall be responsible | ||
| 114 | to the secretary. The secretary may appoint deputy and assistant | ||
| 115 | secretaries as necessary to aid the secretary in fulfilling the | ||
| 116 | secretary's statutory obligations. | ||
| 117 | (6) Bureaus, sections, and subsections of the department | ||
| 118 | may be established as deemed necessary by the secretary to | ||
| 119 | promote efficient and effective operation of the department, | ||
| 120 | pursuant to s. 20.04, and necessary to carry out the | ||
| 121 | requirements of state and federal law. | ||
| 122 | (7) Unless otherwise provided by law, the Secretary of | ||
| 123 | State shall appoint the directors or executive directors of any | ||
| 124 | commission or council assigned to the department, who shall | ||
| 125 | serve at his or her pleasure as provided for division directors | ||
| 126 | in s. 110.205. The appointment or termination by the secretary | ||
| 127 | shall be done with the advice and consent of the commission or | ||
| 128 | council and the director or executive director may employ, | ||
| 129 | subject to departmental rules and procedures, such personnel as | ||
| 130 | may be authorized and necessary. | ||
| 131 | Section 2. Effective July 1, 2004, and subject to specific | ||
| 132 | appropriations in the 2004–2005 General Appropriations Act | ||
| 133 | sufficient to implement the creation of the Department of State | ||
| 134 | and Community Affairs and accomplish the associated transfers, | ||
| 135 | ss. 20.10 and 20.18, Florida Statutes, are repealed. | ||
| 136 | Section 3. Transfers.-- | ||
| 137 | (1) Effective July 1, 2004, and subject to specific | ||
| 138 | appropriations in the 2004–2005 General Appropriations Act | ||
| 139 | sufficient to implement the creation of the Department of State | ||
| 140 | and Community Affairs and accomplish the associated transfers, | ||
| 141 | all powers, duties, functions, rules, records, personnel, | ||
| 142 | property, and unexpended balances of appropriations, | ||
| 143 | allocations, and other funds of the Department of Community | ||
| 144 | Affairs are transferred intact by a type two transfer, as | ||
| 145 | defined in s. 20.06(2), Florida Statutes, from the Department of | ||
| 146 | Community Affairs to the Department of State and Community | ||
| 147 | Affairs, except as otherwise provided in this section. | ||
| 148 | (2) Effective July 1, 2004, and subject to specific | ||
| 149 | appropriations in the 2004–2005 General Appropriations Act | ||
| 150 | sufficient to implement the creation of the Department of State | ||
| 151 | and Community Affairs and accomplish the associated transfers, | ||
| 152 | all powers, duties, functions, rules, records, personnel, | ||
| 153 | property, and unexpended balances of appropriations, | ||
| 154 | allocations, and other funds of the Department of State are | ||
| 155 | transferred intact by a type two transfer, as defined in s. | ||
| 156 | 20.06(2), Florida Statutes, from the Department of State to the | ||
| 157 | Department of State and Community Affairs, except as otherwise | ||
| 158 | provided in this section. | ||
| 159 | (3) Effective July 1, 2004, and subject to specific | ||
| 160 | appropriations in the 2004–2005 General Appropriations Act | ||
| 161 | sufficient to implement the creation of the Department of State | ||
| 162 | and Community Affairs and accomplish the associated transfers, | ||
| 163 | the following programs, functions, and activities, including all | ||
| 164 | statutory powers, duties, functions, rules, records, personnel, | ||
| 165 | property, and unexpended balances of appropriations, | ||
| 166 | allocations, and other funds associated with the identified | ||
| 167 | program, function, or activity are hereby transferred intact by | ||
| 168 | a type two transfer, as defined in s. 20.06(2), Florida | ||
| 169 | Statutes: | ||
| 170 | (a) From the Department of Community Affairs to the | ||
| 171 | Department of Environmental Protection, the state energy program | ||
| 172 | as authorized and governed by ss. 377.701 and 377.703, Florida | ||
| 173 | Statutes. | ||
| 174 | (b) From the Department of State to the Executive Office | ||
| 175 | of the Governor: | ||
| 176 | 1. The advocating international business partnerships | ||
