Florida Senate - 2008 SB 884
By Senator Haridopolos
26-00385-08 2008884__
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A bill to be entitled
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An act relating to obsolete or outdated agency plans,
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reports, and programs; repealing s. 14.25, F.S., relating
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to the Florida State Commission on Hispanic Affairs;
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amending s. 14.26, F.S.; revising reporting requirements
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of the Citizen's Assistance Office; repealing s. 14.27,
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F.S., relating to the Florida Commission on African-
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American Affairs; repealing s. 16.58, F.S., relating to
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the Florida Legal Resource Center; amending s. 17.32,
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F.S.; revising the recipients of the annual report of
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trust funds by the Chief Financial Officer; amending s.
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17.325, F.S.; deleting a reporting requirement relating to
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the governmental efficiency hotline; amending s. 20.057,
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F.S.; deleting a reporting requirement of the Governor
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relating to interagency agreements to delete duplication
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of inspections; amending s. 20.19, F.S.; deleting
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provisions relating to planning by the Department of
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Children and Family Services; deleting provisions relating
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to planning in service districts of the department;
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repealing s. 20.316(4)(e), (f), and (g), F.S.; deleting
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provisions relating to information systems of the
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Department of Juvenile Justice; amending s. 20.43, F.S.;
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revising provisions relating to planning by the Department
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of Health; repealing s. 39.3065(3)(d), F.S.; deleting
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certain provisions relating to evaluations and reports of
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child protective investigative services; amending s.
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39.4086, F.S.; deleting provisions relating to a report by
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the State Courts Administrator on a guardian ad litem
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program for dependent children; transferring certain
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duties to the statewide Guardian Ad Litem Office;
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repealing s. 39.523(5), F.S.; deleting provisions relating
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to a report on the placement of children in licensed
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residential group care; amending s. 98.255, F.S.; deleting
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provisions relating to a report on the effectiveness of
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voter education programs; amending s. 110.1227, F.S.;
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revising provisions relating to a report by the board of
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directors of the Florida Long-Term Care Plan; amending s.
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120.542, F.S.; deleting provisions relating to reports of
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petitions filed for variances to agency rules; amending s.
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120.60, F.S.; deleting a provision relating to filing of
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notice and certification of an agency's intent to grant or
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deny a license; amending s. 120.695, F.S.; deleting
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obsolete provisions relating to agency review of rules;
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amending s. 121.45, F.S.; deleting provisions relating to
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reports on interstate compacts relating to pension
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portability; repealing s. 153.952, F.S., relating to
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legislative findings and intent on privately owned
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wastewater systems and facilities; amending s. 161.053,
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F.S.; deleting a provision relating to a report on the
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coastal construction control line; amending s. 161.161,
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F.S.; deleting a provision requiring a report on funding
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for beach erosion control; repealing s. 163.2526, F.S.,
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relating to a review and evaluation of urban infill;
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amending s. 163.3167, F.S.; deleting provisions relating
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to local government comprehensive plans; amending s.
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163.3177, F.S.; revising requirements for comprehensive
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plans; amending s. 163.3178, F.S.; deleting a duty of the
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Coastal Resources Interagency Management Committee to
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submit certain recommendations; repealing s. 163.519(12),
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F.S.; deleting a requirement for a report on neighborhood
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improvement districts by the Department of Legal Affairs;
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repealing s. 186.007(9), F.S.; deleting provisions
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relating to a committee to recommend to the Governor
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changes in the state comprehensive plan; amending ss.
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to dissemination of the official list of special
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districts; amending s. 194.034, F.S.; deleting a
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requirement that the Department of Revenue be notified of
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certain value adjustment board decisions; amending s.
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206.606, F.S.; revising provisions relating to a report on
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the Florida Boating Improvement Program; amending s.
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212.054, F.S.; deleting the requirement for a report on
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costs of administering the discretionary sales surtax;
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amending s. 212.08, F.S.; deleting a requirement for a
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report on the sales tax exemption for machinery and
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equipment used in semiconductor, defense, or space
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technology production and research and development;
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repealing s. 213.0452, F.S., relating to a report on the
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structure of the Department of Revenue; repealing s.
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213.054, F.S., relating to monitoring and reporting on
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persons claiming tax exemptions; amending s. 215.70, F.S.;
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requiring the State Board of Administration to report to
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the Governor when funds need to be appropriated to honor
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the full faith and credit of the state; amending s.
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216.011, F.S.; redefining the term "long-range program
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plan"; repealing s. 216.103, F.S., relating to agencies
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receiving federal funds; repealing s. 216.172, F.S.,
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relating to meetings of legislative appropriations
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committees; repealing s. 216.181(10)(c), F.S.; deleting
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provisions relating to reports of filled and vacant
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positions and salaries; amending s. 252.55, F.S.; revising
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certain reporting requirements relating to the Civil Air
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Patrol; amending s. 253.7825, F.S.; deleting provisions
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relating to the plan for the Cross Florida Greenways State
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Recreation and Conservation Area; repealing s. 253.7826,
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F.S., relating to Cross Florida Barge Canal structures;
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repealing s. 253.7829, F.S., relating to a management plan
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for retention or disposition of Cross Florida Barge Canal
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lands; amending s. 259.037, F.S.; revising provisions
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relating to a report of the Land Management Uniform
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Accounting Council; repealing s. 267.074(4), F.S.;
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deleting provisions relating to a plan for the State
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Historical Marker Program; repealing s. 272.121, F.S.,
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relating to Capitol Center long-range planning; repealing
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s. 284.50(3), F.S.; deleting a requirement for a report by
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the Interagency Advisory Council on Loss Prevention and
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department heads; repealing s. 287.045(11), F.S.; deleting
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a requirement for reports on use of recycled products;
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amending s. 287.059, F.S.; deleting a requirement for
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reporting proposed fee schedules for private attorney
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services for the Attorney General's office; repealing s.
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287.16(10), F.S.; deleting a requirement for a report on
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aircraft use by the Department of Management Services;
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repealing s. 288.1045(6)(d), F.S.; deleting a requirement
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for a report by the Office of Tourism, Trade, and Economic
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Development on the defense contractor tax refund program;
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repealing s. 288.108(7), F.S.; deleting a requirement for
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a report by the Office of Tourism, Trade, and Economic
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Development on high-impact businesses; repealing s.
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288.1185, F.S., relating to the Recycling Markets Advisory
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Committee; amending s. 288.1226, F.S.; deleting a
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requirement for the Office of Tourism, Trade, and Economic
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Development to certify operations of the Florida Tourism
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Industry Marketing Corporation; amending s. 288.1229,
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F.S.; revising duties of the direct-support organization
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to support sports-related industries and amateur
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athletics; repealing s. 288.7015(4), F.S.; deleting a
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requirement for a report by the rules ombudsman in the
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Executive Office of the Governor; amending s. 288.7771,
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F.S.; revising a reporting requirement of the Florida
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Export Finance Corporation; repealing s. 288.8175(8),
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(10), and (11), F.S.; deleting certain responsibilities of
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the Department of Education with respect to linkage
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institutes between postsecondary institutions in this
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state and foreign countries; repealing s. 288.853(5),
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F.S.; deleting the requirement for a report on assistance
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to and commerce with Cuba; amending s. 288.95155, F.S.;
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revising requirements for a report by Enterprise Florida,
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Inc., on the Florida Small Business Technology Growth
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Program; amending s. 288.9604, F.S.; deleting a
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requirement for a report by the Florida Development
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Finance Corporation; amending s. 288.9610, F.S.; revising
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provisions relating to annual reporting by the
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corporation; amending s. 292.04, F.S.; deleting provisions
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relating to a survey by the Florida Commission on
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Veterans' Affairs; amending s. 292.05, F.S.; revising
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requirements relating to a report by the Department of
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relating to reports by the executive director of the
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Department of Veterans' Affairs; repealing s.
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315.03(12)(c), F.S.; deleting provisions relating to
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legislative review of a loan program of the Florida
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Seaport Transportation and Economic Development Council;
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amending s. 319.324, F.S.; deleting provisions relating to
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funding a report on odometer fraud prevention and
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detection; amending s. 322.181, F.S.; revising provisions
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relating to a study by the Department of Highway Safety
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and Motor Vehicles on driving by the elderly; repealing s.
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322.251(7)(c), F.S.; deleting provisions relating to a
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plan to indemnify persons wanted for passing worthless
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bank checks; repealing s. 366.82(4), F.S.; deleting a
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provision relating to reports by utilities to the Public
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Service Commission; amending s. 369.22, F.S.; revising
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requirements relating to a report by the Department of
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Environmental Protection on nonindigenous plant control;
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repealing s. 370.26(8), F.S.; deleting a duty of the Fish
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and Wildlife Conservation Commission relating to an
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aquaculture plan; amending s. 372.5712, F.S.; revising
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provisions relating to a report by the commission on
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waterfowl permit revenues; amending s. 372.5715, F.S.;
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revising provisions relating to a report by the commission
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on wild turkey permit revenues; repealing s. 372.673,
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F.S., relating to the Florida Panther Technical Advisory
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Council; amending s. 373.0391, F.S.; deleting provisions
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relating to provision of certain information by water
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management districts; amending s. 373.046, F.S.; deleting
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an obsolete provision requiring a report by the secretary
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of the Department of Environmental Protection; repealing
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s. 376.121(14), F.S.; deleting a provision relating to a
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report by the Department of Environmental Protection on
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damage to natural resources; repealing s. 376.17, F.S.,
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relating to reports of the department to the Legislature;
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repealing s. 376.30713(5), F.S.; deleting provisions
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relating to a report on preapproved advanced cleanup;
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amending s. 377.703, F.S.; deleting a requirement for a
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report from the Public Service Commission on electricity,
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natural gas, and energy conservation; amending s. 380.06,
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F.S.; deleting provisions on transmission of revisions
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relating to statewide guidelines and standards for
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developments of regional impact; repealing s. 380.0677(3),
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F.S.; deleting provisions relating to powers of the Green
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Swamp Land Authority; repealing s. 381.0011(3), F.S.;
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deleting provisions relating to an inclusion in the
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Department of Health's strategic plan; repealing s.
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381.0036, F.S., relating to planning for implementation of
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educational requirements concerning HIV and AIDS;
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repealing s. 381.731, F.S., relating to strategic planning
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of the Department of Health; amending s. 381.795, F.S.;
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deleting provisions relating to studies by the Department
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of Health on long-term, community-based supports; amending
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s. 381.931, F.S.; deleting provisions relating to the duty
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of the Department of Health to develop a report on
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Medicaid expenditures; amending s. 383.19, F.S.; revising
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provisions relating to reports by hospitals contracting to
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provide perinatal intensive care services; repealing s.
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383.21, F.S., relating to perinatal intensive care service
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program review; amending s. 383.2161, F.S.; revising
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requirements relating to a report by the Department of
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Health on maternal and child health; repealing s.
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394.4573(4), F.S.; deleting the requirement for a report
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by the Department of Children and Family Services on state
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mental health facility staffing; amending s. 394.4985,
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F.S.; deleting provisions relating to plans by department
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districts; amending s. 394.75, F.S.; revising provisions
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relating to reports by the department on substance abuse
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and mental health plans; repealing s. 394.82, F.S.,
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relating to funding of expanded community mental health
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services; amending s. 394.9082, F.S.; deleting obsolete
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provisions relating to an amendment to the master state
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plan on behavioral health services and to provision of
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status reports; repealing s. 394.9083, F.S., relating to
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the Behavioral Health Services Integration Workgroup;
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repealing s. 395.807(2)(c), F.S.; deleting requirements
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for a report on retention of family practice residents;
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repealing s. 397.321(1) and (20), F.S.; deleting a
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requirement that the Department of Children and Family
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Services develop a plan for substance abuse services;
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repealing s. 397.332(3), F.S.; deleting the requirement
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for a report by the director of the Office of Drug
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Control; amending s. 397.333, F.S.; deleting the
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requirement for a report by the Statewide Drug Policy
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Advisory Council; repealing s. 397.94(1), F.S.; deleting
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provisions relating to children's substance abuse services
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plans by service districts of the Department of Children
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and Family Services; repealing s. 400.148(2), F.S.;
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deleting a provision relating to a pilot program of the
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Agency for Health Care Administration on a quality-of-care
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contract management program; amending s. 400.967, F.S.;
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deleting provisions relating to a report by the Agency for
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Health Care Administration on intermediate care facilities
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for developmentally disabled persons; repealing s.
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402.3016(3), F.S.; deleting a requirement for a report by
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the agency on early head start collaboration grants;
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repealing s. 402.40(9), F.S.; deleting a provision
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relating to submission of certain information related to
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child welfare training to the Legislature; amending s.
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403.4131, F.S.; deleting provisions relating to a report
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on the adopt-a-highway program; repealing s. 406.02(4)(a),
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F.S.; deleting a requirement for a report by the Medical
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Examiners Commission; amending s. 408.033, F.S.; revising
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provisions relating to reports by local health councils;
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repealing s. 408.914(4), F.S.; deleting provisions
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requiring the Agency for Health Care Administration to
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submit a plan on comprehensive health and human services
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eligibility access to the Governor; amending s.
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408.915(3)(i), F.S.; deleting provisions requiring
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periodic reports on the pilot program for such access;
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repealing s. 408.917, F.S., relating to evaluation of the
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pilot project; amending s. 409.1451, F.S.; revising
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requirements relating to reports on independent living
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transition services; repealing s. 409.146, F.S., relating
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to the children and families client and management
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information system; repealing s. 409.152, F.S., relating
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to service integration and family preservation; repealing
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s. 409.1679(1) and (2), F.S.; deleting provisions relating
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to reports concerning residential group care services;
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amending s. 409.1685, F.S.; revising provisions relating
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to reports by the Department of Children and Family
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Services on children in foster care; amending s. 409.178,
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F.S.; deleting provisions relating to use of child care
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purchasing pool funds; repealing s. 409.221(4)(k), F.S.;
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deleting provisions relating to reports on consumer-
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directed care; amending s. 409.25575, F.S.; deleting
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provisions relating to a report by the Department of
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Revenue regarding a quality assurance program for
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privatization of services; amending s. 409.2558, F.S.;
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deleting provisions relating to the Department of
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Revenue's solicitation of recommendations related to a
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rule on undistributable collections; repealing s.
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409.441(3), F.S.; deleting provisions relating to the
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state plan for the handling of runaway youths; amending s.
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409.906, F.S.; deleting a requirement for reports of
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child-welfare-targeted case management projects; amending
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s. 409.912, F.S.; revising provisions relating to duties
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of the agency with respect to cost-effective purchasing of
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health care; repealing s. 410.0245, F.S., relating to a
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study of service needs of the disabled adult population;
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repealing s. 410.604(10), F.S.; deleting a requirement for
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the Department of Children and Family Services to evaluate
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the community care for disabled adults program; repealing
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s. 411.221, F.S., relating to prevention and early
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assistance; repealing s. 411.242, F.S., relating to the
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Florida Education Now and Babies Later program; repealing
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s. 414.1251(3), F.S.; deleting a provision relating to an
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electronic data transfer system for the learnfare program;
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amending s. 414.14, F.S.; deleting a provision relating to
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a report by the secretary of the Department of Children
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and Family Services on public assistance policy
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simplification; repealing s. 414.36(1), F.S.; deleting a
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provision relating to a plan for privatization of recovery
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of public assistance overpayment claims; repealing s.
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414.391(3), F.S.; deleting provisions relating to a plan
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for automated fingerprint imaging; amending s. 415.1045,
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F.S.; deleting a requirement for a study by the Office of
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Program Policy Analysis and Government Accountability on
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documentation of exploitation, abuse, or neglect; amending
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s. 415.111, F.S.; deleting the requirement for a report by
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the Department of Children and Family Services on
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exploitation, abuse, or neglect; amending s. 420.622,
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F.S.; revising requirements relating to a report by the
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State Council on Homelessness; repealing s. 420.623(4),
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F.S.; deleting a requirement for a report by the
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Department of Community Affairs on homelessness; amending
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s. 427.704, F.S.; revising requirements relating to a
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report by the Public Service Commission on a
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telecommunications access system; amending s. 427.706,
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F.S.; revising requirements relating to a report by the
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advisory committee on telecommunications access; amending
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s. 429.07, F.S.; deleting provisions relating to a report
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by the Department of Elderly Affairs on extended
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congregate care facilities; repealing s. 429.08(2), F.S.;
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deleting a provision relating to local workgroups of field
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offices of the Agency for Health Care Administration;
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amending s. 429.41, F.S.; deleting provisions relating to
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a report concerning standards for assisted living
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facilities; amending s. 430.04, F.S.; revising duties of
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the Department of Elderly Affairs with respect to certain
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reports and recommendations; amending s. 430.502, F.S.;
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revising requirements with respect to reports by the
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Alzheimer's Disease Advisory Committee; amending s.
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445.003, F.S.; revising reporting requirements relating to
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Workforce Florida, Inc.; amending s. 445.006, F.S.;
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deleting provisions relating to a strategic plan for
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workforce development; repealing s. 445.022(4), F.S.;
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deleting a requirement for reports by regional workforce
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boards on retention incentives; amending s. 446.50, F.S.;
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deleting provisions relating to a state plan for displaced
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homemakers; repealing s. 455.204, F.S., relating to long-
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range policy planning in the Department of Business and
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Professional Regulation; repealing s. 455.2226(8), F.S.;
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deleting a requirement for a report by the Board of
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Funeral Directors and Embalmers; repealing s. 455.2228(6),
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F.S.; deleting a requirement for reports by the Barbers'
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Board and the Board of Cosmetology; amending s. 456.005,
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F.S.; revising requirements relating to long-range
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planning by professional boards; amending s. 456.025,
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F.S.; revising requirements relating to a report to
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professional boards by the Department of Health; repealing
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s. 456.034(6), F.S.; deleting provisions relating to
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reports by professional boards about HIV and AIDS;
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amending s. 517.302, F.S.; deleting a requirement for a
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report by the Office of Financial Regulation on deposits
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into the Anti-Fraud Trust Fund; repealing s. 531.415(3),
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F.S.; deleting the requirement for a report by the
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Department of Agriculture and Consumer Services on fees;
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repealing s. 553.975, F.S., relating to a report to the
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Governor and Legislature by the Public Service Commission;
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repealing s. 570.0705(3), F.S.; deleting the requirement
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for a report by the Commissioner of Agriculture concerning
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advisory committees; repealing s. 570.0725(5), F.S.;
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deleting provisions relating to a report by the Department
362
of Agriculture and Consumer Services concerning support
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for food recovery programs; repealing s. 570.543(3), F.S.;
364
deleting provisions relating to legislative
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recommendations of the Florida Consumers' Council;
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amending s. 603.204, F.S.; revising requirements relating
367
to the South Florida Tropical Fruit Plan; amending s.
368
627.64872, F.S.; deleting provisions relating to an
369
interim report by the board of directors of the Florida
370
Health Insurance Plan; prohibiting the board from acting
371
to implement the plan until certain funds are
372
appropriated; amending s. 744.708, F.S.; revising
373
provisions relating to audits of public guardian offices
374
and to reports concerning those offices; repealing s.
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765.5215(3), F.S.; deleting a requirement for a report by
376
the Agency for Health Care Administration concerning organ
377
donation; amending s. 768.295, F.S.; revising duties of
378
the Attorney General relating to reports concerning
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"SLAPP" lawsuits; amending s. 775.084, F.S.; deleting
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provisions relating to sentencing of violent career
381
criminals and to reports of judicial actions with respect
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thereto; amending s. 790.22, F.S.; deleting provisions
383
relating to reports by the Department of Juvenile Justice
384
concerning certain juvenile offenses that involve weapons;
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amending s. 943.125, F.S.; deleting provisions relating to
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reports by the Florida Sheriffs Association and the
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Florida Police Chiefs Association concerning law
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enforcement agency accreditation; amending s. 943.68,
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F.S.; revising requirements relating to reports by the
390
Department of Law Enforcement concerning transportation
391
and protective services; amending s. 944.023, F.S.;
392
deleting provisions relating to the comprehensive
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correctional master plan; amending s. 944.801, F.S.;
394
deleting a requirement to deliver to specified officials
395
copies of certain reports concerning education of state
396
prisoners; repealing s. 945.35(10), F.S.; deleting a
397
requirement for a report by the Department of Corrections
398
concerning HIV and AIDS education; repealing s.
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948.10(8)(d), F.S.; deleting a requirement for a report by
400
the Department of Corrections about placement of
401
ineligible offenders on community control; repealing s.
402
958.045(9), F.S.; deleting provisions relating to a report
403
by the department concerning youthful offenders; amending
404
s. 960.045, F.S.; revising requirements relating to
405
reports by the Department of Legal Affairs with respect to
406
victims of crimes; repealing s. 985.02(8)(c), F.S.;
407
deleting the requirement of a study by the Office of
408
Program Policy Analysis and Government Accountability on
409
programs for young females within the Department of
410
Juvenile Justice; amending s. 985.047, F.S.; deleting
411
provisions relating to a plan by a multiagency task force
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on information systems related to delinquency; amending s.
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985.47, F.S.; deleting provisions relating to a report on
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serious or habitual juvenile offenders; amending s.
415
985.483, F.S.; deleting provisions relating to a report on
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intensive residential treatment for offenders under 13
417
years of age; repealing s. 985.61(5), F.S.; deleting
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provisions relating to a report by the Department of
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Juvenile Justice on early delinquency intervention;
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amending s. 985.622, F.S.; deleting provisions relating to
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submission of the multiagency plan for vocational
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education; repealing s. 985.632(7), F.S.; deleting
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provisions relating to a report by the Department of
424
Corrections on quality assurance in contractual
425
procurements; repealing s. 1002.34(19), F.S.; deleting
426
provisions relating to an evaluation and report by the
427
Commissioner of Education concerning charter technical
428
career centers; repealing s. 1003.61(4), F.S.; deleting
429
provisions relating to evaluation of a pilot attendance
430
project in Manatee County; amending s. 1004.22, F.S.;
431
deleting provisions relating to university reports
432
concerning sponsored research; repealing s. 1004.50(6),
433
F.S.; deleting a requirement for a report by the Governor
434
concerning unmet needs in urban communities; repealing s.
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1004.94(2) and (4), F.S.; deleting provisions relating to
436
guidelines for and a report on plans for a state adult
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literacy program; amending s. 1004.95, F.S.; revising
438
requirements relating to implementing provisions for adult
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literacy centers; repealing s. 1006.0605, F.S., relating
440
to students' summer nutrition; repealing s. 1006.67, F.S.,
441
relating to a report of campus crime statistics; amending
442
s. 1009.70, F.S.; deleting provisions relating to a report
443
on a minority law school scholarship program; amending s.
444
1011.32, F.S.; requiring the Governor to be given a copy
445
of a report related to the Community College Facility
446
Enhancement Challenge Grant Program; amending s. 1011.62,
447
F.S.; deleting provisions relating to recommendations for
448
implementing the extended-school-year program; repealing
449
s. 1012.05(2)(l), F.S.; deleting provisions relating to a
450
plan concerning teacher recruitment and retention;
451
amending s. 1012.42, F.S.; deleting provisions relating to
452
a plan of assistance for teachers teaching out-of-field;
453
amending s. 1013.11, F.S.; deleting provisions relating to
454
transmittal of a report on physical plant safety; amending
458
changes made by the act; providing an effective date.
459
460
Be It Enacted by the Legislature of the State of Florida:
461
462
Section 1. Section 14.25, Florida Statutes, is repealed.
463
Section 2. Subsection (3) of section 14.26, Florida
464
Statutes, is amended to read:
465
14.26 Citizen's Assistance Office.--
466
(3) The Citizen's Assistance Office shall report make
467
quarterly reports to the Governor on, which shall include:
468
(a) The number of complaints and investigations and
469
complaints made during the preceding quarter and the disposition
470
of such investigations.
471
(b) Recommendations in the form of suggested legislation or
472
suggested procedures for the alleviation of problems disclosed by
473
investigations.
474
(b)(c) A report including statistics which reflect The
475
types of complaints made and an assessment as to the cause of the
476
complaints.
477
(c) Recommendations for the alleviation of the cause of
478
complaints disclosed by investigations.
479
(d) Such other information as the Executive Office of the
480
Governor shall require.
481
Section 3. Section 14.27, Florida Statutes, is repealed.
482
Section 4. Section 16.58, Florida Statutes, is repealed.
483
Section 5. Subsection (1) of section 17.32, Florida
484
Statutes, is amended to read:
485
17.32 Annual report of trust funds; duties of Chief
486
Financial Officer.--
487
(1) On February 1 of each year, the Chief Financial Officer
488
shall present to the Governor and the Legislature President of
489
the Senate and the Speaker of the House of Representatives a
490
report listing all trust funds as defined in s. 215.32. The
491
report must shall contain the following data elements for each
492
fund for the preceding fiscal year:
493
(a) The fund code.
494
(b) The title.
495
(c) The fund type according to generally accepted
496
accounting principles.
497
(d) The statutory authority.
498
(e) The beginning cash balance.
499
(f) Direct revenues.
500
(g) Nonoperating revenues.
501
(h) Operating disbursements.
502
(i) Nonoperating disbursements.
503
(j) The ending cash balance.
504
(k) The department and budget entity in which the fund is
505
located.
506
Section 6. Subsection (1) of section 17.325, Florida
507
Statutes, is amended to read:
508
17.325 Governmental efficiency hotline; duties of Chief
509
Financial Officer.--
510
(1) The Chief Financial Officer shall establish and operate
511
a statewide toll-free telephone hotline to receive information or
512
suggestions from the citizens of this state on how to improve the
513
operation of government, increase governmental efficiency, and
514
eliminate waste in government. The Chief Financial Officer shall
515
report each month to the appropriations committee of the House of
516
Representatives and of the Senate the information or suggestions
517
received through the hotline and the evaluations and
518
determinations made by the affected agency, as provided in
519
subsection (3), with respect to such information or suggestions.
520
Section 7. Section 20.057, Florida Statutes, is amended to
521
read:
522
20.057 Interagency agreements to delete duplication of
523
inspections.--
524
(1) The Governor shall direct any department, the head of
525
which is an officer or board appointed by and serving at the
526
pleasure of the Governor, to enter into an interagency agreement
527
to that will eliminate duplication of inspections among the
528
departments that inspect the same type of facility or structure.
529
Parties to the agreement may include departments that which are
530
headed by a Cabinet officer, the Governor and Cabinet, or a
531
collegial body. The agreement shall:
532
(a) Authorize agents of one department to conduct
533
inspections required to be performed by another department.
534
(b) Specify that agents of the department conducting the
535
inspection have all powers relative to the inspection as the
536
agents of the department on whose behalf the inspection is being
537
conducted.
538
(c) Require that agents of the department conducting the
539
inspection have sufficient knowledge of statutory and
540
administrative inspection requirements to conduct a proper
541
inspection.
542
(d) Specify that the departments that enter which have
543
entered into the agreement may not neither charge or nor accept
544
any funds with respect to duties performed under the agreement
545
which are in excess of the direct costs of conducting the such
546
inspections.
547
(2) Before taking effect, an agreement entered into under
548
this section must be approved by the Governor. Inspections
549
conducted under an agreement shall be deemed sufficient for
550
enforcement purposes pursuant to the agreement or as otherwise
551
provided by law.
552
(2) No later than 60 days prior to the beginning of the
553
regular session, the Governor shall make an annual report to the
554
President of the Senate and the Speaker of the House of
555
Representatives regarding interagency agreements. The report
556
shall identify each interagency agreement entered into under this
557
section, and, for each agreement, shall describe the duplication
558
eliminated, provide data that measures the effectiveness of
559
inspections conducted under the interagency agreement, and
560
estimate the cost savings that have resulted from the agreement.
561
The report shall also describe obstacles encountered by any
562
department in attempting to develop an interagency agreement and
563
in performing duties resulting from an interagency agreement and
564
shall recommend appropriate remedial legislative action.
565
Section 8. Subsection (1) and paragraph (c) of subsection
566
(5) of section 20.19, Florida Statutes, are amended to read:
567
20.19 Department of Children and Family Services.--There is
568
created a Department of Children and Family Services.
569
(1) MISSION AND PURPOSE.--
570
(a) The mission of the Department of Children and Family
571
Services is to protect vulnerable children and adults, strengthen
572
families, and support individuals and families in achieving
573
personal and economic self-sufficiency work in partnership with
574
local communities to ensure the safety, well-being, and self-
575
sufficiency of the people served.
576
(b) The department shall develop a strategic plan for
577
fulfilling its mission and establish a set of measurable goals,
578
objectives, performance standards, and quality assurance
579
requirements to ensure that the department is accountable to the
580
people of Florida.
581
(c) To the extent allowed by law and within specific
582
appropriations, the department shall deliver services by contract
583
through private providers.
584
(5) SERVICE DISTRICTS.--
585
(c) Each fiscal year the secretary shall, in consultation
586
with the relevant employee representatives, develop projections
587
of the number of child abuse and neglect cases and shall include
588
in the department's legislative budget request a specific
589
appropriation for funds and positions for the next fiscal year in
590
order to provide an adequate number of full-time equivalent:
591
1. Child protection investigation workers so that caseloads
592
do not exceed the Child Welfare League Standards by more than two
593
cases; and
594
2. Child protection case workers so that caseloads do not
595
exceed the Child Welfare League Standards by more than two cases.
596
Section 9. Paragraphs (e), (f), and (g) of subsection (4)
597
of section 20.316, Florida Statutes, are repealed.
598
Section 10. Paragraph (l) of subsection (1) of section
599
20.43, Florida Statutes, is amended to read:
600
20.43 Department of Health.--There is created a Department
601
of Health.
602
(1) The purpose of the Department of Health is to promote
603
and protect the health of all residents and visitors in the state
604
through organized state and community efforts, including
605
cooperative agreements with counties. The department shall:
606
(l) Include in the department's long-range program
607
strategic plan developed under s. 186.021 an assessment of
608
current health programs, systems, and costs; projections of
609
future problems and opportunities; and recommended changes that
610
are needed in the health care system to improve the public
611
health.
612
Section 11. Paragraph (d) of subsection (3) of section
613
39.3065, Florida Statutes, is repealed.
614
Section 12. Paragraph (h) of subsection (2) of section
615
39.4086, Florida Statutes, is amended to read:
616
39.4086 Pilot program for attorneys ad litem for dependent
617
children.--
618
(2) RESPONSIBILITIES.--
619
(h) The Statewide Guardian Ad Litem Office of the State
620
Courts Administrator shall conduct research and gather
621
statistical information to evaluate the establishment, operation,
622
and impact of the pilot program in meeting the legal needs of
623
dependent children. In assessing the effects of the pilot
624
program, including achievement of outcomes identified under
625
paragraph (b), the evaluation must include a comparison of
626
children within the Ninth Judicial Circuit who are appointed an
627
attorney ad litem with those who are not. The office shall submit
628
a report to the Legislature and the Governor by October 1, 2001,
629
and by October 1, 2002, regarding its findings. The office shall
630
submit a final report by October 1, 2003, which must include an
631
evaluation of the pilot program; findings on the feasibility of a
632
statewide program; and recommendations, if any, for locating,
633
establishing, and operating a statewide program.
634
Section 13. Subsection (5) of section 39.523, Florida
635
Statutes, is repealed.
636
Section 14. Subsections (1) and (3) of section 98.255,
637
Florida Statutes, are amended to read:
638
98.255 Voter education programs.--
639
(1) By March 1, 2002, The Department of State shall adopt
640
rules prescribing minimum standards for nonpartisan voter
641
education. In developing the rules, the department shall review
642
current voter education programs within each county of the state.
643
The standards shall, at a minimum, address, but are not limited
644
to, the following subjects:
645
(a) Voter registration;
646
(b) Balloting procedures, absentee and polling place;
647
(c) Voter rights and responsibilities;
648
(d) Distribution of sample ballots; and
649
(e) Public service announcements.
650
(3)(a) By December 15 of each general election year, each
651
supervisor of elections shall report to the Department of State a
652
detailed description of the voter education programs implemented
653
and any other information that may be useful in evaluating the
654
effectiveness of voter education efforts.
655
(b) The Department of State, upon receipt of such
656
information, shall prepare a public report on the effectiveness
657
of voter education programs and shall submit the report to the
658
Governor, the President of the Senate, and the Speaker of the
659
House of Representatives by January 31 of each year following a
660
general election.
661
(c) The department of State shall reexamine the rules
662
adopted pursuant to subsection (1) and use consider the findings
663
in these reports the report as a basis for modifying the adopting
664
modified rules to that incorporate successful voter education
665
programs and techniques, as necessary.
666
Section 15. Paragraph (a) of subsection (7) of section
667
110.1227, Florida Statutes, is amended to read:
668
110.1227 Florida Employee Long-Term-Care Plan Act.--
669
(7) The board of directors of the Florida Long-Term-Care
670
Plan shall:
671
(a) Upon implementation, prepare an annual report of the
672
plan, with the assistance of an actuarial consultant, to be
673
submitted to the Speaker of the House of Representatives, the
674
President of the Senate, the Governor, and the Legislature the
675
Minority Leaders of the Senate and the House of Representatives.
676
Section 16. Subsection (9) of section 120.542, Florida
677
Statutes, is amended to read:
678
120.542 Variances and waivers.--
679
(9) Each agency shall maintain a record of the type and
680
disposition of each petition, including temporary or emergency
681
variances and waivers, filed pursuant to this section. On October
682
1 of each year, each agency shall file a report with the
683
Governor, the President of the Senate, and the Speaker of the
684
House of Representatives listing the number of petitions filed
685
requesting variances to each agency rule, the number of petitions
686
filed requesting waivers to each agency rule, and the disposition
687
of all petitions. Temporary or emergency variances and waivers,
688
and the reasons for granting or denying temporary or emergency
689
variances and waivers, shall be identified separately from other
690
waivers and variances.
691
Section 17. Subsection (3) of section 120.60, Florida
692
Statutes, is amended to read:
693
120.60 Licensing.--
694
(3) Each applicant shall be given written notice either
695
personally or by mail that the agency intends to grant or deny,
696
or has granted or denied, the application for license. The notice
697
must state with particularity the grounds or basis for the
698
issuance or denial of the license, except when issuance is a
699
ministerial act. Unless waived, a copy of the notice must shall
700
be delivered or mailed to each party's attorney of record and to
701
each person who has requested notice of agency action. Each
702
notice must shall inform the recipient of the basis for the
703
agency decision, shall inform the recipient of any administrative
705
pursuant to s. 120.68 which may be available, shall indicate the
706
procedure that which must be followed, and shall state the
707
applicable time limits. The issuing agency shall certify the date
708
the notice was mailed or delivered, and the notice and the
709
certification shall be filed with the agency clerk.
710
Section 18. Subsection (2) of section 120.695, Florida
711
Statutes, is amended to read:
712
120.695 Notice of noncompliance.--
713
(2)(a) Each agency shall issue a notice of noncompliance as
714
a first response to a minor violation of a rule. A "notice of
715
noncompliance" is a notification by the agency charged with
716
enforcing the rule issued to the person or business subject to
717
the rule. A notice of noncompliance may not be accompanied with
718
a fine or other disciplinary penalty. It must identify the
719
specific rule that is being violated, provide information on how
720
to comply with the rule, and specify a reasonable time for the
721
violator to comply with the rule. A rule is agency action that
722
regulates a business, occupation, or profession, or regulates a
723
person operating a business, occupation, or profession, and that,
724
if not complied with, may result in a disciplinary penalty.
725
(b) Each agency shall review all of its rules and designate
726
those rules for which a violation would be a minor violation and
727
for which a notice of noncompliance must be the first enforcement
728
action taken against a person or business subject to regulation.
729
A violation of a rule is a minor violation if it does not result
730
in economic or physical harm to a person or adversely affect the
731
public health, safety, or welfare or create a significant threat
732
of such harm. If an agency under the direction of a cabinet
733
officer mails to each licensee a notice of the designated rules
734
at the time of licensure and at least annually thereafter, the
735
provisions of paragraph (a) may be exercised at the discretion of
736
the agency. Such notice shall include a subject-matter index of
737
the rules and information on how the rules may be obtained.
738
(c) The agency's review and designation must be completed
739
by December 1, 1995; each agency under the direction of the
740
Governor shall make a report to the Governor, and each agency
741
under the joint direction of the Governor and Cabinet shall
742
report to the Governor and Cabinet by January 1, 1996, on which
743
of its rules have been designated as rules the violation of which
744
would be a minor violation.
745
(c)(d) The Governor or the Governor and Cabinet, as
746
appropriate pursuant to paragraph (c), may evaluate the rule
747
review and designation effects of each agency and may apply a
748
different designation than that applied by the agency.
749
(3)(e) This section does not apply to the regulation of law
750
enforcement personnel or teachers.
751
(4)(f) Rule designation pursuant to this section is not
752
subject to challenge under this chapter.
753
Section 19. Subsection (3) of section 121.45, Florida
754
Statutes, is amended to read:
755
121.45 Interstate compacts relating to pension
756
portability.--
757
(3) ESTABLISHMENT OF COMPACTS.--
758
(a) The Department of Management Services is authorized and
759
directed to survey other state retirement systems to determine if
760
such retirement systems are interested in developing an
761
interstate compact with Florida.
762
(b) If another any such state is interested in pursuing the
763
matter, the department shall confer with the other state, and the
764
consulting actuaries of both states, and shall present its
765
findings to the committees having jurisdiction over retirement
766
matters in the Legislature, and to representatives of affected
767
certified bargaining units, in order to determine the feasibility
768
of developing a portability compact, what groups should be
769
covered, and the goals and priorities which should guide such
770
development.
771
(c) Upon a determination that such a compact is feasible
772
and upon request of the Legislature, the department, together
773
with its consulting actuaries, shall, in accordance with said
774
goals and priorities, develop a proposal under which retirement
775
credit may be transferred to or from Florida in an actuarially
776
sound manner which shall be presented to the Governor and the
777
Legislature for consideration.
778
(d) Once a proposal has been developed, the department
779
shall contract with its consulting actuaries to conduct an
780
actuarial study of the proposal to determine the cost to the
781
Florida Retirement System Trust Fund and the State of Florida.
782
(e) After the actuarial study has been completed, the
783
department shall present its findings and the actuarial study to
784
the Legislature for consideration. If either house of the
785
Legislature elects to enter into such a compact, it shall be
786
introduced in the form of a proposed committee bill to the full
787
Legislature during the same or next regular session.
788
Section 20. Section 153.952, Florida Statutes, is repealed.
789
Section 21. Subsections (3) through (22) of section
790
161.053, Florida Statutes, are amended to read:
791
161.053 Coastal construction and excavation; regulation on
792
county basis.--
793
(3) It is the intent of the Legislature that any coastal
794
construction control line that has not been updated since June
795
30, 1980, shall be considered a critical priority for
796
reestablishment by the department. In keeping with this intent,
797
the department shall notify the Legislature if all such lines
798
cannot be reestablished by December 31, 1997, so that the
799
Legislature may subsequently consider interim lines of
800
jurisdiction for the remaining counties.
801
(3)(4) A Any coastal county or coastal municipality may
802
establish coastal construction zoning and building codes in lieu
803
of the provisions of this section if, provided such zones and
804
codes are approved by the department as being adequate to
805
preserve and protect the beaches and coastal barrier dunes
806
adjacent to such beaches, which are under the jurisdiction of the
807
department, from imprudent construction that will jeopardize the
808
stability of the beach-dune system, accelerate erosion, provide
809
inadequate protection to upland structures, endanger adjacent
810
properties, or interfere with public beach access. Exceptions to
811
locally established coastal construction zoning and building
812
codes may shall not be granted unless previously approved by the
813
department. It is The intent of this subsection is to provide for
814
the local administration of established coastal construction
815
control lines through approved zoning and building codes if where
816
desired by local interests and where such local interests have,
817
in the judgment of the department, sufficient funds and personnel
818
to adequately administer the program. Should the department
819
determine at any time that the program is inadequately
820
administered, the department may shall have authority to revoke
821
the authority granted to the county or municipality.
822
(4)(5) Except in those areas where local zoning and
823
building codes have been established pursuant to subsection (3)
824
(4), a permit to alter, excavate, or construct on property
825
seaward of established coastal construction control lines may be
826
granted by the department as follows:
827
(a) The department may authorize an excavation or erection
828
of a structure at any coastal location as described in subsection
829
(1) upon receipt of an application from a property or and/or
830
riparian owner and upon the consideration of facts and
831
circumstances, including:
832
1. Adequate engineering data concerning shoreline stability
833
and storm tides related to shoreline topography;
834
2. Design features of the proposed structures or
835
activities; and
836
3. Potential effects impacts of the location of the such
837
structures or activities, including potential cumulative effects
838
of any proposed structures or activities upon the such beach-dune
839
system, which, in the opinion of the department, clearly justify
840
such a permit.
841
(b) If in the immediate contiguous or adjacent area a
842
number of existing structures have established a reasonably
843
continuous and uniform construction line closer to the line of
844
mean high water than the foregoing, and if the existing
845
structures have not been unduly affected by erosion, a proposed
846
structure may, at the discretion of the department, be permitted
847
along such line on written authorization from the department if
848
the such structure is also approved by the department. However,
849
the department may shall not contravene setback requirements or
850
zoning or building codes established by a county or municipality
851
which are equal to, or more strict than, the those requirements
852
provided herein. This paragraph does not prohibit the department
853
from requiring structures to meet design and siting criteria
854
established in paragraph (a) or in subsection (1) or subsection
855
(2).
856
(c) The department may condition the nature, timing, and
857
sequence of construction of permitted activities to provide
858
protection to nesting sea turtles and hatchlings and their
859
habitat, pursuant to s. 370.12, and to native salt-resistant
860
vegetation and endangered plant communities.
861
(d) The department may require such engineer certifications
862
as necessary to ensure assure the adequacy of the design and
863
construction of permitted projects.
864
(e) The department shall limit the construction of
865
structures that which interfere with public access along the
866
beach. However, the department may require, as a condition of to
867
granting permits, the provision of alternative access if when
868
interference with public access along the beach is unavoidable.
869
The width of the such alternate access may not be required to
870
exceed the width of the access that will be obstructed as a
871
result of the permit being granted.
872
(f) The department may, as a condition of to the granting
873
of a permit under this section, require mitigation, financial, or
874
other assurances acceptable to the department as may be necessary
875
to ensure assure performance of conditions of a permit or enter
876
into contractual agreements to best assure compliance with any
877
permit conditions. The department may also require notice of the
878
permit conditions required and the contractual agreements entered
879
into pursuant to the provisions of this subsection to be filed in
880
the public records of the county in which the permitted activity
881
is located.
882
(5)(a)(6)(a) As used in this subsection, the term:
883
1. "Frontal dune" means the first natural or manmade mound
884
or bluff of sand which is located landward of the beach and which
885
has sufficient vegetation, height, continuity, and configuration
886
to offer protective value.
887
2. "Seasonal high-water line" means the line formed by the
888
intersection of the rising shore and the elevation of 150 percent
889
of the local mean tidal range above local mean high water.
890
(b) After October 1, 1985, and Notwithstanding any other
891
provision of this part, the department, or a local government to
892
which the department has delegated permitting authority pursuant
893
to subsections (3) (4) and (15) (16), may shall not issue a any
894
permit for any structure, other than a coastal or shore
895
protection structure, minor structure, or pier, meeting the
896
requirements of this part, or other than intake and discharge
897
structures for a facility sited pursuant to part II of chapter
898
403, which is proposed for a location which, based on the
899
department's projections of erosion in the area, will be seaward
900
of the seasonal high-water line within 30 years after the date of
901
application for the such permit. The procedures for determining
902
such erosion shall be established by rule. In determining the
903
area that which will be seaward of the seasonal high-water line
904
in 30 years, the department may shall not include any areas
905
landward of a coastal construction control line.
906
(c) Where the application of paragraph (b) would preclude
907
the construction of a structure, the department may issue a
908
permit for a single-family dwelling for the parcel if so long as:
909
1. The parcel for which the single-family dwelling is
910
proposed was platted or subdivided by metes and bounds before the
911
effective date of this section;
912
2. The owner of the parcel for which the single-family
913
dwelling is proposed does not own another parcel immediately
914
adjacent to and landward of the parcel for which the dwelling is
915
proposed;
916
3. The proposed single-family dwelling is located landward
917
of the frontal dune structure; and
918
4. The proposed single-family dwelling will be as far
919
landward on its parcel as is practicable without being located
920
seaward of or on the frontal dune.
921
(d) In determining the land areas that which will be below
922
the seasonal high-water line within 30 years after the permit
923
application date, the department shall consider the effect impact
924
on the erosion rates of an existing beach nourishment or
925
restoration project or of a beach nourishment or restoration
926
project for which all funding arrangements have been made and all
927
permits have been issued at the time the application is
928
submitted. The department shall consider each year there is sand
929
seaward of the erosion control line whether that no erosion took
930
place that year. However, the seaward extent of the beach
931
nourishment or restoration project beyond the erosion control
932
line may shall not be considered in determining the applicable
933
erosion rates. Nothing in This subsection does not shall prohibit
934
the department from requiring structures to meet the criteria
935
established in subsection (1), subsection (2), or subsection (4)
936
(5) or to be further landward than required by this subsection
937
based on the criteria established in subsection (1), subsection
938
(2), or subsection (4) (5).
939
(e) The department shall annually report to the Legislature
940
the status of this program, including any changes to the
941
previously adopted procedures for determining erosion
942
projections.
943
(6)(7) Any coastal structure erected, or excavation
944
created, in violation of the provisions of this section is hereby
945
declared to be a public nuisance; and such structure shall be
946
forthwith removed or such excavation shall be forthwith refilled
947
after written notice by the department directing such removal or
948
filling. If In the event the structure is not removed or the
949
excavation refilled within a reasonable time as directed, the
950
department may remove such structure or fill such excavation at
951
its own expense; and the costs thereof shall become a lien on
952
upon the property of the upland owner upon which the such
953
unauthorized structure or excavation is located.
954
(7)(8) Any person, firm, corporation, or agent thereof who
955
violates this section commits is guilty of a misdemeanor of the
956
first degree, punishable as provided in s. 775.082 or s.
957
775.083,; except that a person driving a any vehicle on, over, or
958
across a any sand dune and damaging or causing to be damaged such
959
sand dune or the vegetation growing thereon in violation of this
960
section commits is guilty of a misdemeanor of the second degree,
962
firm, corporation, or agent thereof commits shall be deemed
963
guilty of a separate offense for each day during any portion of
964
which a any violation of this section is committed or continued.
965
(8)(9) The provisions of This section does do not apply to
966
structures intended for shore protection purposes which are
967
regulated by s. 161.041 or to structures existing or under
968
construction prior to the establishment of the coastal
969
construction control line as provided herein if the, provided
970
such structures are may not be materially altered except as
971
provided in subsection (4) (5). Except for structures that have
972
been materially altered, structures determined to be under
973
construction at the time of the establishment or reestablishment
974
of the coastal construction control line are shall be exempt from
975
the provisions of this section. However, unless such an exemption
976
has been judicially confirmed to exist prior to April 10, 1992,
977
the exemption shall last only for a period of 3 years from either
978
the date of the determination of the exemption or April 10, 1992,
979
whichever occurs later. The department may extend the exemption
980
period for structures that require longer periods for completion
981
if of their construction, provided that construction during the
982
initial exemption period is has been continuous. For purposes of
983
this subsection, "continuous" means following a reasonable
984
sequence of construction without significant or unreasonable
985
periods of work stoppage.
986
(9)(10) The department may by regulation exempt
987
specifically described portions of the coastline from the
988
provisions of this section if, when in its judgment, such
989
portions of coastline because of their nature are not subject to
990
erosion of a substantially damaging effect to the public.
991
(10)(11) Pending the establishment of coastal construction
992
control lines as provided herein, the provisions of s. 161.052
993
shall remain in force. However, upon the establishment of coastal
994
construction control lines, or the establishment of coastal
995
construction zoning and building codes as provided in subsection
996
(3) (4), the provisions of s. 161.052 shall be superseded by the
997
provisions of this section.