| 177 | service as authorized in ss. 288.809 and 288.816, Florida | ||
| 178 | Statutes. | ||
| 179 | 2. Issuance of apostilles as authorized by s. 15.16(8), | ||
| 180 | Florida Statutes. | ||
| 181 | 3. The international notaries function as authorized in | ||
| 182 | chapter 118, Florida Statutes. | ||
| 183 | |||
| 184 | However, these transfers shall not include any transfer of the | ||
| 185 | statutory roles and responsibilities of the Secretary of State | ||
| 186 | as Florida's Chief Cultural Officer. | ||
| 187 | (c) From the Department of Environmental Protection to the | ||
| 188 | Department of State and Community Affairs: | ||
| 189 | 1. The Florida Recreation Development Assistance Program | ||
| 190 | (FRDAP) as authorized by s. 375.075, Florida Statutes, and | ||
| 191 | associated revenues described in s. 259.105(3)(d), Florida | ||
| 192 | Statutes. | ||
| 193 | 2. The federal recreational trails program. | ||
| 194 | (d) From the Department of Community Affairs to the | ||
| 195 | Florida Housing Finance Corporation: | ||
| 196 | 1. The Affordable Housing Catalyst Program as authorized | ||
| 197 | and governed by s. 420.606, Florida Statutes. | ||
| 198 | 2. The Affordable Housing Study Commission as authorized | ||
| 199 | and governed by s. 420.609, Florida Statutes. | ||
| 200 | (e) From the Executive Office of the Governor to the | ||
| 201 | Department of State and Community Affairs: | ||
| 202 | 1. The Regional Rural Development Grants Program as | ||
| 203 | authorized and governed by ss. 14.2015(2)(f) and 288.018, | ||
| 204 | Florida Statutes. | ||
| 205 | 2. The Rural Community Development Revolving Loan Fund | ||
| 206 | Program as authorized and governed by ss. 14.2015(2)(f) and | ||
| 207 | 288.065, Florida Statutes. | ||
| 208 | 3. The Office of Urban Opportunity as authorized and | ||
| 209 | governed by s. 14.2015(9), Florida Statutes. | ||
| 210 | (f) From the Department of Community Affairs to the | ||
| 211 | Department of Legal Affairs, the civil legal assistance program | ||
| 212 | as authorized and governed by ss. 68.094-68.105, Florida | ||
| 213 | Statutes. | ||
| 214 | Section 4. Effective July 1, 2004, and subject to specific | ||
| 215 | appropriations in the 2004–2005 General Appropriations Act | ||
| 216 | sufficient to implement the creation of the Department of State | ||
| 217 | and Community Affairs and accomplish the associated transfers, | ||
| 218 | the Secretary of State shall continue in office as the secretary | ||
| 219 | of the Department of State and Community Affairs without further | ||
| 220 | appointment by the Governor or reconfirmation by the Senate and | ||
| 221 | shall be known as the Secretary of State. | ||
| 222 | Section 5. Reports.--The Department of State, the | ||
| 223 | Department of Community Affairs, the Department of Environmental | ||
| 224 | Protection, the Executive Office of the Governor, and the | ||
| 225 | Department of Legal Affairs shall evaluate the programs, | ||
| 226 | functions, and activities to be transferred to or from their | ||
| 227 | respective agencies by this act. The agencies shall each provide | ||
| 228 | a report to the Governor, the Speaker of the House of | ||
| 229 | Representatives, and the President of the Senate by December 1, | ||
| 230 | 2003, recommending statutory, budgetary, and administrative | ||
| 231 | changes to best effectuate and incorporate the programs, | ||
| 232 | functions, and activities within each agency to be transferred | ||
| 233 | by this act, including recommendations for achieving | ||
| 234 | efficiencies in management and operation, improving service | ||
| 235 | delivery to the public, and ensuring compliance with federal and | ||
| 236 | state laws. Input from constituent groups to include, but not be | ||
| 237 | limited to, the Florida Historical Commission, the Florida | ||
| 238 | Association of Museums, the Florida Archeological Council, the | ||
| 239 | Florida Trust for Historic Preservation, and the Florida Arts | ||
| 240 | Council shall be requested and considered by the agencies and | ||
| 241 | made a part of each agency's final report. | ||
| 242 | Section 6. Except as otherwise provided herein, this act | ||
| 243 | shall take effect July 1, 2003. | ||