998
(11)(a)(12)(a) The coastal construction control
999
requirements defined in subsection (1) and the requirements of
1000
the erosion projections pursuant to subsection (5) (6) do not
1001
apply to any modification, maintenance, or repair of to any
1002
existing structure within the limits of the existing foundation
1003
which does not require, involve, or include any additions to, or
1004
repair or modification of, the existing foundation of that
1005
structure. Specifically excluded from this exemption are seawalls
1006
or other rigid coastal or shore protection structures and any
1007
additions or enclosures added, constructed, or installed below
1008
the first dwelling floor or lowest deck of the existing
1009
structure.
1010
(b) Activities seaward of the coastal construction control
1011
line which are determined by the department not to cause a
1012
measurable interference with the natural functioning of the
1013
coastal system are exempt from the requirements of in subsection
1014
(4) (5).
1015
(c) The department may establish exemptions from the
1016
requirements of this section for minor activities determined by
1017
the department not to have an adverse effect impacts on the
1018
coastal system. Examples of such activities include, but are not
1019
limited to:
1020
1. Boat moorings;
1021
2. Maintenance of existing beach/dune vegetation;
1022
3. The burial of seaweed, dead fish, whales, or other
1023
marine animals on the unvegetated beach;
1024
4. The removal of piers or other derelict structures from
1025
the unvegetated beach or seaward of mean high water;
1026
5. Temporary emergency vehicular access, provided the
1027
affected any impacted area is immediately restored;
1028
6. The removal of any existing structures or debris from
1029
the upland, provided there is no excavation or disturbance to the
1030
existing topography or to beach-dune beach/dune vegetation;
1031
7. Construction of a any new roof overhang extending no
1032
more than 4 feet beyond the confines of the existing foundation
1033
during modification, renovation, or reconstruction of a habitable
1034
structure within the confines of the existing foundation of that
1035
structure which does not include any additions to or modification
1036
of the existing foundation of that structure;
1037
8. Minor and temporary excavation for the purpose of
1038
repairs to existing subgrade residential service utilities (e.g.,
1039
water and sewer lines, septic tanks and drainfields, electrical
1040
and telephone cables, and gas lines), if provided that there is
1041
minimal disturbance and the that grade is restored with fill
1042
compatible in both coloration and grain size to the onsite
1043
material and any damaged or destroyed vegetation is restored
1044
using similar vegetation; and
1045
9. Any other minor construction with impacts similar to the
1046
above activities.
1047
(12)(a)(13)(a) Notwithstanding the coastal construction
1048
control requirements defined in subsection (1) or the erosion
1049
projection determined pursuant to subsection (5) (6), the
1050
department may, at its discretion, issue a permit for the repair
1051
or rebuilding within the confines of the original foundation of a
1052
major structure pursuant to the provisions of subsection (4) (5).
1053
Alternatively, the department may also, at its discretion, issue
1054
a permit for a more landward relocation or rebuilding of a
1055
damaged or existing structure if such relocation or rebuilding
1056
would not cause further harm to the beach-dune system, and if, in
1057
the case of rebuilding, the such rebuilding complies with the
1058
provisions of subsection (4) (5), and otherwise complies with the
1059
provisions of this subsection.
1060
(b) Under no circumstances shall The department may not
1061
permit such repairs or rebuilding that expand the capacity of the
1062
original structure seaward of the 30-year erosion projection
1063
established pursuant to subsection (5) (6).
1064
(c) In reviewing applications for relocation or rebuilding,
1065
the department shall specifically consider changes in shoreline
1066
conditions, the availability of other relocation or rebuilding
1067
options, and the design adequacy of the project sought to be
1068
rebuilt.
1069
(d) Permits issued under this subsection are shall not be
1070
considered precedential as to the issuance of subsequent permits.
1071
(13)(14) Concurrent with the establishment of a coastal
1072
construction control line and the ongoing administration of this
1073
chapter, the secretary of the department shall make
1074
recommendations to the Board of Trustees of the Internal
1075
Improvement Trust Fund concerning the purchase of the fee or any
1076
lesser interest in any lands seaward of the control line pursuant
1077
to the state's Save Our Coast, Conservation and Recreation Lands,
1078
or Outdoor Recreation Land acquisition programs; and, with
1079
respect to those control lines established pursuant to this
1080
section prior to June 14, 1978, the secretary may make such
1081
recommendations.
1082
(14)(15) A coastal county or municipality fronting on the
1083
Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida
1084
shall advise the department within 5 days after receipt of any
1085
permit application for construction or other activities proposed
1086
to be located seaward of the line established by the department
1087
pursuant to the provisions of this section. Within 5 days after
1088
receipt of such application, the county or municipality shall
1089
notify the applicant of the requirements for state permits.
1090
(15)(16) In keeping with the intent of subsection (3) (4),
1091
and at the discretion of the department, authority for permitting
1092
certain types of activities that which have been defined by the
1093
department may be delegated by the department to a coastal county
1094
or coastal municipality. Such partial delegation shall be
1095
narrowly construed to those particular activities specifically
1096
named in the delegation and agreed to by the affected county or
1097
municipality, and the delegation may be revoked by the department
1098
at any time if it is determined that the delegation is improperly
1099
or inadequately administered.
1100
(16)(17) The department may, at the request of a property
1101
owner, contract with the such property owner for an agreement, or
1102
modify an existing contractual agreement regulating development
1103
activities landward of a coastal construction control line, if
1104
provided that nothing within the contractual agreement is
1105
consistent shall be inconsistent with the design and siting
1106
provisions of this section. In no case shall The contractual
1107
agreement may not bind either party for a period longer than 5
1108
years from its date of execution. Prior to beginning a any
1109
construction activity covered by the agreement, the property
1110
owner must shall obtain the necessary authorization required by
1111
the agreement. The agreement may shall not authorize
1112
construction for:
1113
(a) Major habitable structures that which would require
1114
construction beyond the expiration of the agreement, unless such
1115
construction is above the completed foundation; or
1116
(b) Nonhabitable major structures or minor structures,
1117
unless such construction is was authorized at the same time as
1118
the habitable major structure.
1119
(17)(18) The department may is authorized to grant areawide
1120
permits to local governments, other governmental agencies, and
1121
utility companies for special classes of activities in areas
1122
under their general jurisdiction or responsibility if, so long as
1123
these activities, due to the type, size, or temporary nature of
1124
the activity, will not cause measurable interference with the
1125
natural functioning of the beach-dune beach dune system or with
1126
marine turtles or their nesting sites. Such activities shall
1127
include, but are not be limited to: road repairs, not including
1128
new construction; utility repairs and replacements, or other
1129
minor activities necessary to provide utility services; beach
1130
cleaning; and emergency response. The department may adopt rules
1131
to establish criteria and guidelines for use by permit
1132
applicants. The department must shall require notice provisions
1133
appropriate to the type and nature of the activities for which
1134
the areawide permits are sought.
1135
(18)(19) The department may is authorized to grant general
1136
permits for projects, including dune walkovers, decks, fences,
1137
landscaping, sidewalks, driveways, pool resurfacing, minor pool
1138
repairs, and other nonhabitable structures, if the so long as
1139
these projects, due to their the type, size, or temporary nature
1140
of the project, will not cause a measurable interference with the
1141
natural functioning of the beach-dune beach dune system or with
1142
marine turtles or their nesting sites. In no event shall
1143
Multifamily habitable structures do not qualify for general
1144
permits. However, single-family habitable structures that which
1145
do not advance the line of existing construction and satisfy all
1146
siting and design requirements of this section may be eligible
1147
for a general permit pursuant to this subsection. The department
1148
may adopt rules to establish criteria and guidelines for use by
1149
permit applicants.
1150
(a) Persons wishing to use the general permits must set
1151
forth in this subsection shall, at least 30 days before beginning
1152
any work, notify the department in writing on forms adopted by
1153
the department. The notice must shall include a description of
1154
the proposed project and supporting documents depicting the
1155
proposed project, its location, and other pertinent information
1156
as required by rule, to demonstrate that the proposed project
1157
qualifies for the requested general permit. Persons who
1158
undertake projects without proof of notice to the department, but
1159
whose projects would otherwise qualify for general permits, shall
1160
be considered to have as being undertaken a project without a
1161
permit and are shall be subject to enforcement pursuant to s.
1162
1163
(b) Persons wishing to use a general permit must provide
1164
notice as required by the applicable local building code where
1165
the project will be located. If a building code requires no
1166
notice, any person wishing to use a general permit must, at a
1167
minimum, post on the property at least 5 days prior to the
1168
commencement of construction a sign no smaller than 88 square
1169
inches, with letters no smaller than one-quarter inch, describing
1170
the project.
1171
(19)(a)(20)(a) The department may suspend or revoke the use
1172
of a general or areawide permit for good cause, including:
1173
submission of false or inaccurate information in the notification
1174
for use of a general or areawide permit; violation of law,
1175
department orders, or rules relating to permit conditions;
1176
deviation from the specified activity or project indicated or the
1177
conditions for undertaking the activity or project; refusal of
1178
lawful inspection; or any other act by on the permittee
1179
permittee's part in using the general or areawide permit which
1180
results or may result in harm or injury to human health or
1181
welfare, or which causes harm or injury to animal, plant, or
1182
aquatic life or to property.
1183
(b) The department shall have access to the permitted
1184
activity or project at reasonable times to inspect and determine
1185
compliance with the permit and department rules.
1186
(20)(21) The department may is authorized to adopt rules
1187
related to the following provisions of this section:
1188
establishment of coastal construction control lines; activities
1189
seaward of the coastal construction control line; exemptions;
1190
property owner agreements; delegation of the program; permitting
1191
programs; and violations and penalties.
1193
the effective date of the Florida Building Code, the provisions
1194
of this section which pertain to and govern the design,
1195
construction, erection, alteration, modification, repair, and
1196
demolition of public and private buildings, structures, and
1197
facilities shall be incorporated into the Florida Building Code.
1198
The Florida Building Commission may shall have the authority to
1200
administer implement those provisions. This subsection does not
1201
limit or abrogate the right and authority of the department to
1202
require permits or to adopt and enforce environmental standards,
1203
including, but not limited to, standards for ensuring the
1204
protection of the beach-dune system, proposed or existing
1205
structures, adjacent properties, marine turtles, native salt-
1206
resistant vegetation, endangered plant communities, and the
1207
preservation of public beach access.
1208
Section 22. Subsection (2) of section 161.161, Florida
1209
Statutes, is amended to read:
1210
161.161 Procedure for approval of projects.--
1211
(2) Annually Upon approval of the beach management plan,
1212
the secretary shall present to the Legislature President of the
1213
Senate, the Speaker of the House of Representatives, and the
1214
chairs of the legislative appropriations committees
1215
recommendations for funding of beach erosion control projects
1216
prioritized according to the. Such recommendations shall be
1217
presented to such members of the Legislature in the priority
1218
order specified in the plan and established pursuant to criteria
1219
established contained in s. 161.101(14).
1220
Section 23. Section 163.2526, Florida Statutes, is
1221
repealed.
1222
Section 24. Subsection (2) of section 163.3167, Florida
1223
Statutes, is amended to read:
1224
163.3167 Scope of act.--
1225
(2) Each local government shall prepare a comprehensive
1226
plan of the type and in the manner set out in this part act or
1227
shall prepare amendments to its existing comprehensive plan to
1228
conform it to the requirements of this part in the manner set out
1229
in this part. Each local government, in accordance with the
1230
procedures in s. 163.3184, shall submit its complete proposed
1231
comprehensive plan or its complete comprehensive plan as proposed
1232
to be amended to the state land planning agency by the date
1233
specified in the rule adopted by the state land planning agency
1234
pursuant to this subsection. The state land planning agency
1235
shall, prior to October 1, 1987, adopt a schedule of local
1236
governments required to submit complete proposed comprehensive
1237
plans or comprehensive plans as proposed to be amended. Such
1238
schedule shall specify the exact date of submission for each
1239
local government, shall establish equal, staggered submission
1240
dates, and shall be consistent with the following time periods:
1241
(a) Beginning on July 1, 1988, and on or before July 1,
1242
1990, each county that is required to include a coastal
1243
management element in its comprehensive plan and each
1244
municipality in such a county; and
1245
(b) Beginning on July 1, 1989, and on or before July 1,
1246
1991, all other counties or municipalities.
1247
1248
Nothing herein shall preclude the state land planning agency from
1249
permitting by rule a county together with each municipality in
1250
the county from submitting a proposed comprehensive plan earlier
1251
than the dates established in paragraphs (a) and (b). Any county
1252
or municipality that fails to meet the schedule set for
1253
submission of its proposed comprehensive plan by more than 90
1254
days shall be subject to the sanctions described in s.
1255
163.3184(11)(a) imposed by the Administration Commission.
1256
Notwithstanding the time periods established in this subsection,
1257
the state land planning agency may establish later deadlines for
1258
the submission of proposed comprehensive plans or comprehensive
1259
plans as proposed to be amended for a county or municipality
1260
which has all or a part of a designated area of critical state
1261
concern within its boundaries; however, such deadlines shall not
1262
be extended to a date later than July 1, 1991, or the time of de-
1263
designation, whichever is earlier.
1264
Section 25. Paragraph (h) of subsection (6) and paragraph
1265
(k) of subsection (10) of section 163.3177, Florida Statutes, are
1266
amended to read:
1267
163.3177 Required and optional elements of comprehensive
1268
plan; studies and surveys.--
1269
(6) In addition to the requirements of subsections (1)-(5)
1270
and (12), the comprehensive plan shall include the following
1271
elements:
1272
(h)1. An intergovernmental coordination element showing
1273
relationships and stating principles and guidelines to be used in
1274
coordinating the accomplishment of coordination of the adopted
1275
comprehensive plan with the plans of school boards, regional
1276
water supply authorities, and other units of local government
1277
providing services but not having regulatory authority over the
1278
use of land, with the comprehensive plans of adjacent
1279
municipalities, the county, adjacent counties, or the region,
1280
with the state comprehensive plan and with the applicable
1281
regional water supply plan approved pursuant to s. 373.0361, as
1282
the case may require and as such adopted plans or plans in
1283
preparation may exist. This element of the local comprehensive
1284
plan must shall demonstrate consideration of the particular
1285
effects of the local plan, when adopted, upon the development of
1286
adjacent municipalities, the county, adjacent counties, or the
1287
region, or upon the state comprehensive plan, as the case may
1288
require.
1289
a. The intergovernmental coordination element shall provide
1290
for procedures for identifying and implementing to identify and
1291
implement joint planning areas, especially for the purpose of
1292
annexation, municipal incorporation, and joint infrastructure
1293
service areas.
1294
b. The intergovernmental coordination element must shall
1295
provide for recognition of campus master plans prepared pursuant
1296
to s. 1013.30.
1297
c. The intergovernmental coordination element may provide
1298
for a voluntary dispute resolution process, as established
1299
pursuant to s. 186.509, for bringing to closure in a timely
1300
manner intergovernmental disputes to closure in a timely manner.
1301
A local government may also develop and use an alternative local
1302
dispute resolution process for this purpose.
1303
2. The intergovernmental coordination element shall also
1304
further state principles and guidelines to be used in
1305
coordinating the accomplishment of coordination of the adopted
1306
comprehensive plan with the plans of school boards and other
1307
units of local government providing facilities and services but
1308
not having regulatory authority over the use of land. In
1309
addition, the intergovernmental coordination element must shall
1310
describe joint processes for collaborative planning and
1311
decisionmaking on population projections and public school
1312
siting, the location and extension of public facilities subject
1313
to concurrency, and siting facilities with countywide
1314
significance, including locally unwanted land uses whose nature
1315
and identity are established in an agreement. Within 1 year of
1316
adopting their intergovernmental coordination elements, each
1317
county, all the municipalities within that county, the district
1318
school board, and any unit of local government service providers
1319
in that county shall establish by interlocal or other formal
1320
agreement executed by all affected entities, the joint processes
1321
described in this subparagraph consistent with their adopted
1322
intergovernmental coordination elements.
1323
3. To foster coordination between special districts and
1324
local general-purpose governments as local general-purpose
1325
governments implement local comprehensive plans, each independent
1326
special district must submit a public facilities report to the
1327
appropriate local government as required by s. 189.415.
1328
4.a. Local governments must execute an interlocal agreement
1329
with the district school board, the county, and nonexempt
1330
municipalities pursuant to s. 163.31777. The local government
1331
shall amend the intergovernmental coordination element to provide
1332
that coordination between the local government and school board
1333
is pursuant to the agreement and shall state the obligations of
1334
the local government under the agreement.
1335
b. Plan amendments that comply with this subparagraph are
1336
exempt from the provisions of s. 163.3187(1).
1337
5. The state land planning agency shall establish a
1338
schedule for phased completion and transmittal of plan amendments
1339
to implement subparagraphs 1., 2., and 3. from all jurisdictions
1340
so as to accomplish their adoption by December 31, 1999. A local
1341
government may complete and transmit its plan amendments to carry
1342
out these provisions prior to the scheduled date established by
1343
the state land planning agency. The plan amendments are exempt
1344
from the provisions of s. 163.3187(1).
1345
5.6. By January 1, 2004, any county having a population
1346
greater than 100,000, and the municipalities and special
1347
districts within that county, shall submit a report to the
1348
Department of Community Affairs which identifies:
1349
a. Identifies All existing or proposed interlocal service
1350
delivery agreements relating to regarding the following:
1351
education; sanitary sewer; public safety; solid waste; drainage;
1352
potable water; parks and recreation; and transportation
1353
facilities.
1354
b. Identifies Any deficits or duplication in the provision
1355
of services within its jurisdiction, whether capital or
1356
operational. Upon request, the Department of Community Affairs
1357
shall provide technical assistance to the local governments in
1358
identifying deficits or duplication.
1359
6.7. Within 6 months after submission of the report, the
1360
Department of Community Affairs shall, through the appropriate
1361
regional planning council, coordinate a meeting of all local
1362
governments within the regional planning area to discuss the
1363
reports and potential strategies to remedy any identified
1364
deficiencies or duplications.
1365
7.8. Each local government shall update its
1366
intergovernmental coordination element based upon the findings in
1367
the report submitted pursuant to subparagraph 5. 6. The report
1368
may be used as supporting data and analysis for the
1369
intergovernmental coordination element.
1370
(10) The Legislature recognizes the importance and
1371
significance of chapter 9J-5, Florida Administrative Code, the
1372
Minimum Criteria for Review of Local Government Comprehensive
1373
Plans and Determination of Compliance of the Department of
1374
Community Affairs that will be used to determine the compliance
1375
of local comprehensive plans. The Legislature reserved unto
1376
itself the right to review chapter 9J-5, Florida Administrative
1377
Code, and to reject, modify, or take no action relative to this
1378
rule. Therefore, pursuant to subsection (9), the Legislature
1379
hereby has reviewed chapter 9J-5, Florida Administrative Code,
1380
and expresses the following legislative intent:
1381
(k) In order for So that local governments are able to
1382
prepare and adopt comprehensive plans with knowledge of the rules
1383
that are will be applied to determine consistency of the plans
1384
with provisions of this part, it is the intent of the Legislature
1385
that there should be no doubt as to the legal standing of chapter
1386
9J-5, Florida Administrative Code, at the close of the 1986
1387
legislative session. Therefore, the Legislature declares that
1388
changes made to chapter 9J-5, Florida Administrative Code, prior
1389
to October 1, 1986, are shall not be subject to rule challenges
1390
under s. 120.56(2), or to drawout proceedings under s.
1391
120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative
1392
Code, as amended, shall be subject to rule challenges under s.
1393
120.56(3), as nothing herein indicates shall be construed to
1394
indicate approval or disapproval of any portion of chapter 9J-5,
1395
Florida Administrative Code, not specifically addressed herein.
1396
No challenge pursuant to s. 120.56(3) may be filed from July 1,
1397
1987, through April 1, 1993. Any amendments to chapter 9J-5,
1398
Florida Administrative Code, exclusive of the amendments adopted
1399
prior to October 1, 1986, pursuant to this act, shall be subject
1400
to the full chapter 120 process. All amendments shall have
1401
effective dates as provided in chapter 120 and submission to the
1402
President of the Senate and Speaker of the House of
1403
Representatives shall not be required.
1404
Section 26. Subsection (6) of section 163.3178, Florida
1405
Statutes, is amended to read:
1406
163.3178 Coastal management.--
1407
(6) Local governments are encouraged to adopt countywide
1408
marina siting plans to designate sites for existing and future
1409
marinas. The Coastal Resources Interagency Management Committee,
1410
at the direction of the Legislature, shall identify incentives to
1411
encourage local governments to adopt such siting plans and
1412
uniform criteria and standards to be used by local governments to
1413
implement state goals, objectives, and policies relating to
1414
marina siting. These criteria must ensure that priority is given
1415
to water-dependent land uses. The Coastal Resources Interagency
1416
Management Committee shall submit its recommendations regarding
1417
local government incentives to the Legislature by December 1,
1418
1993. Countywide marina siting plans must be consistent with
1419
state and regional environmental planning policies and standards.
1420
Each local government in the coastal area which participates in
1421
adoption of a countywide marina siting plan shall incorporate the
1422
plan into the coastal management element of its local
1423
comprehensive plan.
1424
Section 27. Subsection (12) of section 163.519, Florida
1425
Statutes, is repealed.
1426
Section 28. Subsection (9) of section 186.007, Florida
1427
Statutes, is repealed.
1428
Section 29. Subsection (5) of section 189.4035, Florida
1429
Statutes, is amended to read:
1430
189.4035 Preparation of official list of special
1431
districts.--
1432
(5) The official list of special districts shall be
1433
available on the department's website distributed by the
1434
department on October 1 of each year to the President of the
1435
Senate, the Speaker of the House of Representatives, the Auditor
1436
General, the Department of Revenue, the Department of Financial
1437
Services, the Department of Management Services, the State Board
1438
of Administration, counties, municipalities, county property
1439
appraisers, tax collectors, and supervisors of elections and to
1440
all interested parties who request the list.
1441
Section 30. Subsection (2) of section 189.412, Florida
1442
Statutes, is amended to read:
1443
189.412 Special District Information Program; duties and
1444
responsibilities.--The Special District Information Program of
1445
the Department of Community Affairs is created and has the
1446
following special duties:
1447
(2) The maintenance of a master list of independent and
1448
dependent special districts which shall be available on the
1449
department's website annually updated and distributed to the
1450
appropriate officials in state and local governments.
1451
Section 31. Subsection (2) of section 194.034, Florida
1452
Statutes, is amended to read:
1453
194.034 Hearing procedures; rules.--
1454
(2) In each case, Except when a complaint is withdrawn by
1455
the petitioner or is acknowledged as correct by the property
1456
appraiser, the value adjustment board shall render a written
1457
decision in each case. All such decisions shall be issued within
1458
20 calendar days after of the last day the board is in session
1459
under s. 194.032. The decision of the board must shall contain
1460
findings of fact and conclusions of law and must shall include
1461
reasons for upholding or overturning the determination of the
1462
property appraiser. If When a special magistrate has been
1463
appointed, the recommendations of the special magistrate shall be
1464
considered by the board. The clerk, Upon issuance of the board's
1465
decisions, the clerk shall, on a form provided by the Department
1466
of Revenue, notify by first-class mail each taxpayer and, the
1467
property appraiser, and the department of the decision of the
1468
board.
1469
Section 32. Paragraph (b) of subsection (1) of section
1470
206.606, Florida Statutes, is amended to read:
1471
206.606 Distribution of certain proceeds.--
1472
(1) Moneys collected pursuant to ss. 206.41(1)(g) and
1473
206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
1474
Fund. Such moneys, after deducting the service charges imposed
1476
administrative costs incurred by the department in collecting,
1477
administering, enforcing, and distributing the tax, which
1478
administrative costs may not exceed 2 percent of collections,
1479
shall be distributed monthly to the State Transportation Trust
1480
Fund, except that:
1481
(b) Annually $2.5 million shall be transferred to the State
1482
Game Trust Fund in the Fish and Wildlife Conservation Commission
1483
in each fiscal year and used for recreational boating activities,
1484
and freshwater fisheries management and research. The transfers
1485
must be made in equal monthly amounts beginning on July 1 of each
1486
fiscal year. The commission shall annually determine where unmet
1487
needs exist for boating-related activities, and may fund such
1488
activities in counties where, due to the number of vessel
1489
registrations, sufficient financial resources are unavailable.
1490
1. A minimum of $1.25 million shall be used to fund local
1491
projects to provide recreational channel marking and other
1492
uniform waterway markers, public boat ramps, lifts, and hoists,
1493
marine railways, and other public launching facilities, derelict
1494
vessel removal, and other local boating-related activities. In
1495
funding the projects, the commission shall give priority
1496
consideration as follows:
1497
a. Unmet needs in counties with populations of 100,000 or
1498
less.
1499
b. Unmet needs in coastal counties with a high level of
1500
boating-related activities from individuals residing in other
1501
counties.
1502
2. The remaining $1.25 million may be used for recreational
1503
boating activities and freshwater fisheries management and
1504
research.
1505
3. The commission may is authorized to adopt rules pursuant
1507
Boating Improvement Program.
1508
1509
On February 1 of each year, The commission shall prepare and
1510
make available on its Internet website file an annual report with
1511
the President of the Senate and the Speaker of the House of
1512
Representatives outlining the status of its Florida Boating
1513
Improvement Program, including the projects funded, and a list of
1514
counties whose needs are unmet due to insufficient financial
1515
resources from vessel registration fees.
1516
Section 33. Paragraph (b) of subsection (4) of section
1517
212.054, Florida Statutes, is amended to read:
1518
212.054 Discretionary sales surtax; limitations,
1519
administration, and collection.--
1520
(4)
1521
(b) The proceeds of a discretionary sales surtax collected
1522
by the selling dealer located in a county that which imposes the
1523
surtax shall be returned, less the cost of administration, to the
1524
county where the selling dealer is located. The proceeds shall be
1525
transferred to the Discretionary Sales Surtax Clearing Trust
1526
Fund. A separate account shall be established in the such trust
1527
fund for each county imposing a discretionary surtax. The amount
1528
deducted for the costs of administration may shall not exceed 3
1529
percent of the total revenue generated for all counties levying a
1530
surtax authorized in s. 212.055. The amount deducted for the
1531
costs of administration may shall be used only for those costs
1532
which are solely and directly attributable to the surtax. The
1533
total cost of administration shall be prorated among those
1534
counties levying the surtax on the basis of the amount collected
1535
for a particular county to the total amount collected for all
1536
counties. No later than March 1 of each year, the department
1537
shall submit a written report which details the expenses and
1538
amounts deducted for the costs of administration to the President
1539
of the Senate, the Speaker of the House of Representatives, and
1540
the governing authority of each county levying a surtax. The
1541
department shall distribute the moneys in the trust fund each
1542
month to the appropriate counties each month, unless otherwise
1543
provided in s. 212.055.
1544
Section 34. Paragraph (j) of subsection (5) of section
1545
212.08, Florida Statutes, is amended to read:
1546
212.08 Sales, rental, use, consumption, distribution, and
1547
storage tax; specified exemptions.--The sale at retail, the
1548
rental, the use, the consumption, the distribution, and the
1549
storage to be used or consumed in this state of the following are
1550
hereby specifically exempt from the tax imposed by this chapter.
1551
(5) EXEMPTIONS; ACCOUNT OF USE.--
1552
(j) Machinery and equipment used in semiconductor, defense,
1553
or space technology production.--
1554
1.a. Industrial machinery and equipment used in
1555
semiconductor technology facilities certified under subparagraph
1556
5. to manufacture, process, compound, or produce semiconductor
1557
technology products for sale or for use by these facilities are
1558
exempt from the tax imposed by this chapter. For purposes of this
1559
paragraph, industrial machinery and equipment includes molds,
1560
dies, machine tooling, other appurtenances or accessories to
1561
machinery and equipment, testing equipment, test beds, computers,
1562
and software, whether purchased or self-fabricated, and, if self-
1563
fabricated, includes materials and labor for design, fabrication,
1564
and assembly.
1565
b. Industrial machinery and equipment used in defense or
1566
space technology facilities certified under subparagraph 5. to
1567
design, manufacture, assemble, process, compound, or produce
1568
defense technology products or space technology products for sale
1569
or for use by these facilities are exempt from the tax imposed by
1570
this chapter.
1571
2. Building materials purchased for use in manufacturing or
1572
expanding clean rooms in semiconductor-manufacturing facilities
1573
are exempt from the tax imposed by this chapter.
1574
3. In addition to meeting the criteria mandated by
1575
subparagraph 1. or subparagraph 2., a business must be certified
1576
by the Office of Tourism, Trade, and Economic Development as
1577
authorized in this paragraph in order to qualify for exemption
1578
under this paragraph.
1579
4. For items purchased tax-exempt pursuant to this
1580
paragraph, possession of a written certification from the
1581
purchaser, certifying the purchaser's entitlement to the
1582
exemption pursuant to this paragraph, relieves the seller of the
1583
responsibility of collecting the tax on the sale of such items,
1584
and the department shall look solely to the purchaser for
1585
recovery of tax if it determines that the purchaser was not
1586
entitled to the exemption.
1587
5.a. To be eligible to receive the exemption provided by
1588
subparagraph 1. or subparagraph 2., a qualifying business entity
1589
shall apply initially apply to Enterprise Florida, Inc. The
1590
original certification is shall be valid for a period of 2 years.
1591
In lieu of submitting a new application, the original
1592
certification may be renewed biennially by submitting to the
1593
Office of Tourism, Trade, and Economic Development a statement,
1594
certified under oath, that there has been no material change in
1595
the conditions or circumstances entitling the business entity to
1596
the original certification. The initial application and the
1597
certification renewal statement shall be developed by the Office
1598
of Tourism, Trade, and Economic Development in consultation with
1599
Enterprise Florida, Inc.
1600
b. Enterprise Florida, Inc., shall review each submitted
1601
initial application and information and determine whether or not
1602
the application is complete within 5 working days. Once an
1603
application is complete, Enterprise Florida, Inc., shall, within
1604
10 working days, evaluate the application and recommend approval
1605
or disapproval of the application to the Office of Tourism,
1606
Trade, and Economic Development.
1607
c. Upon receipt of the initial application and
1608
recommendation from Enterprise Florida, Inc., or upon receipt of
1609
a certification renewal statement, the Office of Tourism, Trade,
1610
and Economic Development shall certify within 5 working days
1611
those applicants who are found to meet the requirements of this
1612
section and notify the applicant, Enterprise Florida, Inc., and
1613
the department of the original certification or certification
1614
renewal. If the Office of Tourism, Trade, and Economic
1615
Development finds that the applicant does not meet the
1616
requirements of this section, it shall notify the applicant and
1617
Enterprise Florida, Inc., within 10 working days that the
1618
application for certification has been denied and the reasons for
1619
denial. The Office of Tourism, Trade, and Economic Development
1620
has final approval authority for certification under this
1621
section.
1622
d. The initial application and certification renewal
1623
statement must indicate, for program evaluation purposes only,
1624
the average number of full-time equivalent employees at the
1625
facility over the preceding calendar year, the average wage and
1626
benefits paid to those employees over the preceding calendar
1627
year, the total investment made in real and tangible personal
1628
property over the preceding calendar year, and the total value of
1629
tax-exempt purchases and taxes exempted during the previous year.
1630
The department shall assist the Office of Tourism, Trade, and
1631
Economic Development in evaluating and verifying information
1632
provided in the application for exemption.
1633
e. The Office of Tourism, Trade, and Economic Development
1634
may use the information reported on the initial application and
1635
certification renewal statement for evaluation purposes only and
1636
shall prepare an annual report on the exemption program and its
1637
cost and impact. The annual report for the preceding fiscal year
1638
shall be submitted to the Governor, the President of the Senate,
1639
and the Speaker of the House of Representatives by September 30
1640
of each fiscal year.
1641
6. A business certified to receive this exemption may elect
1642
to designate one or more state universities or community colleges
1643
as recipients of up to 100 percent of the amount of the exemption
1644
for which they may qualify. To receive these funds, the
1645
institution must agree to match the funds so earned with
1646
equivalent cash, programs, services, or other in-kind support on
1647
a one-to-one basis for in the pursuit of research and development
1648
projects as requested by the certified business. The rights to
1649
any patents, royalties, or real or intellectual property must be
1650
vested in the business unless otherwise agreed to by the business
1651
and the university or community college.
1652
7. As used in this paragraph, the term:
1653
a. "Semiconductor technology products" means raw
1654
semiconductor wafers or semiconductor thin films that are
1655
transformed into semiconductor memory or logic wafers, including
1656
wafers containing mixed memory and logic circuits; related
1657
assembly and test operations; active-matrix flat panel displays;
1658
semiconductor chips; semiconductor lasers; optoelectronic
1659
elements; and related semiconductor technology products as
1660
determined by the Office of Tourism, Trade, and Economic
1661
Development.
1662
b. "Clean rooms" means manufacturing facilities enclosed in
1663
a manner that meets the clean manufacturing requirements
1664
necessary for high-technology semiconductor-manufacturing
1665
environments.
1666
c. "Defense technology products" means products that have a
1667
military application, including, but not limited to, weapons,
1668
weapons systems, guidance systems, surveillance systems,
1669
communications or information systems, munitions, aircraft,
1670
vessels, or boats, or components thereof, which are intended for
1671
military use and manufactured in performance of a contract with
1672
the United States Department of Defense or the military branch of
1673
a recognized foreign government or a subcontract thereunder which
1674
relates to matters of national defense.
1675
d. "Space technology products" means products that are
1676
specifically designed or manufactured for application in space
1677
activities, including, but not limited to, space launch vehicles,
1678
space flight vehicles, missiles, satellites or research payloads,
1679
avionics, and associated control systems and processing systems
1680
and components of any of the foregoing. The term does not include
1681
products that are designed or manufactured for general commercial
1682
aviation or other uses even though those products may also serve
1683
an incidental use in space applications.
1684
Section 35. Section 213.0452, Florida Statutes, is
1685
repealed.
1686
Section 36. Section 213.054, Florida Statutes, is repealed.
1687
Section 37. Subsection (3) of section 215.70, Florida
1688
Statutes, is amended to read:
1689
215.70 State Board of Administration to act in case of
1690
defaults.--
1691
(3) It shall be the duty of the State Board of
1692
Administration to monitor the debt service accounts for bonds
1693
issued pursuant to this act. The board shall advise the Governor
1694
and Legislature of any projected need to appropriate funds to
1695
honor the pledge of full faith and credit of the state. The
1696
report shall include the estimated amount of appropriations
1697
needed, the estimated maximum amount of appropriations needed,
1698
and a contingency appropriation request for each bond issue.
1699
Section 38. Paragraph (z) of subsection (1) of section
1700
216.011, Florida Statutes, is amended to read:
1701
216.011 Definitions.--
1702
(1) For the purpose of fiscal affairs of the state,
1703
appropriations acts, legislative budgets, and approved budgets,
1704
each of the following terms has the meaning indicated:
1705
(z) "Long-range program plan" means a plan developed
1706
pursuant to s. 216.013 on an annual basis by each state agency
1707
that is policy based, priority driven, accountable, and developed
1708
through careful examination and justification of all programs and
1709
their associated costs. Each plan is developed by examining the
1710
needs of agency customers and clients and proposing programs and
1711
associated costs to address those needs based on state priorities
1712
as established by law, the agency mission, and legislative
1713
authorization. The plan provides the framework and context for
1714
preparing the legislative budget request and includes performance
1715
indicators for evaluating the impact of programs and agency
1716
performance.
1717
Section 39. Section 216.103, Florida Statutes, is repealed.
1718
Section 40. Section 216.172, Florida Statutes, is repealed.
1719
Section 41. Paragraph (c) of subsection (10) of section
1720
216.181, Florida Statutes, is repealed.
1721
Section 42. Subsection (5) of section 252.55, Florida
1722
Statutes, is amended to read:
1723
252.55 Civil Air Patrol, Florida Wing.--
1724
(5) The wing commander of the Florida Wing of the Civil Air
1725
Patrol shall biennially furnish the Bureau of Emergency
1726
Management a 2-year an annual projection of the goals and
1727
objectives of the Civil Air Patrol for the following year. These
1728
will be reported to the Governor in the division's biennial
1729
annual report submitted pursuant to s. 252.35 of the division on
1730
February 1 of each year.
1731
Section 43. Subsection (1) of section 253.7825, Florida
1732
Statutes, is amended to read:
1733
253.7825 Recreational uses.--
1734
(1) The Cross Florida Greenways State Recreation and
1735
Conservation Area must be managed as a multiple-use area pursuant
1736
to s. 253.034(2)(a), and as further provided herein. The
1737
University of Florida Management Plan provides a conceptual
1738
recreational plan that may ultimately be developed at various
1739
locations throughout the greenways corridor. The plan proposes to
1740
locate a number of the larger, more comprehensive and complex
1741
recreational facilities in sensitive, natural resource areas.
1742
Future site-specific studies and investigations must be conducted
1743
by the department to determine compatibility with, and potential
1744
for adverse impact to, existing natural resources, need for the
1745
facility, the availability of other alternative locations with
1746
reduced adverse impacts to existing natural resources, and the
1747
proper specific sites and locations for the more comprehensive
1748
and complex facilities. Furthermore, it is appropriate, with the
1749
approval of the department, to allow more fishing docks, boat
1750
launches, and other user-oriented facilities to be developed and
1751
maintained by local governments.
1752
Section 44. Section 253.7826, Florida Statutes, is
1753
repealed.
1754
Section 45. Section 253.7829, Florida Statutes, is
1755
repealed.
1756
Section 46. Subsection (4) of section 259.037, Florida
1757
Statutes, is amended to read:
1758
259.037 Land Management Uniform Accounting Council.--
1759
(4) The council shall provide a report of the agencies'
1760
expenditures pursuant to the adopted categories to the President
1761
of the Senate and the Speaker of the House of Representatives
1762
annually, beginning July 1, 2001. The council shall also provide
1763
this report to the Acquisition and Restoration Council for
1764
inclusion in its annual report required pursuant to s. 259.105.
1765
Section 47. Subsection (4) of section 267.074, Florida
1766
Statutes, is repealed.
1767
Section 48. Section 272.121, Florida Statutes, is repealed.
1768
Section 49. Subsection (3) of section 284.50, Florida
1769
Statutes, is repealed.
1770
Section 50. Subsection (11) of section 287.045, Florida
1771
Statutes, is repealed.
1772
Section 51. Subsection (15) of section 287.059, Florida
1773
Statutes, is amended to read:
1774
287.059 Private attorney services.--
1775
(15) The Attorney General's office may, by rule, adopt
1776
standard fee schedules for court reporting services for each
1777
judicial circuit by rule in consultation with the Florida Court
1778
Reporters Association. Agencies, When contracting for court
1779
reporting services, agencies shall must use the standard fee
1780
schedule for court reporting services established pursuant to
1781
this section, provided no state contract is applicable or unless
1782
the head of the agency or his or her designee waives use of the
1783
schedule and sets forth the reasons for deviating from the
1784
schedule in writing to the Attorney General. Such waiver must
1785
demonstrate necessity based upon criteria for deviation from the
1786
schedule which the Attorney General shall establish by rule. Any
1787
proposed fee schedule under this section shall be submitted to
1788
the Governor, the Speaker of the House of Representatives, the
1789
President of the Senate, and the Chief Justice of the Florida
1790
Supreme Court at least 60 days prior to publication of the notice
1791
to adopt the rule.
1792
Section 52. Subsection (10) of section 287.16, Florida
1793
Statutes, is repealed.
1794
Section 53. Paragraph (d) of subsection (6) of section
1795
288.1045, Florida Statutes, is repealed.
1796
Section 54. Subsection (7) of section 288.108, Florida
1797
Statutes, is repealed.
1798
Section 55. Section 288.1185, Florida Statutes, is
1799
repealed.
1800
Section 56. Subsection (6) of section 288.1226, Florida
1801
Statutes, is amended to read:
1802
288.1226 Florida Tourism Industry Marketing Corporation;
1803
use of property; board of directors; duties; audit.--
1804
(6) ANNUAL AUDIT.--The corporation shall provide for an
1805
annual financial audit in accordance with s. 215.981. The annual
1806
audit report shall be submitted to the Auditor General; the
1807
Office of Policy Analysis and Government Accountability; and the
1808
Office of Tourism, Trade, and Economic Development for review.
1809
The Office of Program Policy Analysis and Government
1810
Accountability; the Office of Tourism, Trade, and Economic
1811
Development; and the Auditor General may have the authority to
1812
require and receive from the corporation or from its independent
1813
auditor any detail or supplemental data relative to the operation
1814
of the corporation. The Office of Tourism, Trade, and Economic
1815
Development shall annually certify whether the corporation is
1816
operating in a manner and achieving the objectives that are
1817
consistent with the policies and goals of the commission and its
1818
long-range marketing plan. The identity of a donor or prospective
1819
donor to the corporation who desires to remain anonymous and all
1820
information identifying such donor or prospective donor are
1821
confidential and exempt from the provisions of s. 119.07(1) and
1822
s. 24(a), Art. I of the State Constitution. Such anonymity shall
1823
be maintained in the auditor's report.
1824
Section 57. Paragraph (e) of subsection (8) of section
1825
288.1229, Florida Statutes, is amended to read:
1826
288.1229 Promotion and development of sports-related
1827
industries and amateur athletics; direct-support organization;
1828
powers and duties.--
1829
(8) To promote amateur sports and physical fitness, the
1830
direct-support organization shall:
1831
(e) Promote Florida as a host for national and
1832
international amateur athletic competitions. As part of this
1833
effort, the direct-support organization shall:
1834
1. Assist and support Florida cities or communities bidding
1835
or seeking to host the Summer Olympics or Pan American Games.
1836
2. Annually report to the Governor, the President of the
1837
Senate, and the Speaker of the House of Representatives on the
1838
status of the efforts of cities or communities bidding to host
1839
the Summer Olympics or Pan American Games, including, but not
1840
limited to, current financial and infrastructure status,
1841
projected financial and infrastructure needs, and recommendations
1842
for satisfying the unmet needs and fulfilling the requirements
1843
for a successful bid in any year that the Summer Olympics or Pan
1844
American Games are held in this state.
1845
Section 58. Subsection (4) of section 288.7015, Florida
1846
Statutes, is repealed.
1847
Section 59. Section 288.7771, Florida Statutes, is amended
1848
to read:
1849
288.7771 Annual report of Florida Export Finance
1850
Corporation.--By March 31 of each year, The corporation shall
1851
annually prepare and submit to Enterprise Florida, Inc., for
1852
inclusion in their annual report required by s. 288.095 the
1853
Governor, the President of the Senate, the Speaker of the House
1854
of Representatives, the Senate Minority Leader, and the House
1855
Minority Leader a complete and detailed report setting forth:
1856
(1) The report required in s. 288.776(3).
1857
(2) Its assets and liabilities at the end of its most
1858
recent fiscal year.
1859
Section 60. Subsections (8), (10), and (11) of section
1860
288.8175, Florida Statutes, are repealed.
1861
Section 61. Subsection (5) of section 288.853, Florida
1862
Statutes, is repealed.
1863
Section 62. Subsection (5) of section 288.95155, Florida
1864
Statutes, is amended to read:
1865
288.95155 Florida Small Business Technology Growth
1866
Program.--
1867
(5) By January 1 of each year, Enterprise Florida, Inc.,
1868
shall prepare and include in their annual report required by s.
1869
288.095 a report on the financial status of the program and the
1870
account and shall submit a copy of the report to the board of
1871
directors of Enterprise Florida, Inc., the appropriate
1872
legislative committees responsible for economic development
1873
oversight, and the appropriate legislative appropriations
1874
subcommittees. The report must shall specify the assets and
1875
liabilities of the account within the current fiscal year and
1876
must shall include a portfolio update that lists all of the
1877
businesses assisted, the private dollars leveraged by each
1878
business assisted, and the growth in sales and in employment of
1879
each business assisted.
1880
Section 63. Paragraph (c) of subsection (4) of section
1881
288.9604, Florida Statutes, is amended to read:
1882
288.9604 Creation of the authority.--
1883
(4)
1884
(c) The directors of the corporation shall annually elect
1885
one of their members as chair and one as vice chair. The
1886
corporation may employ a president, technical experts, and such
1887
other agents and employees, permanent and temporary, as it
1888
requires and determine their qualifications, duties, and
1889
compensation. For such legal services as it requires, the
1890
corporation may employ or retain its own counsel and legal staff.
1891
The corporation shall file with the governing body of each
1892
public agency with which it has entered into an interlocal
1893
agreement and with the Governor, the Speaker of the House of
1894
Representatives, the President of the Senate, the Minority
1895
Leaders of the Senate and House of Representatives, and the
1896
Auditor General, on or before 90 days after the close of the
1897
fiscal year of the corporation, a report of its activities for
1898
the preceding fiscal year, which report shall include a complete
1899
financial statement setting forth its assets, liabilities,
1900
income, and operating expenses as of the end of such fiscal year.
1901
Section 64. Section 288.9610, Florida Statutes, is amended
1902
to read:
1903
288.9610 Annual reports of Florida Development Finance
1904
Corporation.--On or before 90 days after the close of By December
1905
1 of each year, the Florida Development Finance Corporation's
1906
fiscal year, the corporation shall submit to the Governor, the
1907
Legislature President of the Senate, the Speaker of the House of
1908
Representatives, the Senate Minority Leader, the House Minority
1909
Leader, the Auditor General, and the governing body of each
1910
public entity with which it has entered into an interlocal
1911
agreement city or county activating the Florida Development
1912
Finance Corporation a complete and detailed report setting forth:
1913
(1) The results of any audit conducted pursuant to s. 11.45
1914
evaluation required in s. 11.45(3)(j).
1915
(2) The activities, operations, and accomplishments of the
1916
Florida Development Finance Corporation, including the number of
1917
businesses assisted by the corporation.
1918
(3) Its assets, and liabilities, income, and operating
1919
expenses at the end of its most recent fiscal year, including a
1920
description of all of its outstanding revenue bonds.
1921
Section 65. Subsection (3) of section 292.04, Florida
1922
Statutes, is amended to read:
1923
292.04 Florida Commission on Veterans' Affairs.--
1924
(3)(a) It is the duty of the commission to conduct a
1925
biennial survey of possible contributions that veterans or state
1926
organizations of veterans and their auxiliaries could make to the
1927
state and to report the results of the survey to the department
1928
together with recommendations for encouraging such contributions.
1929
(b) The commission shall work with the various veterans'
1930
organizations and their auxiliaries within the state and shall
1931
function as a liaison between such organizations and the
1932
department on matters pertaining to veterans.
1933
Section 66. Subsection (6) of section 292.05, Florida
1934
Statutes, is amended to read:
1935
292.05 Duties of Department of Veterans' Affairs.--
1936
(6) The department shall, by on December 31 of each year,
1937
submit make an annual written report to the Governor, the
1938
Cabinet, and the Legislature which describes:
1939
(a) of the state, the Speaker of the House of
1940
Representatives, and the President of the Senate, which report
1941
shall show The expenses incurred in veteran service work in the
1942
state; the number, nature, and kind of cases handled by the
1943
department and by county and city veteran service officers of the
1944
state; the amounts of benefits obtained for veterans; the names
1945
and addresses of all certified veteran service officers,
1946
including county and city veteran service officers. The report
1947
must shall also describe the actions taken by the department in
1948
implementing subsections (4), (5), and (7) and include shall
1949
contain such other information and recommendations as may appear
1950
to the department to be right and proper.
1951
(b) The current status of the department's domiciliary and
1952
nursing homes established pursuant to chapter 296, including all
1953
receipts and expenditures, the condition of the homes, the number
1954
of residents received and discharged during the preceding year,
1955
occupancy rates, staffing, and any other information necessary to
1956
provide an understanding of the management, conduct, and
1957
operation of the homes.
1958
Section 67. Section 296.16, Florida Statutes, is repealed.
1959
Section 68. Section 296.39, Florida Statutes, is repealed.
1960
Section 69. Paragraph (c) of subsection (12) of section
1961
315.03, Florida Statutes, is repealed.
1962
Section 70. Subsection (2) of section 319.324, Florida
1963
Statutes, is amended to read:
1964
319.324 Odometer fraud prevention and detection; funding.--
1965
(2) Moneys deposited into the Highway Safety Operating
1966
Trust Fund under this section shall be used to implement and
1967
maintain efforts by the department to prevent and detect odometer
1968
fraud, including the prompt investigation of alleged instances of
1969
odometer mileage discrepancies reported by licensed motor vehicle
1970
dealers, auctions, or purchasers of motor vehicles. Such moneys
1971
shall also be used to fund an annual report to the Legislature by
1972
the Department of Highway Safety and Motor Vehicles, summarizing
1973
the department's investigations and findings. In addition, moneys
1974
deposited into the fund may be used by the department for general
1975
operations.
1976
Section 71. Section 322.181, Florida Statutes, is amended
1977
to read:
1978
322.181 Advisory council on the Study of effects of aging
1979
on driving ability; advisory council.--
1980
(1) The Department of Highway Safety and Motor Vehicles
1981
shall study the effects of aging on driving ability. The purpose
1982
of the study is to develop a comprehensive approach to licensing
1983
drivers.
1984
(2) Issues to be studied by the department shall include
1985
the:
1986
(a) Effective and efficient identification of drivers at
1987
risk of being involved in a motor vehicle accident because of
1988
functional limitations that affect their driving ability;
1989
(b) Prevalence and effect of degenerative processes
1990
affecting vision, hearing, mobility, cognitive functions, and
1991
reaction time;
1992
(c) Implementation and effect of the department's vision
1993
screening requirements and examination of new technologies;
1994
(d) Availability and effectiveness of remedial measures
1995
such as skills training, adaptive equipment, physical therapy,
1996
and adjustment of driving practices that will allow people to
1997
drive safely for as long as possible;
1998
(e) Availability of alternative forms of transportation for
1999
people who can no longer safely drive; and
2000
(f) Effectiveness of existing public education initiatives
2001
relating to at-risk drivers.
2002
(3) The department shall report the results of the study to
2003
the President of the Senate and the Speaker of the House of
2004
Representatives by February 1, 2004. The report shall include
2005
findings of the study and recommendations for improving the
2006
safety of at-risk drivers.
2007
(4) The department shall appoint an advisory council to
2008
participate in the study and to advise the department on issues
2009
related to older at-risk drivers on an ongoing basis. The council
2010
shall be known as the Florida At-Risk Driver Council. Members of
2011
the council shall include representatives of organizations
2012
involved with issues facing older drivers including state
2013
agencies, medical professionals, senior citizen advocacy groups,
2014
providers of services to senior citizens, and research entities.
2015
Section 72. Paragraph (c) of subsection (7) of section
2016
322.251, Florida Statutes, is repealed.
2017
Section 73. Subsection (4) of section 366.82, Florida
2018
Statutes, is repealed.
2019
Section 74. Subsection (7) of section 369.22, Florida
2020
Statutes, is amended to read:
2021
369.22 Nonindigenous aquatic plant control.--
2022
(7) The department shall prepare submit an annual report on
2023
the status of the nonindigenous aquatic plant maintenance program
2024
which shall be published on the department's Internet website to
2025
the President of the Senate, the Speaker of the House of
2026
Representatives, and the Governor and Cabinet by January 1 of the
2027
following year. This report shall include a statement of the
2028
degree of maintenance control achieved by individual
2029
nonindigenous aquatic plant species in the intercounty waters of
2030
each of the water management districts for the preceding county
2031
fiscal year, together with an analysis of the costs of achieving
2032
this degree of control. This cost accounting shall include the
2033
expenditures by all governmental agencies in the waters of state
2034
responsibility. If the level of maintenance control achieved
2035
falls short of that which is deemed adequate by the department,
2036
then the report shall include an estimate of the additional
2037
funding that would have been required to achieve this level of
2038
maintenance control. All measures of maintenance program
2039
achievement and the related cost shall be presented by water
2040
management districts so that comparisons may be made among the
2041
water management districts, as well as with the state as a whole.
2042
Section 75. Subsection (8) of section 370.26, Florida
2043
Statutes, is repealed.
2044
Section 76. Subsection (2) of section 372.5712, Florida
2045
Statutes, is amended to read:
2046
372.5712 Florida waterfowl permit revenues.--
2047
(2) The intent of this section is to expand waterfowl
2048
research and management and increase waterfowl populations in the
2049
state without detracting from other programs. The commission
2050
shall prepare and make available on its Internet website an
2051
annual report documenting the use of funds generated under the
2052
provisions of this section, to be submitted to the Governor, the
2053
Speaker of the House of Representatives, and the President of the
2054
Senate on or before September 1 of each year.
2055
Section 77. Subsection (2) of section 372.5715, Florida
2056
Statutes, is amended to read:
2057
372.5715 Florida wild turkey permit revenues.--
2058
(2) The intent of this section is to expand wild turkey
2059
research and management and to increase wild turkey populations
2060
in the state without detracting from other programs. The
2061
commission shall prepare and make available on its Internet
2062
website an annual report documenting the use of funds generated
2063
under the provisions of this section, to be submitted to the
2064
Governor, the Speaker of the House of Representatives, and the
2065
President of the Senate on or before September 1 of each year.
2066
Section 78. Section 372.673, Florida Statutes, is repealed.
2067
Section 79. Section 373.0391, Florida Statutes, is amended
2068
to read:
2069
373.0391 Technical assistance to local governments.--
2070
(1) The water management districts shall assist local
2071
governments in the development and future revision of local
2072
government comprehensive plan elements or public facilities
2073
report as required by s. 189.415, related to water resource
2074
issues.
2075
(2) By July 1, 1991, each water management district shall
2076
prepare and provide information and data to assist local
2077
governments in the preparation and implementation of their local
2078
government comprehensive plans or public facilities report as
2079
required by s. 189.415, whichever is applicable. Such
2080
information and data shall include, but not be limited to:
2081
(a) All information and data required in a public
2082
facilities report pursuant to s. 189.415.
2083
(b) A description of regulations, programs, and schedules
2084
implemented by the district.
2085
(c) Identification of regulations, programs, and schedules
2086
undertaken or proposed by the district to further the State
2087
Comprehensive Plan.
2088
(d) A description of surface water basins, including
2089
regulatory jurisdictions, flood-prone areas, existing and
2090
projected water quality in water management district operated
2091
facilities, as well as surface water runoff characteristics and
2092
topography regarding flood plains, wetlands, and recharge areas.
2093
(e) A description of groundwater characteristics, including
2094
existing and planned wellfield sites, existing and anticipated
2095
cones of influence, highly productive groundwater areas, aquifer
2096
recharge areas, deep well injection zones, contaminated areas, an
2097
assessment of regional water resource needs and sources for the
2098
next 20 years, and water quality.
2099
(f) The identification of existing and potential water
2100
management district land acquisitions.
2101
(g) Information reflecting the minimum flows for surface
2102
watercourses to avoid harm to water resources or the ecosystem
2103
and information reflecting the minimum water levels for aquifers
2104
to avoid harm to water resources or the ecosystem.
2105
Section 80. Subsection (4) of section 373.046, Florida
2106
Statutes, is amended to read:
2107
373.046 Interagency agreements.--
2108
(4) The Legislature recognizes and affirms the division of
2109
responsibilities between the department and the water management
2110
districts as set forth in ss. III. and X. of each of the
2111
operating agreements codified as rules 17-101.040(12)(a)3., 4.,
2112
and 5., Florida Administrative Code. Section IV.A.2.a. of each
2113
operating agreement regarding individual permit oversight is
2114
rescinded. The department shall be responsible for permitting
2115
those activities under part IV of this chapter which, because of
2116
their complexity and magnitude, need to be economically and
2117
efficiently evaluated at the state level, including, but not
2118
limited to, mining, hazardous waste management facilities and
2119
solid waste management facilities that do not qualify for a
2120
general permit under chapter 403. With regard to
2121
postcertification information submittals for activities
2122
authorized under chapters 341 and 403 siting act certifications,
2123
the department, after consultation with the appropriate water
2124
management district and other agencies having applicable
2125
regulatory jurisdiction, shall be responsible for determining the
2126
permittee's compliance with conditions of certification that are
2127
which were based upon the nonprocedural requirements of part IV
2128
of this chapter. The Legislature authorizes The water management
2129
districts and the department may to modify the division of
2130
responsibilities referenced in this section and enter into
2131
further interagency agreements by rulemaking, including
2132
incorporation by reference, pursuant to chapter 120, to provide
2133
for greater efficiency and to avoid duplication in the
2134
administration of part IV of this chapter by designating those
2135
certain activities that which will be regulated by either the
2136
water management districts or the department. In developing such
2137
interagency agreements, the water management districts and the
2138
department should take into consideration the technical and
2139
fiscal ability of each water management district to implement all
2140
or some of the provisions of part IV of this chapter. Nothing
2141
herein rescinds or restricts the authority of the districts to
2142
regulate silviculture and agriculture pursuant to part IV of this
2143
chapter or s. 403.927. By December 10, 1993, the secretary of the
2144
department shall submit a report to the President of the Senate
2145
and the Speaker of the House of Representatives regarding the
2146
efficiency of the procedures and the division of responsibilities
2147
contemplated by this subsection and regarding progress toward the
2148
execution of further interagency agreements and the integration
2149
of permitting with sovereignty lands approval. The report also
2150
will consider the feasibility of improving the protection of the
2151
environment through comprehensive criteria for protection of
2152
natural systems.
2153
Section 81. Subsection (14) of section 376.121, Florida
2154
Statutes, is repealed.
2155
Section 82. Section 376.17, Florida Statutes, is repealed.
2156
Section 83. Subsection (5) of section 376.30713, Florida
2157
Statutes, is repealed.
2158
Section 84. Paragraph (f) of subsection (3) of section
2159
377.703, Florida Statutes, is amended to read:
2160
377.703 Additional functions of the Department of
2161
Environmental Protection; energy emergency contingency plan;
2162
federal and state conservation programs.--
2163
(3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
2164
Department of Environmental Protection shall, in addition to
2165
assuming the duties and responsibilities provided by ss. 20.255
2166
and 377.701, perform the following functions consistent with the
2167
development of a state energy policy:
2168
(f) The department shall prepare make a report, as
2169
requested by the Governor or the Legislature, reflecting its
2170
activities and making recommendations of policies for improvement
2171
of the state's response to energy supply and demand and its
2172
effect on the health, safety, and welfare of the people of
2173
Florida. The report shall include a report from the Florida
2174
Public Service Commission on electricity and natural gas and
2175
information on energy conservation programs conducted and under
2176
way in the past year and shall include recommendations for energy
2177
conservation programs for the state, including, but not limited
2178
to, the following factors:
2179
1. Formulation of specific recommendations for improving
2180
improvement in the efficiency of energy utilization in
2181
governmental, residential, commercial, industrial, and
2182
transportation sectors.
2183
2. Collection and dissemination of information relating to
2184
energy conservation.
2185
3. Development and conduct of educational and training
2186
programs relating to energy conservation.
2187
4. An analysis of the ways in which state agencies are
2188
seeking to implement s. 377.601(4), the state energy policy, and
2189
recommendations for better fulfilling this policy.
2190
Section 85. Paragraph (a) of subsection (2) of section
2191
380.06, Florida Statutes, is amended to read:
2192
380.06 Developments of regional impact.--
2193
(2) STATEWIDE GUIDELINES AND STANDARDS.--
2194
(a) The state land planning agency shall recommend to the
2195
Administration Commission specific statewide guidelines and
2196
standards for adoption pursuant to this subsection. The
2197
Administration Commission shall by rule adopt statewide
2198
guidelines and standards to be used in determining whether
2199
particular developments shall undergo development-of-regional-
2200
impact review. The statewide guidelines and standards previously
2201
adopted by the Administration Commission and approved by the
2202
Legislature shall remain in effect unless revised pursuant to
2203
this section or superseded by other provisions of law. Revisions
2204
to the present statewide guidelines and standards, after adoption
2205
by the Administration Commission, shall be transmitted on or
2206
before March 1 to the President of the Senate and the Speaker of
2207
the House of Representatives for presentation at the next regular
2208
session of the Legislature. Unless approved by law by the
2209
Legislature, the revisions to the present guidelines and
2210
standards shall not become effective.
2211
Section 86. Subsection (3) of section 380.0677, Florida
2212
Statutes, is repealed.
2213
Section 87. Subsection (3) of section 381.0011, Florida
2214
Statutes, is repealed.
2215
Section 88. Section 381.0036, Florida Statutes, is
2216
repealed.
2217
Section 89. Section 381.731, Florida Statutes, is repealed.
2218
Section 90. Section 381.795, Florida Statutes, is amended
2219
to read:
2220
381.795 Long-term community-based supports.--The department
2221
shall, contingent upon specific appropriations for these
2222
purposes, establish:
2223
(1) Study the long-term needs for community-based supports
2224
and services for individuals who have sustained traumatic brain
2225
or spinal cord injuries. The purpose of this study is to prevent
2226
inappropriate residential and institutional placement of these
2227
individuals, and promote placement in the most cost effective and
2228
least restrictive environment. Any placement recommendations for
2229
these individuals shall ensure full utilization of and
2230
collaboration with other state agencies, programs, and community
2231
partners. This study shall be submitted to the Governor, the
2232
President of the Senate, and the Speaker of the House of
2233
Representatives not later than December 31, 2000.
2234
(2) Based upon the results of this study, establish a plan
2235
for the implementation of a program of long-term community-based
2236
supports and services for individuals who have sustained
2237
traumatic brain or spinal cord injuries who may be subject to
2238
inappropriate residential and institutional placement as a direct
2239
result of such injuries.
2240
(1)(a) The program shall be payor of last resort for
2241
program services, and expenditures for such services shall be
2242
considered funded services for purposes of s. 381.785; however,
2243
notwithstanding s. 381.79(5), proceeds resulting from this
2244
subsection shall be used solely for this program.
2245
(2)(b) The department shall adopt create, by rule,
2246
procedures to ensure, that if in the event the program is unable
2247
to directly or indirectly provide such services to all eligible
2248
individuals due to lack of funds, those individuals most at risk
2249
of suffering to suffer the greatest harm from an imminent
2250
inappropriate residential or institutional placement are served
2251
first.
2252
(3)(c) Every applicant or recipient of the long-term
2253
community-based supports and services program must shall have
2254
been a resident of the state for 1 year immediately preceding
2255
application and be a resident of the state at the time of
2256
application.
2257
(4)(d) The department shall adopt rules pursuant to ss.
2259
this section subsection.
2260
Section 91. Section 381.931, Florida Statutes, is amended
2261
to read:
2262
381.931 Annual report on Medicaid expenditures.--The
2263
Department of Health and the Agency for Health Care
2264
Administration shall monitor the total Medicaid expenditures for
2265
services made under this act. If Medicaid expenditures are
2266
projected to exceed the amount appropriated by the Legislature,
2267
the Department of Health shall limit the number of screenings to
2268
ensure Medicaid expenditures do not exceed the amount
2269
appropriated. The Department of Health, in cooperation with the
2270
Agency for Health Care Administration, shall prepare an annual
2271
report that must include the number of women screened; the
2272
percentage of positive and negative outcomes; the number of
2273
referrals to Medicaid and other providers for treatment services;
2274
the estimated number of women who are not screened or not served
2275
by Medicaid due to funding limitations, if any; the cost of
2276
Medicaid treatment services; and the estimated cost of treatment
2277
services for women who were not screened or referred for
2278
treatment due to funding limitations. The report shall be
2279
submitted to the President of the Senate, the Speaker of the
2280
House of Representatives, and the Executive Office of the
2281
Governor by March 1 of each year.
2282
Section 92. Subsection (6) of section 383.19, Florida
2283
Statutes, is amended to read:
2284
383.19 Standards; funding; ineligibility.--
2285
(6) Each hospital that which contracts with the department
2287
prepare and submit to the department an annual report that
2288
includes, but is not limited to, the number of clients served and
2289
the costs of services in the center. The department shall
2290
annually conduct a programmatic and financial evaluation of each
2291
center.
2292
Section 93. Section 383.21, Florida Statutes, is repealed.
2293
Section 94. Section 383.2161, Florida Statutes, is amended
2294
to read:
2295
383.2161 Maternal and child health report.--The Department
2296
of Health annually shall annually compile and analyze the risk
2297
information collected by the Office of Vital Statistics and the
2298
district prenatal and infant care coalitions and shall maintain
2299
county and statewide data on prepare and submit to the
2300
Legislature by January 2 a report that includes, but is not
2301
limited to:
2302
(1) The number of families identified as families at
2303
potential risk;
2304
(2) The number of families that receive family outreach
2305
services;
2306
(3) The increase in demand for services; and
2307
(4) The unmet need for services for identified target
2308
groups.
2309
Section 95. Subsection (4) of section 394.4573, Florida
2310
Statutes, is repealed.
2311
Section 96. Subsection (1) of section 394.4985, Florida
2312
Statutes, is amended to read:
2313
394.4985 Districtwide information and referral network;
2314
implementation.--
2315
(1) Each service district of the Department of Children and
2316
Family Services shall develop a detailed implementation plan for
2317
a districtwide comprehensive child and adolescent mental health
2318
information and referral network to be operational by July 1,
2319
1999. The plan must include an operating budget that demonstrates
2320
cost efficiencies and identifies funding sources for the district
2321
information and referral network. The plan must be submitted by
2322
the department to the Legislature by October 1, 1998. The
2323
district shall use existing district information and referral
2324
providers if, in the development of the plan, it is concluded
2325
that these providers would deliver information and referral
2326
services in a more efficient and effective manner when compared
2327
to other alternatives. The district information and referral
2328
network must include:
2329
(a) A resource file that contains information about the
2330
child and adolescent mental health services as described in s.
2331
394.495, including, but not limited to:
2332
1. Type of program;
2333
2. Hours of service;
2334
3. Ages of persons served;
2335
4. Program description;
2336
5. Eligibility requirements; and
2337
6. Fees.
2338
(b) Information about private providers and professionals
2339
in the community which serve children and adolescents with an
2340
emotional disturbance.
2341
(c) A system to document requests for services that are
2342
received through the network referral process, including, but not
2343
limited to:
2344
1. Number of calls by type of service requested;
2345
2. Ages of the children and adolescents for whom services
2346
are requested; and
2347
3. Type of referral made by the network.
2348
(d) The ability to share client information with the
2349
appropriate community agencies.
2350
(e) The submission of an annual report to the department,
2351
the Agency for Health Care Administration, and appropriate local
2352
government entities, which contains information about the sources
2353
and frequency of requests for information, types and frequency of
2354
services requested, and types and frequency of referrals made.
2355
Section 97. Section 394.75, Florida Statutes, is amended to
2356
read:
2357
394.75 State and district substance abuse and mental health
2358
plans.--
2359
(1)(a) Every 3 years, beginning in 2001, The department, in
2360
consultation with the Medicaid program in the Agency for Health
2361
Care Administration and the Florida Substance Abuse and Mental
2362
Health Corporation, shall prepare a state master plan for the
2363
delivery and financing of a system of publicly funded, community-
2364
based substance abuse and mental health services throughout the
2365
state. The state plan must include:
2366
(b) The initial plan must include an assessment of the
2367
clinical practice guidelines and standards for community-based
2368
mental health and substance abuse services delivered by persons
2369
or agencies under contract with the Department of Children and
2370
Family Services. The assessment must include an inventory of
2371
current clinical guidelines and standards used by persons and
2372
agencies under contract with the department, and by nationally
2373
recognized accreditation organizations, to address the quality of
2374
care and must specify additional clinical practice standards and
2375
guidelines for new or existing services and programs.
2376
(a)(c) Proposed The plan must propose changes in department
2377
policy or statutory revisions to strengthen the quality of mental
2378
health and substance abuse treatment and support services.
2379
(b)(d) The plan must identify Strategies for meeting the
2380
treatment and support needs of children, adolescents, adults, and
2381
older adults who have, or are at risk of having, mental,
2382
emotional, or substance abuse problems as defined in this chapter
2383
or chapter 397.
2384
(c)(e) The plan must include Input from persons who
2385
represent local communities; local government entities that
2386
contribute funds to the local substance abuse and mental health
2387
treatment systems; consumers of publicly funded substance abuse
2388
and mental health services, and their families; and stakeholders
2389
interested in mental health and substance abuse services. The
2390
plan must describe the means by which this local input occurred.
2391
The plan shall be updated annually.
2392
(f) The plan must include statewide policies and planning
2393
parameters that will be used by the health and human services
2394
boards in preparing the district substance abuse and mental
2395
health plans.
2396
(g) The district plans shall be one component of the state
2397
master plan.
2398
(2) The state master plan shall also include:
2399
(a) A proposal for the development of a data system that
2400
will evaluate the effectiveness of programs and services provided
2401
to clients of the substance abuse and mental health service
2402
system.
2403
(b) A proposal to resolve the funding discrepancies between
2404
districts.
2405
(d)(c) A methodology for the allocation of resources
2406
available from federal, state, and local sources and a
2407
description of the current level of funding available from each
2408
source.
2409
(e)(d) A description of the statewide priorities for
2410
clients and services, and each district's priorities for clients
2411
and services.
2412
(e) Recommendations for methods of enhancing local
2413
participation in the planning, organization, and financing of
2414
substance abuse and mental health services.
2415
(f) A description of the current methods of contracting for
2416
services, an assessment of the efficiency of these methods in
2417
providing accountability for contracted funds, and
2418
recommendations for improvements to the system of contracting.
2419
(f)(g) Recommendations for improving access to services by
2420
clients and their families.
2421
(h) Guidelines and formats for the development of district
2422
plans.
2423
(g)(i) Recommendations for future directions for the
2424
substance abuse and mental health service delivery system.
2425
(2) A schedule, format, and procedure for development, and
2426
review, and update of the state master plan shall be adopted by
2427
the department by June of each year. The plan and annual updates
2428
shall must be submitted to the Governor and the Legislature
2429
beginning February 10, 2009, and every 3rd year thereafter
2430
President of the Senate and the Speaker of the House of
2431
Representatives by January 1 of each year, beginning January 1,
2432
2001.
2433
(3) Each The district health and human services board shall
2434
prepare an integrated district substance abuse and mental health
2435
plan. The plan shall be prepared and updated on a schedule
2436
established by the Assistant Secretary for Substance Abuse
2437
Alcohol, Drug Abuse, and Mental Health Program Office. The plan
2438
shall reflect the needs and program priorities established by the
2439
department and the needs of the district established under ss.
2441
priority the mental health and the substance abuse treatment
2442
needs of the district and must rank each program separately. The
2443
plan shall include:
2444
(a) A record of the total amount of money available in the
2445
district for mental health and substance abuse services.
2446
(b) A description of each service that will be purchased
2447
with state funds.
2448
(c) A record of the amount of money allocated for each
2449
service identified in the plan as being purchased with state
2450
funds.
2451
(d) A record of the total funds allocated to each provider.
2452
(e) A record of the total funds allocated to each provider
2453
by type of service to be purchased with state funds.
2454
(a)(f) Include input from community-based persons,
2455
organizations, and agencies interested in substance abuse and
2456
mental health treatment services; local government entities that
2457
contribute funds to the public substance abuse and mental health
2458
treatment systems; and consumers of publicly funded substance
2459
abuse and mental health services, and their family members. The
2460
plan must describe the means by which this local input occurred.
2461
2462
The plan shall be submitted by the district board to the district
2463
administrator and to the governing bodies for review, comment,
2464
and approval.
2465
(4) The district plan shall:
2466
(a) Describe the publicly funded, community-based substance
2467
abuse and mental health system of care, and identify statutorily
2468
defined populations, their service needs, and the resources
2469
available and required to meet their needs.
2470
(b) Provide the means for meeting the needs of the
2471
district's eligible clients, specified in ss. 394.674 and
2472
394.675, for substance abuse and mental health services.
2473
(b)(c) Provide a process for coordinating the delivery of
2474
services within a community-based system of care to eligible
2475
clients. The Such process must involve service providers,
2476
clients, and other stakeholders. The process must also provide a
2477
means by which providers will coordinate and cooperate to
2478
strengthen linkages, achieve maximum integration of services,
2479
foster efficiencies in service delivery and administration, and
2480
designate responsibility for outcomes for eligible clients.
2481
(c)(d) Provide a projection of district program and fiscal
2482
needs for the next fiscal year, provide for the orderly and
2483
economical development of needed services, and indicate
2484
priorities and resources for each population served, performance
2485
outcomes, and anticipated expenditures and revenues.
2486
(e) Include a summary budget request for the total district
2487
substance abuse and mental health program, which must include the
2488
funding priorities established by the district planning process.
2489
(f) Provide a basis for the district legislative budget
2490
request.
2491
(g) Include a policy and procedure for allocation of funds.
2492
(h) Include a procedure for securing local matching funds.
2493
Such a procedure shall be developed in consultation with
2494
governing bodies and service providers.
2495
(d)(i) Provide for the integration of substance abuse and
2496
mental health services with the other departmental programs and
2497
with the criminal justice, juvenile justice, child protection,
2498
school, and health care systems within the district.
2499
(j) Provide a plan for the coordination of services in such
2500
manner as to ensure effectiveness and avoid duplication,
2501
fragmentation of services, and unnecessary expenditures.
2502
(e)(k) Provide for continuity of client care between state
2503
treatment facilities and community programs to assure that
2504
discharge planning results in the rapid application for all
2505
benefits for which a client is eligible, including Medicaid
2506
coverage for persons leaving state treatment facilities and
2507
returning to community-based programs.
2508
(l) Provide for the most appropriate and economical use of
2509
all existing public and private agencies and personnel.
2510
(m) Provide for the fullest possible and most appropriate
2511
participation by existing programs; state hospitals and other
2512
hospitals; city, county, and state health and family service
2513
agencies; drug abuse and alcoholism programs; probation
2514
departments; physicians; psychologists; social workers; marriage
2515
and family therapists; mental health counselors; clinical social
2516
workers; public health nurses; school systems; and all other
2517
public and private agencies and personnel that are required to,
2518
or may agree to, participate in the plan.
2519
(n) Include an inventory of all public and private
2520
substance abuse and mental health resources within the district,
2521
including consumer advocacy groups and self-help groups known to
2522
the department.
2523
(4)(5) The district plan shall address how substance abuse
2524
and mental health services will be provided and how a system of
2525
care for target populations will be provided given the resources
2526
available in the service district. The plan must include
2527
provisions for providing the most appropriate and current
2528
evidence-based services for persons with substance abuse
2529
disorders and mental illnesses in a variety of settings
2530
maximizing client access to the most recently developed
2531
psychiatric medications approved by the United States Food and
2532
Drug Administration, for developing independent housing units
2533
through participation in the Section 811 program operated by the
2534
United States Department of Housing and Urban Development, for
2535
developing supported employment services through the Division of
2536
Vocational Rehabilitation of the Department of Education, for
2537
providing treatment services to persons with co-occurring mental
2538
illness and substance abuse problems which are integrated across
2539
treatment systems, and for providing services to adults who have
2540
a serious mental illness, as defined in s. 394.67, and who reside
2541
in assisted living facilities.
2542
(6) The district plan shall provide the means by which the
2543
needs of the population groups specified pursuant to s. 394.674
2544
will be addressed in the district.
2545
(7) In developing the district plan, optimum use shall be
2546
made of any federal, state, and local funds that may be available
2547
for substance abuse and mental health service planning. However,
2548
the department must provide these services within legislative
2549
appropriations.
2550
(8) The district health and human services board shall
2551
establish a subcommittee to prepare the portion of the district
2552
plan relating to children and adolescents. The subcommittee shall
2553
include representative membership of any committee organized or
2554
established by the district to review placement of children and
2555
adolescents in residential treatment programs. The board shall
2556
establish a subcommittee to prepare the portion of the district
2557
plan which relates to adult mental health and substance abuse.
2558
The subcommittee must include representatives from the community
2559
who have an interest in mental health and substance abuse
2560
treatment for adults.
2561
(5)(9) All departments of state government and all local
2562
public agencies shall cooperate with officials to assist them in
2563
service planning. Each district administrator shall, upon request
2564
and the availability of staff, provide consultative services to
2565
the local agency directors and governing bodies.
2566
(10) The district administrator shall ensure that the
2567
district plan:
2568
(a) Conforms to the priorities in the state plan, the
2569
requirements of this part, and the standards adopted under this
2570
part;
2571
(b) Ensures that the most effective and economical use will
2572
be made of available public and private substance abuse and
2573
mental health resources in the service district; and
2574
(c) Has adequate provisions made for review and evaluation
2575
of the services provided in the service district.
2576
(11) The district administrator shall require such
2577
modifications in the district plan as he or she deems necessary
2578
to bring the plan into conformance with the provisions of this
2579
part. If the district board and the district administrator cannot
2580
agree on the plan, including the projected budget, the issues
2581
under dispute shall be submitted directly to the secretary of the
2582
department for immediate resolution.
2583
(12) Each governing body that provides local funds has the
2584
authority to require necessary modification to only that portion
2585
of the district plan which affects substance abuse and mental
2586
health programs and services within the jurisdiction of that
2587
governing body.
2588
(13) The district administrator shall report annually to
2589
the district board the status of funding for priorities
2590
established in the district plan. Each report must include:
2591
(a) A description of the district plan priorities that were
2592
included in the district legislative budget request.
2593
(b) A description of the district plan priorities that were
2594
included in the departmental budget request.
2595
(c) A description of the programs and services included in
2596
the district plan priorities that were appropriated funds by the
2597
Legislature in the legislative session that preceded the report.
2598
Section 98. Section 394.82, Florida Statutes, is repealed.
2599
Section 99. Paragraph (a) of subsection (4), paragraph (h)
2600
of subsection (7), and subsection (8) of section 394.9082,
2601
Florida Statutes, are amended to read:
2602
394.9082 Behavioral health service delivery strategies.--
2603
(4) CONTRACT FOR SERVICES.--
2604
(a) The Department of Children and Family Services and the
2605
Agency for Health Care Administration may contract for the
2606
provision or management of behavioral health services with a
2607
managing entity in at least two geographic areas. Both the
2608
department of Children and Family Services and the agency for
2609
Health Care Administration must contract with the same managing
2610
entity in any distinct geographic area where the strategy
2611
operates. The This managing entity shall, be accountable at a
2612
minimum, be accountable for the delivery of behavioral health
2613
services specified and funded by the department and the agency.
2614
The geographic area must be of sufficient size in population and
2615
have enough public funds for behavioral health services to allow
2616
for flexibility and maximum efficiency. Notwithstanding the
2617
provisions of s. 409.912(4)(b)1., At least one service delivery
2618
strategy must be in one of the service districts in the catchment
2619
area of G. Pierce Wood Memorial Hospital.
2620
(7) ESSENTIAL ELEMENTS.--
2621
(h)1. The Department of Children and Family Services, in
2622
consultation with the Agency for Health Care Administration,
2623
shall prepare an amendment by October 31, 2001, to the 2001
2624
master state plan required under s. 394.75(1), which describes
2625
each service delivery strategy, including at least the following
2626
details:
2627
a. Operational design;
2628
b. Counties or service districts included in each strategy;
2629
c. Expected outcomes; and
2630
d. Timeframes.
2631
2. The amendment shall specifically address the application
2632
of each service delivery strategy to substance abuse services,
2633
including:
2634
a. The development of substance abuse service protocols;
2635
b. Credentialing requirements for substance abuse services;
2636
and
2637
c. The development of new service models for individuals
2638
with co-occurring mental health and substance abuse disorders.
2639
3. The amendment must specifically address the application
2640
of each service delivery strategy to the child welfare system,
2641
including:
2642
a. The development of service models that support working
2643
with both children and their families in a community-based care
2644
system and that are specific to the child welfare system.
2645
b. A process for providing services to abused and neglected
2646
children and their families as indicated in court-ordered case
2647
plans.
2648
(8) EXPANSION IN DISTRICTS 4 AND 12.--The department shall
2649
work with community agencies to establish a single managing
2650
entity for districts 4 and 12 accountable for the delivery of
2651
substance abuse services to child protective services recipients
2652
in the two districts. The purpose of this strategy is to enhance
2653
the coordination of substance abuse services with community-based
2654
care agencies and the department. The department shall work with
2655
affected stakeholders to develop and implement a plan that allows
2656
the phase-in of services beginning with the delivery of substance
2657
abuse services, with phase-in of subsequent substance abuse
2658
services agreed upon by the managing entity and authorized by the
2659
department, providing the necessary technical assistance to
2660
assure provider and district readiness for implementation. When a
2661
single managing entity is established and meets readiness
2662
requirements, the department may enter into a noncompetitive
2663
contract with the entity. The department shall maintain detailed
2664
information on the methodology used for selection and a
2665
justification for the selection. Performance objectives shall be
2666
developed which ensure that services that are delivered directly
2667
affect and complement the child's permanency plan. During the
2668
initial planning and implementation phase of this project, the
2669
requirements in subsections (6) and (7) are waived. Considering
2670
the critical substance abuse problems experienced by many
2671
families in the child protection system, the department shall
2672
initiate the implementation of the substance abuse delivery
2673
component of this program without delay and furnish status
2674
reports to the appropriate substantive committees of the Senate
2675
and the House of Representatives no later than February 29, 2004,
2676
and February 28, 2005. The integration of all services agreed
2677
upon by the managing entity and authorized by the department must
2678
be completed within 2 years after project initiation. Ongoing
2679
monitoring and evaluation of this strategy shall be conducted in
2680
accordance with subsection (9).
2681
Section 100. Section 394.9083, Florida Statutes, is
2682
repealed.
2683
Section 101. Paragraph (c) of subsection (2) of section
2684
395.807, Florida Statutes, is repealed.
2685
Section 102. Subsections (1) and (20) of section 397.321,
2686
Florida Statutes, are repealed.
2687
Section 103. Subsection (3) of section 397.332, Florida
2688
Statutes, is repealed.
2689
Section 104. Subsection (4) of section 397.333, Florida
2690
Statutes, is amended to read:
2691
397.333 Statewide Drug Policy Advisory Council.--
2692
(4)(a) The chairperson of the advisory council shall
2693
appoint workgroups that include members of state agencies that
2694
are not represented on the advisory council and shall solicit
2695
input and recommendations from those state agencies. In addition,
2696
the chairperson may appoint workgroups as necessary from among
2697
the members of the advisory council in order to efficiently
2698
address specific issues. A representative of a state agency
2699
appointed to any workgroup shall be the head of the agency, or
2700
his or her designee. The chairperson may designate lead and
2701
contributing agencies within a workgroup.
2702
(b) The advisory council shall submit a report to the
2703
Governor, the President of the Senate, and the Speaker of the
2704
House of Representatives by December 1 of each year which
2705
contains a summary of the work of the council during that year
2706
and the recommendations required under subsection (3). Interim
2707
reports may be submitted at the discretion of the chairperson of
2708
the advisory council.
2709
Section 105. Subsection (1) of section 397.94, Florida
2710
Statutes, is repealed.
2711
Section 106. Subsection (2) of section 400.148, Florida
2712
Statutes, is repealed.
2713
Section 107. Paragraph (a) of subsection (2) of section
2714
400.967, Florida Statutes, is amended to read:
2715
400.967 Rules and classification of deficiencies.--
2716
(2) Pursuant to the intention of the Legislature, the
2717
agency, in consultation with the Agency for Persons with
2718
Disabilities and the Department of Elderly Affairs, shall adopt
2719
and enforce rules to administer this part and part II of chapter
2720
408, which shall include reasonable and fair criteria governing:
2721
(a) The location and construction of the facility;
2722
including fire and life safety, plumbing, heating, cooling,
2723
lighting, ventilation, and other housing conditions that will
2724
ensure the health, safety, and comfort of residents. The agency
2725
shall establish standards for facilities and equipment to
2726
increase the extent to which new facilities and a new wing or
2727
floor added to an existing facility after July 1, 2000, are
2728
structurally capable of serving as shelters only for residents,
2729
staff, and families of residents and staff, and equipped to be
2730
self-supporting during and immediately following disasters. The
2731
Agency for Health Care Administration shall work with facilities
2732
licensed under this part and report to the Governor and the
2733
Legislature by April 1, 2000, its recommendations for cost-
2734
effective renovation standards to be applied to existing
2735
facilities. In making such rules, the agency shall be guided by
2736
criteria recommended by nationally recognized, reputable
2737
professional groups and associations having knowledge concerning
2738
such subject matters. The agency shall update or revise such
2739
criteria as the need arises. All facilities must comply with
2740
those lifesafety code requirements and building code standards
2741
applicable at the time of approval of their construction plans.
2742
The agency may require alterations to a building if it determines
2743
that an existing condition constitutes a distinct hazard to life,
2744
health, or safety. The agency shall adopt fair and reasonable
2745
rules setting forth conditions under which existing facilities
2746
undergoing additions, alterations, conversions, renovations, or
2747
repairs are required to comply with the most recent updated or
2748
revised standards.
2749
Section 108. Subsection (3) of section 402.3016, Florida
2750
Statutes, is repealed.
2751
Section 109. Subsection (9) of section 402.40, Florida
2752
Statutes, is repealed.
2753
Section 110. Subsection (1) of section 403.4131, Florida
2754
Statutes, is amended to read:
2755
403.4131 Litter control.--
2756
(1) The Department of Transportation shall establish an
2757
"adopt-a-highway" program to allow local organizations to be
2758
identified with specific highway cleanup and highway
2759
beautification projects authorized under s. 339.2405. The
2760
department shall report to the Governor and the Legislature on
2761
the progress achieved and the savings incurred by the "adopt-a-
2762
highway" program. The department shall also monitor and report on
2763
compliance with the provisions of the adopt-a-highway program to
2764
ensure that organizations that participate in the program comply
2765
with the goals identified by the department.
2766
Section 111. Paragraph (a) of subsection (4) of section
2767
406.02, Florida Statutes, is repealed.
2768
Section 112. Paragraph (g) of subsection (1) of section
2769
408.033, Florida Statutes, is amended to read:
2770
408.033 Local and state health planning.--
2771
(1) LOCAL HEALTH COUNCILS.--
2772
(g) Each local health council may is authorized to accept
2773
and receive, in furtherance of its health planning functions,
2774
funds, grants, and services from governmental agencies and from
2775
private or civic sources and to perform studies related to local
2776
health planning in exchange for such funds, grants, or services.
2777
Each local health council shall, no later than January 30 of each
2778
year, render an accounting of the receipt and disbursement of
2779
such funds received by it to the Department of Health. The
2780
department shall consolidate all such reports and submit such
2781
consolidated report to the Legislature no later than March 1 of
2782
each year.
2783
Section 113. Subsection (4) of section 408.914, Florida
2784
Statutes, is repealed.
2785
Section 114. Paragraph (i) of subsection (3) of section
2786
408.915, Florida Statutes, is repealed.
2787
Section 115. Section 408.917, Florida Statutes, is
2788
repealed.
2789
Section 116. Paragraph (b) of subsection (7) of section
2790
409.1451, Florida Statutes, is amended to read:
2791
409.1451 Independent living transition services.--
2792
(7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
2793
Secretary of Children and Family Services shall establish the
2794
Independent Living Services Advisory Council for the purpose of
2795
reviewing and making recommendations concerning the
2796
implementation and operation of the independent living transition
2797
services. This advisory council shall continue to function as
2798
specified in this subsection until the Legislature determines
2799
that the advisory council can no longer provide a valuable
2800
contribution to the department's efforts to achieve the goals of
2801
the independent living transition services.
2802
(b) The advisory council shall report to the secretary
2803
appropriate substantive committees of the Senate and the House of
2804
Representatives on the status of the implementation of the system
2805
of independent living transition services; efforts to publicize
2806
the availability of aftercare support services, the Road-to-
2807
Independence Program, and transitional support services; the
2808
success of the services; problems identified; recommendations for
2809
department or legislative action; and the department's
2810
implementation of the recommendations contained in the
2811
Independent Living Services Integration Workgroup Report
2812
submitted to the Senate and the House substantive committees
2813
December 31, 2002. The department shall submit a report by
2814
December 31 of each year to the Governor and the Legislature This
2815
advisory council report shall be submitted by December 31 of each
2816
year that the council is in existence and shall be accompanied by
2817
a report from the department which includes a summary of the
2818
factors reported on by the council and identifies the
2819
recommendations of the advisory council and either describes the
2820
department's actions to implement these recommendations or
2821
provides the department's rationale for not implementing the
2822
recommendations.
2823
Section 117. Section 409.146, Florida Statutes, is
2824
repealed.
2825
Section 118. Section 409.152, Florida Statutes, is
2826
repealed.
2827
Section 119. Subsections (1) and (2) of section 409.1679,
2828
Florida Statutes, are repealed.
2829
Section 120. Section 409.1685, Florida Statutes, is amended
2830
to read:
2831
409.1685 Children in foster care; annual report to
2832
Legislature.--The Department of Children and Family Services
2833
shall submit a written report to the Governor and substantive
2834
committees of the Legislature concerning the status of children
2835
in foster care and concerning the judicial review mandated by
2836
part X of chapter 39. The This report shall be submitted by May
2837
March 1 of each year and must shall include the following
2838
information for the prior calendar year:
2839
(1) The number of 6-month and annual judicial reviews
2840
completed during that period.
2841
(2) The number of children in foster care returned to a
2842
parent, guardian, or relative as a result of a 6-month or annual
2843
judicial review hearing during that period.
2844
(3) The number of termination of parental rights
2845
proceedings instituted during that period, including which shall
2846
include:
2847
(a) The number of termination of parental rights
2848
proceedings initiated pursuant to former s. 39.703; and
2849
(b) The total number of terminations of parental rights
2850
ordered.
2851
(4) The number of foster care children placed for adoption
2852
during that period.
2853
Section 121. Paragraph (d) of subsection (5) of section
2854
409.178, Florida Statutes, is amended to read:
2855
409.178 Child Care Executive Partnership Act; findings and
2856
intent; grant; limitation; rules.--
2857
(5)
2858
(d) Each community coordinated child care agency must shall
2859
be required to establish a community child care task force for
2860
each child care purchasing pool. The task force must be composed
2861
of employers, parents, private child care providers, and one
2862
representative from the local children's services council, if one
2863
exists in the area of the purchasing pool. The community
2864
coordinated child care agency is expected to recruit the task
2865
force members from existing child care councils, commissions, or
2866
task forces already operating in the area of a purchasing pool. A
2867
majority of the task force must shall consist of employers. Each
2868
task force shall develop a plan for the use of child care
2869
purchasing pool funds. The plan must show how many children will
2870
be served by the purchasing pool, how many will be new to
2871
receiving child care services, and how the community coordinated
2872
child care agency intends to attract new employers and their
2873
employees to the program.
2874
Section 122. Paragraph (k) of subsection (4) of section
2875
409.221, Florida Statutes, is repealed.
2876
Section 123. Paragraph (a) of subsection (3) of section
2877
409.25575, Florida Statutes, is amended to read:
2878
409.25575 Support enforcement; privatization.--
2879
(3)(a) The department shall establish a quality assurance
2880
program for the privatization of services. The quality assurance
2881
program must include standards for each specific component of
2882
these services. The department shall establish minimum thresholds
2883
for each component. Each program operated pursuant to contract
2884
must be evaluated annually by the department or by an objective
2885
competent entity designated by the department under the
2886
provisions of the quality assurance program. The evaluation must
2887
be financed from cost savings associated with the privatization
2888
of services. The department shall submit an annual report
2889
regarding quality performance, outcome measure attainment, and
2890
cost efficiency to the President of the Senate, the Speaker of
2891
the House of Representatives, the Minority leader of each house
2892
of the Legislature, and the Governor no later than January 31 of
2893
each year, beginning in 1999. The quality assurance program must
2894
be financed through administrative savings generated by this act.
2895
Section 124. Subsection (8) of section 409.2558, Florida
2896
Statutes, is amended to read:
2897
409.2558 Support distribution and disbursement.--
2898
(8) RULEMAKING AUTHORITY.--The department may adopt rules
2899
to administer this section. The department shall provide a draft
2900
of the proposed concepts for the rule for the undistributable
2901
collections to interested parties for review and recommendations
2902
prior to full development of the rule and initiating the formal
2903
rule-development process. The department shall consider but is
2904
not required to implement the recommendations. The department
2905
shall provide a report to the President of the Senate and the
2906
Speaker of the House of Representatives containing the
2907
recommendations received from interested parties and the
2908
department's response regarding incorporating the recommendations
2909
into the rule.
2910
Section 125. Subsection (3) of section 409.441, Florida
2911
Statutes, is repealed.
2912
Section 126. Subsection (24) of section 409.906, Florida
2913
Statutes, is amended to read:
2914
409.906 Optional Medicaid services.--Subject to specific
2915
appropriations, the agency may make payments for services which
2916
are optional to the state under Title XIX of the Social Security
2917
Act and are furnished by Medicaid providers to recipients who are
2918
determined to be eligible on the dates on which the services were
2919
provided. Any optional service that is provided shall be provided
2920
only when medically necessary and in accordance with state and
2921
federal law. Optional services rendered by providers in mobile
2922
units to Medicaid recipients may be restricted or prohibited by
2923
the agency. Nothing in this section shall be construed to prevent
2924
or limit the agency from adjusting fees, reimbursement rates,
2925
lengths of stay, number of visits, or number of services, or
2926
making any other adjustments necessary to comply with the
2927
availability of moneys and any limitations or directions provided
2928
for in the General Appropriations Act or chapter 216. If
2929
necessary to safeguard the state's systems of providing services
2930
to elderly and disabled persons and subject to the notice and
2931
review provisions of s. 216.177, the Governor may direct the
2932
Agency for Health Care Administration to amend the Medicaid state
2933
plan to delete the optional Medicaid service known as
2934
"Intermediate Care Facilities for the Developmentally Disabled."
2935
Optional services may include:
2936
(24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The Agency
2937
for Health Care Administration, in consultation with the
2938
Department of Children and Family Services, may establish a
2939
targeted case-management project in those counties identified by
2940
the Department of Children and Family Services and for all
2941
counties with a community-based child welfare project, as
2942
authorized under s. 409.1671, which have been specifically
2943
approved by the department. Results of targeted case management
2944
projects shall be reported to the Social Services Estimating
2945
Conference established under s. 216.136. The covered group of
2946
individuals who are eligible to receive targeted case management
2947
include children who are eligible for Medicaid; who are between
2948
the ages of birth through 21; and who are under protective
2949
supervision or postplacement supervision, under foster-care
2950
supervision, or in shelter care or foster care. The number of
2951
individuals who are eligible to receive targeted case management
2952
is shall be limited to the number for whom the Department of
2953
Children and Family Services has available matching funds to
2954
cover the costs. The general revenue funds required to match the
2955
funds for services provided by the community-based child welfare
2956
projects are limited to funds available for services described
2957
under s. 409.1671. The Department of Children and Family Services
2958
may transfer the general revenue matching funds as billed by the
2959
Agency for Health Care Administration.
2960
Section 127. Paragraph (b) of subsection (4), subsections
2961
(29) and (44), and paragraph (c) of subsection (49) of section
2962
409.912, Florida Statutes, are amended to read:
2963
409.912 Cost-effective purchasing of health care.--The
2964
agency shall purchase goods and services for Medicaid recipients
2965
in the most cost-effective manner consistent with the delivery of
2966
quality medical care. To ensure that medical services are
2967
effectively utilized, the agency may, in any case, require a
2968
confirmation or second physician's opinion of the correct
2969
diagnosis for purposes of authorizing future services under the
2970
Medicaid program. This section does not restrict access to
2971
emergency services or poststabilization care services as defined
2972
in 42 C.F.R. part 438.114. Such confirmation or second opinion
2973
shall be rendered in a manner approved by the agency. The agency
2974
shall maximize the use of prepaid per capita and prepaid
2975
aggregate fixed-sum basis services when appropriate and other
2976
alternative service delivery and reimbursement methodologies,
2977
including competitive bidding pursuant to s. 287.057, designed to
2978
facilitate the cost-effective purchase of a case-managed
2979
continuum of care. The agency shall also require providers to
2980
minimize the exposure of recipients to the need for acute
2981
inpatient, custodial, and other institutional care and the
2982
inappropriate or unnecessary use of high-cost services. The
2983
agency shall contract with a vendor to monitor and evaluate the
2984
clinical practice patterns of providers in order to identify
2985
trends that are outside the normal practice patterns of a
2986
provider's professional peers or the national guidelines of a
2987
provider's professional association. The vendor must be able to
2988
provide information and counseling to a provider whose practice
2989
patterns are outside the norms, in consultation with the agency,
2990
to improve patient care and reduce inappropriate utilization. The
2991
agency may mandate prior authorization, drug therapy management,
2992
or disease management participation for certain populations of
2993
Medicaid beneficiaries, certain drug classes, or particular drugs
2994
to prevent fraud, abuse, overuse, and possible dangerous drug
2995
interactions. The Pharmaceutical and Therapeutics Committee shall
2996
make recommendations to the agency on drugs for which prior
2997
authorization is required. The agency shall inform the
2998
Pharmaceutical and Therapeutics Committee of its decisions
2999
regarding drugs subject to prior authorization. The agency is
3000
authorized to limit the entities it contracts with or enrolls as
3001
Medicaid providers by developing a provider network through
3002
provider credentialing. The agency may competitively bid single-
3003
source-provider contracts if procurement of goods or services
3004
results in demonstrated cost savings to the state without
3005
limiting access to care. The agency may limit its network based
3006
on the assessment of beneficiary access to care, provider
3007
availability, provider quality standards, time and distance
3008
standards for access to care, the cultural competence of the
3009
provider network, demographic characteristics of Medicaid
3010
beneficiaries, practice and provider-to-beneficiary standards,
3011
appointment wait times, beneficiary use of services, provider
3012
turnover, provider profiling, provider licensure history,
3013
previous program integrity investigations and findings, peer
3014
review, provider Medicaid policy and billing compliance records,
3015
clinical and medical record audits, and other factors. Providers
3016
shall not be entitled to enrollment in the Medicaid provider
3017
network. The agency shall determine instances in which allowing
3018
Medicaid beneficiaries to purchase durable medical equipment and
3019
other goods is less expensive to the Medicaid program than long-
3020
term rental of the equipment or goods. The agency may establish
3021
rules to facilitate purchases in lieu of long-term rentals in
3022
order to protect against fraud and abuse in the Medicaid program
3023
as defined in s. 409.913. The agency may seek federal waivers
3024
necessary to administer these policies.
3025
(4) The agency may contract with:
3026
(b) An entity that is providing comprehensive behavioral
3027
health care services to specified certain Medicaid recipients
3028
through a capitated, prepaid arrangement pursuant to the federal
3029
waiver provided for by s. 409.905(5). The Such an entity must be
3030
licensed under chapter 624, chapter 636, or chapter 641 and must
3031
possess the clinical systems and operational competence to manage
3032
risk and provide comprehensive behavioral health care to Medicaid
3033
recipients. As used in this paragraph, the term "comprehensive
3034
behavioral health care services" means covered mental health and
3035
substance abuse treatment services that are available to Medicaid
3036
recipients. The secretary of the Department of Children and
3037
Family Services shall approve provisions of procurements related
3038
to children in the department's care or custody prior to
3039
enrolling such children in a prepaid behavioral health plan. A
3040
Any contract awarded under this paragraph must be competitively
3041
procured. In developing the behavioral health care prepaid plan
3042
procurement document, the agency shall ensure that the
3043
procurement document must require requires the contractor to
3044
develop and implement a plan that ensures to ensure compliance
3045
with s. 394.4574 related to services provided to residents of
3046
licensed assisted living facilities that hold a limited mental
3047
health license. Except as provided in subparagraph 8., and except
3048
in counties where the Medicaid managed care pilot program is
3049
authorized pursuant to s. 409.91211, the agency must shall seek
3050
federal approval to contract with a single entity meeting these
3051
requirements to provide comprehensive behavioral health care
3052
services to all Medicaid recipients not enrolled in a Medicaid
3053
managed care plan authorized under s. 409.91211 or a Medicaid
3054
health maintenance organization in an agency AHCA area. In an
3055
agency AHCA area where the Medicaid managed care pilot program is
3056
authorized pursuant to s. 409.91211 in one or more counties, the
3057
agency may procure a contract with a single entity to serve the
3058
remaining counties as an agency AHCA area or the remaining
3059
counties may be included with an adjacent agency AHCA area and
3060
shall be subject to this paragraph. Each entity must offer
3061
sufficient choice of providers in its network to ensure recipient
3062
access to care and the opportunity to select a provider with whom
3063
they are satisfied. The network must shall include all public
3064
mental health hospitals. To ensure unimpaired access to
3065
behavioral health care services by Medicaid recipients, all
3066
contracts issued pursuant to this paragraph must shall require 80
3067
percent of the capitation paid to the managed care plan,
3068
including health maintenance organizations, to be expended for
3069
the provision of behavioral health care services. In the event
3070
the managed care plan expends less than 80 percent of the
3071
capitation paid pursuant to this paragraph for the provision of
3072
behavioral health care services, the difference must shall be
3073
returned to the agency. The agency shall provide the managed care
3074
plan with a certification letter indicating the amount of
3075
capitation paid during each calendar year for the provision of
3076
behavioral health care services pursuant to this section. The
3077
agency may reimburse for substance abuse treatment services on a
3078
fee-for-service basis until the agency finds that adequate funds
3079
are available for capitated, prepaid arrangements.
3080
1. By January 1, 2001, the agency shall modify the
3081
Contracts with the entities providing comprehensive inpatient and
3082
outpatient mental health care services to Medicaid recipients in
3083
Hillsborough, Highlands, Hardee, Manatee, and Polk Counties, must
3084
to include substance abuse treatment services.
3085
2. By July 1, 2003, The agency and the Department of
3086
Children and Family Services shall execute a written agreement
3087
that requires collaboration and joint development of all policy,
3088
budgets, procurement documents, contracts, and monitoring plans
3089
that have an impact on the state and Medicaid community mental
3090
health and targeted case management programs.
3091
3. Except as provided in subparagraph 8., by July 1, 2006,
3092
the agency and the Department of Children and Family Services
3093
shall contract with managed care entities in each agency AHCA
3094
area except area 6 or arrange to provide comprehensive inpatient
3095
and outpatient mental health and substance abuse services through
3096
capitated prepaid arrangements to all Medicaid recipients who are
3097
eligible to participate in such plans under federal law and
3098
regulation. In agency AHCA areas where eligible individuals
3099
number less than 150,000, the agency shall contract with a single
3100
managed care plan to provide comprehensive behavioral health
3101
services to all recipients who are not enrolled in a Medicaid
3102
health maintenance organization or a Medicaid capitated managed
3103
care plan authorized under s. 409.91211. The agency may contract
3104
with more than one comprehensive behavioral health provider to
3105
provide care to recipients who are not enrolled in a Medicaid
3106
capitated managed care plan authorized under s. 409.91211 or a
3107
Medicaid health maintenance organization in agency AHCA areas
3108
where the eligible population exceeds 150,000. In an agency AHCA
3109
area where the Medicaid managed care pilot program is authorized
3110
pursuant to s. 409.91211 in one or more counties, the agency may
3111
procure a contract with a single entity to serve the remaining
3112
counties as an agency AHCA area or the remaining counties may be
3113
included with an adjacent agency AHCA area and shall be subject
3114
to this paragraph. Contracts for comprehensive behavioral health
3115
providers awarded pursuant to this section shall be competitively
3116
procured. Both for-profit and not-for-profit corporations shall
3117
be eligible to compete. Managed care plans contracting with the
3118
agency under subsection (3) shall provide and receive payment for
3119
the same comprehensive behavioral health benefits as provided in
3120
agency AHCA rules, including handbooks incorporated by reference.
3121
In agency AHCA area 11, the agency shall contract with at least
3122
two comprehensive behavioral health care providers to provide
3123
behavioral health care to recipients in that area who are
3124
enrolled in, or assigned to, the MediPass program. One of the
3125
behavioral health care contracts must shall be with the existing
3126
provider service network pilot project, as described in paragraph
3127
(d), for the purpose of demonstrating the cost-effectiveness of
3128
the provision of quality mental health services through a public
3129
hospital-operated managed care model. Payment must shall be at an
3130
agreed-upon capitated rate to ensure cost savings. Of the
3131
recipients in area 11 who are assigned to MediPass under the
3132
provisions of s. 409.9122(2)(k), a minimum of 50,000 must of
3133
those MediPass-enrolled recipients shall be assigned to the
3134
existing provider service network in area 11 for their behavioral
3135
care.
3136
4. By October 1, 2003, the agency and the department shall
3137
submit a plan to the Governor, the President of the Senate, and
3138
the Speaker of the House of Representatives which provides for
3139
the full implementation of capitated prepaid behavioral health
3140
care in all areas of the state.
3141
a. Implementation shall begin in 2003 in those AHCA areas
3142
of the state where the agency is able to establish sufficient
3143
capitation rates.
3144
4.b. If the agency determines that the proposed capitation
3145
rate in any area is insufficient to provide appropriate services,
3146
the agency may adjust the capitation rate to ensure that care
3147
will be available. The agency and the department may use existing
3148
general revenue to address any additional required match but may
3149
not over-obligate existing funds on an annualized basis.
3150
c. Subject to any limitations provided for in the General
3151
Appropriations Act, the agency, in compliance with appropriate
3152
federal authorization, shall develop policies and procedures that
3153
allow for certification of local and state funds.
3154
5. Children residing in a statewide inpatient psychiatric
3155
program, or in a Department of Juvenile Justice or a Department
3156
of Children and Family Services residential program approved as a
3157
Medicaid behavioral health overlay services provider may shall
3158
not be included in a behavioral health care prepaid health plan
3159
or any other Medicaid managed care plan pursuant to this
3160
paragraph.
3161
6. In converting to a prepaid system of delivery, the
3162
agency shall in its procurement document shall require an entity
3163
providing only comprehensive behavioral health care services to
3164
prevent the displacement of indigent care patients by enrollees
3165
in the Medicaid prepaid health plan providing behavioral health
3166
care services from facilities receiving state funding to provide
3167
indigent behavioral health care, to facilities licensed under
3168
chapter 395 which do not receive state funding for indigent
3169
behavioral health care, or reimburse the unsubsidized facility
3170
for the cost of behavioral health care provided to the displaced
3171
indigent care patient.
3172
7. Traditional community mental health providers under
3173
contract with the Department of Children and Family Services
3174
pursuant to part IV of chapter 394, child welfare providers under
3175
contract with the Department of Children and Family Services in
3176
areas 1 and 6, and inpatient mental health providers licensed
3177
pursuant to chapter 395 must be offered an opportunity to accept
3178
or decline a contract to participate in any provider network for
3179
prepaid behavioral health services.
3180
8. Beginning July 1, 2005, For fiscal year 2004-2005, all
3181
Medicaid eligible children who are open for child welfare
3182
services in the HomeSafeNet system, except such children in areas
3183
1 and 6, whose cases are open for child welfare services in the
3184
HomeSafeNet system, shall be enrolled in MediPass or in Medicaid
3185
fee-for-service and all their behavioral health care services
3186
including inpatient, outpatient psychiatric, community mental
3187
health, and case management shall be reimbursed on a fee-for-
3188
service basis. Beginning July 1, 2005, such children, who are
3189
open for child welfare services in the HomeSafeNet system, shall
3190
receive their behavioral health care services through a specialty
3191
prepaid plan operated by community-based lead agencies either
3192
through a single agency or formal agreements among several
3193
agencies. The specialty prepaid plan must result in savings to
3194
the state comparable to savings achieved in other Medicaid
3195
managed care and prepaid programs. Such plan must provide
3196
mechanisms to maximize state and local revenues. The specialty
3197
prepaid plan shall be developed by the agency and the Department
3198
of Children and Family Services. The agency is authorized to seek
3199
any federal waivers to implement this initiative.
3200
(29) The agency shall perform enrollments and
3201
disenrollments for Medicaid recipients who are eligible for
3202
MediPass or managed care plans. Notwithstanding the prohibition
3203
contained in paragraph (21)(f), managed care plans may perform
3204
preenrollments of Medicaid recipients under the supervision of
3205
the agency or its agents. For the purposes of this section, the
3206
term "preenrollment" means the provision of marketing and
3207
educational materials to a Medicaid recipient and assistance in
3208
completing the application forms, but does shall not include
3209
actual enrollment into a managed care plan. An application for
3210
enrollment may shall not be deemed complete until the agency or
3211
its agent verifies that the recipient made an informed, voluntary
3212
choice. The agency, in cooperation with the Department of
3213
Children and Family Services, may test new marketing initiatives
3214
to inform Medicaid recipients about their managed care options at
3215
selected sites. The agency shall report to the Legislature on the
3216
effectiveness of such initiatives. The agency may contract with a
3217
third party to perform managed care plan and MediPass enrollment
3218
and disenrollment services for Medicaid recipients and is
3219
authorized to adopt rules to administer implement such services.
3220
The agency may adjust the capitation rate only to cover the costs
3221
of a third-party enrollment and disenrollment contract, and for
3222
agency supervision and management of the managed care plan
3223
enrollment and disenrollment contract.
3224
(44) The Agency for Health Care Administration shall ensure
3225
that any Medicaid managed care plan as defined in s.
3226
409.9122(2)(f), whether paid on a capitated basis or a shared
3227
savings basis, is cost-effective. For purposes of this
3228
subsection, the term "cost-effective" means that a network's per-
3229
member, per-month costs to the state, including, but not limited
3230
to, fee-for-service costs, administrative costs, and case-
3231
management fees, if any, must be no greater than the state's
3232
costs associated with contracts for Medicaid services established
3233
under subsection (3), which may be adjusted for health status.
3234
The agency shall conduct actuarially sound adjustments for health
3235
status in order to ensure such cost-effectiveness and shall
3236
annually publish the results on its Internet website and submit
3237
the results annually to the Governor, the President of the
3238
Senate, and the Speaker of the House of Representatives no later
3239
than December 31 of each year. Contracts established pursuant to
3240
this subsection which are not cost-effective may not be renewed.
3241
(49) The agency shall contract with established minority
3242
physician networks that provide services to historically
3243
underserved minority patients. The networks must provide cost-
3244
effective Medicaid services, comply with the requirements to be a
3245
MediPass provider, and provide their primary care physicians with
3246
access to data and other management tools necessary to assist
3247
them in ensuring the appropriate use of services, including
3248
inpatient hospital services and pharmaceuticals.
3249
(c) For purposes of this subsection, the term "cost-
3250
effective" means that a network's per-member, per-month costs to
3251
the state, including, but not limited to, fee-for-service costs,
3252
administrative costs, and case-management fees, if any, must be
3253
no greater than the state's costs associated with contracts for
3254
Medicaid services established under subsection (3), which shall
3255
be actuarially adjusted for case mix, model, and service area.
3256
The agency shall conduct actuarially sound audits adjusted for
3257
case mix and model in order to ensure such cost-effectiveness and
3258
shall annually publish the audit results on its Internet website
3259
and submit the audit results annually to the Governor, the
3260
President of the Senate, and the Speaker of the House of
3261
Representatives no later than December 31. Contracts established
3262
pursuant to this subsection which are not cost-effective may not
3263
be renewed.
3264
Section 128. Section 410.0245, Florida Statutes, is
3265
repealed.
3266
Section 129. Subsection (10) of section 410.604, Florida
3267
Statutes, is repealed.
3268
Section 130. Section 411.221, Florida Statutes, is
3269
repealed.
3270
Section 131. Section 411.242, Florida Statutes, is
3271
repealed.
3272
Section 132. Subsection (3) of section 414.1251, Florida
3273
Statutes, is repealed.
3274
Section 133. Section 414.14, Florida Statutes, is amended
3275
to read:
3276
414.14 Public assistance policy simplification.--To the
3277
extent possible, the department shall align the requirements for
3278
eligibility under this chapter with the food stamp program and
3279
medical assistance eligibility policies and procedures to
3280
simplify the budgeting process and reduce errors. If the
3281
department determines that s. 414.075, relating to resources, or
3282
s. 414.085, relating to income, is inconsistent with related
3283
provisions of federal law which govern the food stamp program or
3284
medical assistance, and that conformance to federal law would
3285
simplify administration of the WAGES Program or reduce errors
3286
without materially increasing the cost of the program to the
3287
state, the secretary of the department may propose a change in
3288
the resource or income requirements of the program by rule. The
3289
secretary shall provide written notice to the President of the
3290
Senate, the Speaker of the House of Representatives, and the
3291
chairpersons of the relevant committees of both houses of the
3292
Legislature summarizing the proposed modifications to be made by
3293
rule and changes necessary to conform state law to federal law.
3294
The proposed rule shall take effect 14 days after written notice
3295
is given unless the President of the Senate or the Speaker of the
3296
House of Representatives advises the secretary that the proposed
3297
rule exceeds the delegated authority of the Legislature.
3298
Section 134. Subsection (1) of section 414.36, Florida
3299
Statutes, is repealed.
3300
Section 135. Subsection (3) of section 414.391, Florida
3301
Statutes, is repealed.
3302
Section 136. Subsection (6) of section 415.1045, Florida
3303
Statutes, is amended to read:
3304
415.1045 Photographs, videotapes, and medical examinations;
3305
abrogation of privileged communications; confidential records and
3306
documents.--
3307
(6) WORKING AGREEMENTS.--By March 1, 2004, The department
3308
shall enter into working agreements with the jurisdictionally
3309
responsible county Sheriff's sheriffs' office or local police
3310
department that will be the lead agency for when conducting any
3311
criminal investigation arising from an allegation of abuse,
3312
neglect, or exploitation of a vulnerable adult. The working
3313
agreement must specify how the requirements of this chapter will
3314
be met. The Office of Program Policy Analysis and Government
3315
Accountability shall conduct a review of the efficacy of the
3316
agreements and report its findings to the Legislature by March 1,
3317
2005. For the purposes of such agreement, the jurisdictionally
3318
responsible law enforcement entity is authorized to share Florida
3319
criminal history and local criminal history information that is
3320
not otherwise exempt from s. 119.07(1) with the district
3321
personnel. A law enforcement entity entering into such agreement
3322
must comply with s. 943.0525. Criminal justice information
3323
provided by the such law enforcement entity shall be used only
3324
for the purposes specified in the agreement and shall be provided
3325
at no charge. Notwithstanding any other provision of law, the
3326
Department of Law Enforcement shall provide to the department
3327
electronic access to Florida criminal justice information which
3328
is lawfully available and not exempt from s. 119.07(1), only for
3329
the purpose of protective investigations and emergency placement.
3330
As a condition of access to such information, the department
3331
shall be required to execute an appropriate user agreement
3332
addressing the access, use, dissemination, and destruction of
3333
such information and to comply with all applicable laws and rules
3334
of the Department of Law Enforcement.
3335
Section 137. Paragraph (a) of subsection (5) of section
3336
415.111, Florida Statutes, is amended to read:
3337
415.111 Criminal penalties.--
3338
(5) A person who knowingly and willfully makes a false
3339
report of abuse, neglect, or exploitation of a vulnerable adult,
3340
or a person who advises another to make a false report, commits a
3341
felony of the third degree, punishable as provided in s. 775.082
3342
or s. 775.083.
3343
(a) The department shall establish procedures for
3344
determining whether a false report of abuse, neglect, or
3345
exploitation of a vulnerable adult has been made and for
3346
submitting all identifying information relating to such a false
3347
report to the local law enforcement agency as provided in this
3348
subsection and shall report annually to the Legislature the
3349
number of reports referred.
3350
Section 138. Subsection (9) of section 420.622, Florida
3351
Statutes, is amended to read:
3352
420.622 State Office on Homelessness; Council on
3353
Homelessness.--
3354
(9) The council shall, by December 31 of each year, provide
3355
issue to the Governor, the Legislature President of the Senate,
3356
the Speaker of the House of Representatives, and the Secretary of
3357
Children and Family Services an evaluation of the executive
3358
director's performance in fulfilling the statutory duties of the
3359
office, a report summarizing the extent of homelessness in the
3360
state and the council's recommendations to the office and the
3361
corresponding actions taken by the office, and any
3362
recommendations to the Legislature for reducing proposals to
3363
reduce homelessness in this state.
3364
Section 139. Subsection (4) of section 420.623, Florida
3365
Statutes, is repealed.
3366
Section 140. Subsection (9) of section 427.704, Florida
3367
Statutes, is amended to read:
3368
427.704 Powers and duties of the commission.--
3369
(9) The commission shall prepare provide to the President
3370
of the Senate and to the Speaker of the House of Representatives
3371
an annual report on the operation of the telecommunications
3372
access system, which shall be available on the commission's
3373
Internet website. The first report shall be provided no later
3374
than January 1, 1992, and successive reports shall be provided by
3375
January 1 of each year thereafter. Reports shall be prepared in
3376
consultation with the administrator and the advisory committee
3377
appointed pursuant to s. 427.706. The reports shall, at a
3378
minimum, briefly outline the status of developments of the
3379
telecommunications access system, the number of persons served,
3380
the call volume, revenues and expenditures, the allocation of the
3381
revenues and expenditures between provision of specialized
3382
telecommunications devices to individuals and operation of
3383
statewide relay service, other major policy or operational
3384
issues, and proposals for improvements or changes to the
3385
telecommunications access system.
3386
Section 141. Subsection (2) of section 427.706, Florida
3387
Statutes, is amended to read:
3388
427.706 Advisory committee.--
3389
(2) The advisory committee shall provide the expertise,
3390
experience, and perspective of persons who are hearing impaired
3391
or speech impaired to the commission and to the administrator
3392
during all phases of the development and operation of the
3393
telecommunications access system. The advisory committee shall
3394
advise the commission and the administrator on any matter
3395
relating to the quality and cost-effectiveness of the
3396
telecommunications relay service and the specialized
3397
telecommunications devices distribution system. The advisory
3398
committee may submit material for inclusion in the annual report
3399
prepared pursuant to s. 427.704 to the President of the Senate
3400
and the Speaker of the House of Representatives.
3401
Section 142. Paragraph (b) of subsection (3) of section
3402
429.07, Florida Statutes, is amended to read:
3403
429.07 License required; fee.--
3404
(3) In addition to the requirements of s. 408.806, each
3405
license granted by the agency must state the type of care for
3406
which the license is granted. Licenses shall be issued for one or
3407
more of the following categories of care: standard, extended
3408
congregate care, limited nursing services, or limited mental
3409
health.
3410
(b) An extended congregate care license shall be issued to
3411
facilities providing, directly or through contract, services
3412
beyond those authorized in paragraph (a), including services
3413
performed by persons licensed acts performed pursuant to part I
3414
of chapter 464 by persons licensed thereunder, and supportive
3415
services, as defined by rule, to persons who would otherwise
3416
would be disqualified from continued residence in a facility
3417
licensed under this part.
3418
1. In order for extended congregate care services to be
3419
provided in a facility licensed under this part, the agency must
3420
first determine that all requirements established in law and rule
3421
are met and must specifically designate, on the facility's
3422
license, that such services may be provided and whether the
3423
designation applies to all or part of the a facility. Such
3424
designation may be made at the time of initial licensure or
3425
relicensure, or upon request in writing by a licensee under this
3426
part and part II of chapter 408. Notification of approval or
3427
denial of such request shall be made in accordance with part II
3428
of chapter 408. Existing facilities qualifying to provide
3429
extended congregate care services must have maintained a standard
3430
license and may not have been subject to administrative sanctions
3431
during the previous 2 years, or since initial licensure if the
3432
facility has been licensed for less than 2 years, for any of the
3433
following reasons:
3434
a. A class I or class II violation;
3435
b. Three or more repeat or recurring class III violations
3436
of identical or similar resident care standards as specified in
3437
rule from which a pattern of noncompliance is found by the
3438
agency;
3439
c. Three or more class III violations that were not
3440
corrected in accordance with the corrective action plan approved
3441
by the agency;
3442
d. Violation of resident care standards that results in
3443
requiring the facility resulting in a requirement to employ the
3444
services of a consultant pharmacist or consultant dietitian;
3445
e. Denial, suspension, or revocation of a license for
3446
another facility licensed under this part in which the applicant
3447
for an extended congregate care license has at least 25 percent
3448
ownership interest; or
3449
f. Imposition of a moratorium pursuant to this part or part
3450
II of chapter 408 or initiation of injunctive proceedings.
3451
2. A facility that is Facilities that are licensed to
3452
provide extended congregate care services shall maintain a
3453
written progress report on each person who receives such
3454
services, which report describes the type, amount, duration,
3455
scope, and outcome of services that are rendered and the general
3456
status of the resident's health. A registered nurse, or
3457
appropriate designee, representing the agency shall visit the
3458
facility such facilities at least quarterly to monitor residents
3459
who are receiving extended congregate care services and to
3460
determine if the facility is in compliance with this part, part
3461
II of chapter 408, and rules that relate to extended congregate
3462
care. One of these visits may be in conjunction with the regular
3463
survey. The monitoring visits may be provided through contractual
3464
arrangements with appropriate community agencies. A registered
3465
nurse shall serve as part of the team that inspects the such
3466
facility. The agency may waive one of the required yearly
3467
monitoring visits for a facility that has been licensed for at
3468
least 24 months to provide extended congregate care services, if,
3469
during the inspection, the registered nurse determines that
3470
extended congregate care services are being provided
3471
appropriately, and if the facility has no class I or class II
3472
violations and no uncorrected class III violations. Before such
3473
decision is made, The agency must first shall consult with the
3474
long-term care ombudsman council for the area in which the
3475
facility is located to determine if any complaints have been made
3476
and substantiated about the quality of services or care. The
3477
agency may not waive one of the required yearly monitoring visits
3478
if complaints have been made and substantiated.
3479
3. Facilities that are licensed to provide extended
3480
congregate care services must shall:
3481
a. Demonstrate the capability to meet unanticipated
3482
resident service needs.
3483
b. Offer a physical environment that promotes a homelike
3484
setting, provides for resident privacy, promotes resident
3485
independence, and allows sufficient congregate space as defined
3486
by rule.
3487
c. Have sufficient staff available, taking into account the
3488
physical plant and firesafety features of the building, to assist
3489
with the evacuation of residents in an emergency, as necessary.
3490
d. Adopt and follow policies and procedures that maximize
3491
resident independence, dignity, choice, and decisionmaking to
3492
permit residents to age in place to the extent possible, so that
3493
moves due to changes in functional status are minimized or
3494
avoided.
3495
e. Allow residents or, if applicable, a resident's
3496
representative, designee, surrogate, guardian, or attorney in
3497
fact to make a variety of personal choices, participate in
3498
developing service plans, and share responsibility in
3499
decisionmaking.
3500
f. Implement the concept of managed risk.
3501
g. Provide, either directly or through contract, the
3502
services of a person licensed pursuant to part I of chapter 464.
3503
h. In addition to the training mandated in s. 429.52,
3504
provide specialized training as defined by rule for facility
3505
staff.
3506
4. Facilities licensed to provide extended congregate care
3507
services are exempt from the criteria for continued residency as
3508
set forth in rules adopted under s. 429.41. Facilities so
3509
licensed must shall adopt their own requirements within
3510
guidelines for continued residency set forth by rule. However,
3511
such facilities may not serve residents who require 24-hour
3512
nursing supervision. Facilities licensed to provide extended
3513
congregate care services must shall provide each resident with a
3514
written copy of facility policies governing admission and
3515
retention.
3516
5. The primary purpose of extended congregate care services
3517
is to allow residents, as they become more impaired, the option
3518
of remaining in a familiar setting from which they would
3519
otherwise be disqualified for continued residency. A facility
3520
licensed to provide extended congregate care services may also
3521
admit an individual who exceeds the admission criteria for a
3522
facility with a standard license, if the individual is determined
3523
appropriate for admission to the extended congregate care
3524
facility.
3525
6. Before admission of an individual to a facility licensed
3526
to provide extended congregate care services, the individual must
3527
undergo a medical examination as provided in s. 429.26(4) and the
3528
facility must develop a preliminary service plan for the
3529
individual.
3530
7. When a facility can no longer provide or arrange for
3531
services in accordance with the resident's service plan and needs
3532
and the facility's policy, the facility shall make arrangements
3533
for relocating the person in accordance with s. 429.28(1)(k).
3534
8. Failure to provide extended congregate care services may
3535
result in denial of extended congregate care license renewal.
3536
9. No later than January 1 of each year, the department, in
3537
consultation with the agency, shall prepare and submit to the
3538
Governor, the President of the Senate, the Speaker of the House
3539
of Representatives, and the chairs of appropriate legislative
3540
committees, a report on the status of, and recommendations
3541
related to, extended congregate care services. The status report
3542
must include, but need not be limited to, the following
3543
information:
3544
a. A description of the facilities licensed to provide such
3545
services, including total number of beds licensed under this
3546
part.
3547
b. The number and characteristics of residents receiving
3548
such services.
3549
c. The types of services rendered that could not be
3550
provided through a standard license.
3551
d. An analysis of deficiencies cited during licensure
3552
inspections.
3553
e. The number of residents who required extended congregate
3554
care services at admission and the source of admission.
3555
f. Recommendations for statutory or regulatory changes.
3556
g. The availability of extended congregate care to state
3557
clients residing in facilities licensed under this part and in
3558
need of additional services, and recommendations for
3559
appropriations to subsidize extended congregate care services for
3560
such persons.
3561
h. Such other information as the department considers
3562
appropriate.
3563
Section 143. Subsection (2) of section 429.08, Florida
3564
Statutes, is repealed.
3565
Section 144. Subsection (5) of section 429.41, Florida
3566
Statutes, is amended to read:
3567
429.41 Rules establishing standards.--
3568
(5) The agency may use an abbreviated biennial standard
3569
licensure inspection that consists of a review of key quality-of-
3570
care standards in lieu of a full inspection in facilities which
3571
have a good record of past performance. However, a full
3572
inspection must shall be conducted in facilities which have had a
3573
history of class I or class II violations, uncorrected class III
3574
violations, confirmed ombudsman council complaints, or confirmed
3575
licensure complaints, within the previous licensure period
3576
immediately preceding the inspection or when a potentially
3577
serious problem is identified during the abbreviated inspection.
3578
The agency, in consultation with the department, shall develop
3579
the key quality-of-care standards with input from the State Long-
3580
Term Care Ombudsman Council and representatives of provider
3581
groups for incorporation into its rules. The department, in
3582
consultation with the agency, shall report annually to the
3583
Legislature concerning its implementation of this subsection. The
3584
report shall include, at a minimum, the key quality-of-care
3585
standards which have been developed; the number of facilities
3586
identified as being eligible for the abbreviated inspection; the
3587
number of facilities which have received the abbreviated
3588
inspection and, of those, the number that were converted to full
3589
inspection; the number and type of subsequent complaints received
3590
by the agency or department on facilities which have had
3591
abbreviated inspections; any recommendations for modification to
3592
this subsection; any plans by the agency to modify its
3593
implementation of this subsection; and any other information
3594
which the department believes should be reported.
3595
Section 145. Subsections (3) through (17) of section
3596
430.04, Florida Statutes, are amended to read:
3597
430.04 Duties and responsibilities of the Department of
3598
Elderly Affairs.--The Department of Elderly Affairs shall:
3599
(3) Prepare and submit to the Governor, each Cabinet
3600
member, the President of the Senate, the Speaker of the House of
3601
Representatives, the minority leaders of the House and Senate,
3602
and chairpersons of appropriate House and Senate committees a
3603
master plan for policies and programs in the state related to
3604
aging. The plan must identify and assess the needs of the elderly
3605
population in the areas of housing, employment, education and
3606
training, medical care, long-term care, preventive care,
3607
protective services, social services, mental health,
3608
transportation, and long-term care insurance, and other areas
3609
considered appropriate by the department. The plan must assess
3610
the needs of particular subgroups of the population and evaluate
3611
the capacity of existing programs, both public and private and in
3612
state and local agencies, to respond effectively to identified
3613
needs. If the plan recommends the transfer of any program or
3614
service from the Department of Children and Family Services to
3615
another state department, the plan must also include
3616
recommendations that provide for an independent third-party
3617
mechanism, as currently exists in the Florida advocacy councils
3619
constitutional and human rights of recipients of departmental
3620
services. The plan must include policy goals and program
3621
strategies designed to respond efficiently to current and
3622
projected needs. The plan must also include policy goals and
3623
program strategies to promote intergenerational relationships and
3624
activities. Public hearings and other appropriate processes
3625
shall be utilized by the department to solicit input for the
3626
development and updating of the master plan from parties
3627
including, but not limited to, the following:
3628
(a) Elderly citizens and their families and caregivers.
3629
(b) Local-level public and private service providers,
3630
advocacy organizations, and other organizations relating to the
3631
elderly.
3632
(c) Local governments.
3633
(d) All state agencies that provide services to the
3634
elderly.
3635
(e) University centers on aging.
3636
(f) Area agency on aging and community care for the elderly
3637
lead agencies.
3638
(3)(4) Serve as an information clearinghouse at the state
3639
level, and assist local-level information and referral resources
3640
as a repository and means for the dissemination of information
3641
regarding all federal, state, and local resources for assistance
3642
to the elderly in the areas of, but not limited to, health,
3643
social welfare, long-term care, protective services, consumer
3644
protection, education and training, housing, employment,
3645
recreation, transportation, insurance, and retirement.
3646
(4)(5) Recommend guidelines for the development of roles
3647
for state agencies that provide services for the aging, review
3648
plans of agencies that provide such services, and relay these
3649
plans to the Governor and the Legislature, each Cabinet member,
3650
the President of the Senate, the Speaker of the House of
3651
Representatives, the minority leaders of the House and Senate,
3652
and chairpersons of appropriate House and Senate committees.
3653
(5)(6) Recommend to the Governor and the Legislature, each
3654
Cabinet member, the President of the Senate, the Speaker of the
3655
House of Representatives, the minority leaders of the House and
3656
Senate, and chairpersons of appropriate House and Senate
3657
committees an organizational framework for the planning,
3658
coordination, implementation, and evaluation of programs related
3659
to aging, with the purpose of expanding and improving programs
3660
and opportunities available to the state's elderly population and
3661
enhancing a continuum of long-term care. This framework must
3662
assure that:
3663
(a) Performance objectives are established.
3664
(b) Program reviews are conducted statewide.
3665
(c) Each major program related to aging is reviewed every 3
3666
years.
3667
(d) Agency budget requests reflect the results and
3668
recommendations of such program reviews.
3669
(d)(e) Program decisions reinforce lead to the distinctive
3670
roles established for state agencies that provide aging services.
3671
(6)(7) Advise the Governor and the Legislature, each
3672
Cabinet member, the President of the Senate, the Speaker of the
3673
House of Representatives, the minority leaders of the House and
3674
Senate, and the chairpersons of appropriate House and Senate
3675
committees regarding the need for and location of programs
3676
related to aging.
3677
(7)(8) Review and coordinate aging research plans of all
3678
state agencies to ensure that the conformance of research
3679
objectives address to issues and needs of the state's elderly
3680
population addressed in the master plan for policies and programs
3681
related to aging. The research activities that must be reviewed
3682
and coordinated by the department include, but are not limited
3683
to, contracts with academic institutions, development of
3684
educational and training curriculums, Alzheimer's disease and
3685
other medical research, studies of long-term care and other
3686
personal assistance needs, and design of adaptive or modified
3687
living environments.
3688
(8)(9) Review budget requests for programs related to aging
3689
to ensure the most cost-effective use of state funding for the
3690
state's elderly population before for compliance with the master
3691
plan for policies and programs related to aging before submission
3692
to the Governor and the Legislature.
3693
(10) Update the master plan for policies and programs
3694
related to aging every 3 years.
3695
(11) Review implementation of the master plan for programs
3696
and policies related to aging and annually report to the
3697
Governor, each Cabinet member, the President of the Senate, the
3698
Speaker of the House of Representatives, the minority leaders of
3699
the House and Senate, and the chairpersons of appropriate House
3700
and Senate committees the progress towards implementation of the
3701
plan.
3702
(9)(12) Request other departments that administer programs
3703
affecting the state's elderly population to amend their plans,
3704
rules, policies, and research objectives as necessary to ensure
3705
that programs and other initiatives are coordinated and maximize
3706
the state's efforts to address the needs of the elderly conform
3707
with the master plan for policies and programs related to aging.
3708
(10)(13) Hold public meetings regularly throughout the
3709
state for purposes of receiving information and maximizing the
3710
visibility of important issues relating to aging and the elderly.
3711
(11)(14) Conduct policy analysis and program evaluation
3712
studies assigned by the Legislature.
3713
(12)(15) Assist the Governor, each Cabinet member, and
3714
members of the Legislature the President of the Senate, the
3715
Speaker of the House of Representatives, the minority leaders of
3716
the House and Senate, and the chairpersons of appropriate House
3717
and Senate committees in the conduct of their responsibilities in
3718
such capacities as they consider appropriate.
3719
(13)(16) Call upon appropriate agencies of state government
3720
for such assistance as is needed in the discharge of its duties.
3721
All agencies shall cooperate in assisting the department in
3722
carrying out its responsibilities as prescribed by this section.
3723
However, no provision of law with respect to confidentiality of
3724
information may be violated.
3725
(14)(17) Be designated as a state agency that is eligible
3726
to receive federal funds for adults who are eligible for
3727
assistance through the portion of the federal Child and Adult
3728
Care Food Program for adults, which is referred to as the Adult
3729
Care Food Program, and that is responsible for establishing and
3730
administering the program. The purpose of the Adult Care Food
3731
Program is to provide nutritious and wholesome meals and snacks
3732
for adults in nonresidential day care centers or residential
3733
treatment facilities. To ensure the quality and integrity of the
3734
program, the department shall develop standards and procedures
3735
that govern sponsoring organizations and adult day care centers.
3736
The department shall follow federal requirements and may adopt
3738
necessary to administer for the implementation of the Adult Care
3739
Food program and. With respect to the Adult Care Food Program,
3740
the department shall adopt rules pursuant to ss. 120.536(1) and
3741
120.54 that implement relevant federal regulations, including 7
3742
C.F.R. part 226. The rules may address, at a minimum, the program
3743
requirements and procedures identified in this subsection.
3744
Section 146. Subsections (3) and (8) of section 430.502,
3745
Florida Statutes, are amended to read:
3746
430.502 Alzheimer's disease; memory disorder clinics and
3747
day care and respite care programs.--
3748
(3) The Alzheimer's Disease Advisory Committee shall must
3749
evaluate and make recommendations to the department and the
3750
Legislature concerning the need for additional memory disorder
3751
clinics in the state. The first report will be due by December
3752
31, 1995.
3753
(8) The department shall will implement the waiver program
3754
specified in subsection (7). The agency and the department shall
3755
ensure that providers are selected that have a history of
3756
successfully serving persons with Alzheimer's disease. The
3757
department and the agency shall develop specialized standards for
3758
providers and services tailored to persons in the early, middle,
3759
and late stages of Alzheimer's disease and designate a level of
3760
care determination process and standard that is most appropriate
3761
to this population. The department and the agency shall include
3762
in the waiver services designed to assist the caregiver in
3763
continuing to provide in-home care. The department shall
3764
implement this waiver program subject to a specific appropriation
3765
or as provided in the General Appropriations Act. The department
3766
and the agency shall submit their program design to the President
3767
of the Senate and the Speaker of the House of Representatives for
3768
consultation during the development process.
3769
Section 147. Paragraph (c) of subsection (4) of section
3770
445.003, Florida Statutes, is amended to read:
3771
445.003 Implementation of the federal Workforce Investment
3772
Act of 1998.--
3773
(4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
3774
MODIFICATIONS.--
3775
(c) Workforce Florida, Inc., may make modifications to the
3776
state's plan, policies, and procedures to comply with federally
3777
mandated requirements that in its judgment are necessary must be
3778
complied with to maintain funding provided pursuant to Pub. L.
3779
No. 105-220. The board shall notify in writing the Governor, the
3780
President of the Senate, and the Speaker of the House of
3781
Representatives within 30 days after any such changes or
3782
modifications.
3783
Section 148. Subsection (1) and paragraph (a) of subsection
3784
(6) of section 445.006, Florida Statutes, are amended to read:
3785
445.006 Strategic and operational plans for workforce
3786
development.--
3787
(1) Workforce Florida, Inc., in conjunction with state and
3788
local partners in the workforce system, shall develop a strategic
3789
plan having for workforce, with the goal of producing skilled
3790
employees for employers in the state. The strategic plan shall be
3791
submitted to the Governor, the President of the Senate, and the
3792
Speaker of the House of Representatives by February 1, 2001. The
3793
strategic plan shall be updated or modified by January 1 of each
3794
year thereafter. The plan must include, but need not be limited
3795
to, strategies for:
3796
(a) Fulfilling the workforce system goals and strategies
3797
prescribed in s. 445.004;
3798
(b) Aggregating, integrating, and leveraging workforce
3799
system resources;
3800
(c) Coordinating the activities of federal, state, and
3801
local workforce system partners;
3802
(d) Addressing the workforce needs of small businesses; and
3803
(e) Fostering the participation of rural communities and
3804
distressed urban cores in the workforce system.
3805
(6)(a) The operational plan must include strategies that
3806
are designed to prevent or reduce the need for a person to
3807
receive public assistance. These strategies must include:
3808
1. A teen pregnancy prevention component that includes, but
3809
is not limited to, a plan for implementing the Florida Education
3810
Now and Babies Later (ENABL) program under s. 411.242 and the
3811
Teen Pregnancy Prevention Community Initiative within each county
3812
of the services area in which the teen birth rate is higher than
3813
the state average;
3814
2. A component that encourages creation of community-based
3815
welfare prevention and reduction initiatives that increase
3816
support provided by noncustodial parents to their welfare-
3817
dependent children and are consistent with program and financial
3818
guidelines developed by Workforce Florida, Inc., and the
3819
Commission on Responsible Fatherhood. These initiatives may
3820
include, but are not limited to, improved paternity
3821
establishment, work activities for noncustodial parents, programs
3822
aimed at decreasing out-of-wedlock pregnancies, encouraging
3823
involvement of fathers with their children including court-
3824
ordered supervised visitation, and increasing child support
3825
payments;
3826
3. A component that encourages formation and maintenance of
3827
two-parent families through, among other things, court-ordered
3828
supervised visitation;
3829
4. A component that fosters responsible fatherhood in
3830
families receiving assistance; and
3831
5. A component that fosters provision of services that
3832
reduce the incidence and effects of domestic violence on women
3833
and children in families receiving assistance.
3834
Section 149. Subsection (4) of section 445.022, Florida
3835
Statutes, is repealed.
3836
Section 150. Paragraphs (a) and (c) of subsection (4) of
3837
section 446.50, Florida Statutes, are amended to read:
3838
446.50 Displaced homemakers; multiservice programs; report
3839
to the Legislature; Displaced Homemaker Trust Fund created.--
3840
(4) STATE PLAN.--
3841
(a) The Agency for Workforce Innovation shall develop a 3-
3842
year state plan for the displaced homemaker program which shall
3843
be updated annually and submitted to the Legislature by January
3844
1. The plan must address, at a minimum, the need for programs
3845
specifically designed to serve displaced homemakers, any
3846
necessary service components for such programs in addition to
3847
those enumerated in this section, goals of the displaced
3848
homemaker program including with an analysis of the extent to
3849
which those goals are being met, and recommendations for ways to
3850
address any unmet program goals. Any request for funds for
3851
program expansion must be based on the state plan.
3852
(c) The 3-year state plan must be submitted to the
3853
President of the Senate, the Speaker of the House of
3854
Representatives, and the Governor on or before January 1, 2001,
3855
and annual updates of the plan must be submitted by January 1 of
3856
each subsequent year.
3857
Section 151. Section 455.204, Florida Statutes, is
3858
repealed.
3859
Section 152. Subsection (8) of section 455.2226, Florida
3860
Statutes, is repealed.
3861
Section 153. Subsection (6) of section 455.2228, Florida
3862
Statutes, is repealed.
3863
Section 154. Section 456.005, Florida Statutes, is amended
3864
to read:
3865
456.005 Long-range policy planning; plans, reports, and
3866
recommendations.--To facilitate efficient and cost-effective
3867
regulation, the department and the board, where appropriate,
3868
shall develop and implement a long-range policy planning and
3869
monitoring process that includes to include recommendations
3870
specific to each profession. Such process shall include
3871
estimates of revenues, expenditures, cash balances, and
3872
performance statistics for each profession. The period covered
3873
shall not be less than 5 years. The department, with input from
3874
the boards and licensees, shall develop and adopt the long-range
3875
plan and must obtain the approval of the State Surgeon General.
3876
The department shall monitor compliance with the approved long-
3877
range plan and, with input from the boards and licensees, shall
3878
annually update the plans for approval by the State Surgeon
3879
General. The department shall provide concise management reports
3880
to the boards quarterly. As part of the review process, the
3881
department shall evaluate:
3882
(1) Whether the department, including the boards and the
3883
various functions performed by the department, is operating
3884
efficiently and effectively and if there is a need for a board or
3885
council to assist in cost-effective regulation.
3886
(2) How and why the various professions are regulated.
3887
(3) Whether there is a need to continue regulation, and to
3888
what degree.
3889
(4) Whether or not consumer protection is adequate, and how
3890
it can be improved.
3891
(5) Whether there is consistency between the various
3892
practice acts.
3893
(6) Whether unlicensed activity is adequately enforced.
3894
3895
Such plans should include conclusions and recommendations on
3896
these and other issues as appropriate. Such plans shall be
3897
provided to the Governor and the Legislature by November 1 of
3898
each year.
3899
Section 155. Subsection (9) of section 456.025, Florida
3900
Statutes, is amended to read:
3901
456.025 Fees; receipts; disposition.--
3902
(9) The department shall provide a condensed management
3903
report of revenues and expenditures budgets, finances,
3904
performance measures statistics, and recommendations to each
3905
board at least once a quarter. The department shall identify and
3906
include in such presentations any changes, or projected changes,
3907
made to the board's budget since the last presentation.
3908
Section 156. Subsection (6) of section 456.034, Florida
3909
Statutes, is repealed.
3910
Section 157. Subsections (3) and (4) of section 517.302,
3911
Florida Statutes, are amended to read:
3912
517.302 Criminal penalties; alternative fine; Anti-Fraud
3913
Trust Fund; time limitation for criminal prosecution.--
3914
(3) In lieu of a fine otherwise authorized by law, a person
3915
who has been convicted of or who has pleaded guilty or no contest
3916
to having engaged in conduct in violation of the provisions of
3917
this chapter may be sentenced to pay a fine that does not exceed
3918
the greater of three times the gross value gained or three times
3919
the gross loss caused by such conduct, plus court costs and the
3920
costs of investigation and prosecution reasonably incurred.
3921
(4)(a) There is created within the office a trust fund to
3922
be known as the Anti-Fraud Trust Fund. Any amounts assessed as
3923
costs of investigation and prosecution under this subsection
3924
shall be deposited in the trust fund. Funds deposited in such
3925
trust fund must shall be used, when authorized by appropriation,
3926
for investigation and prosecution of administrative, civil, and
3927
criminal actions arising under the provisions of this chapter.
3928
Funds may also be used to improve the public's awareness and
3929
understanding of prudent investing.
3930
(b) The office shall report to the Executive Office of the
3931
Governor annually by November 15, the amounts deposited into the
3932
Anti-Fraud Trust Fund during the previous fiscal year. The
3933
Executive Office of the Governor shall distribute these reports
3934
to the President of the Senate and the Speaker of the House of
3935
Representatives.
3936
(5)(4) Criminal prosecution for offenses under this chapter
3937
is subject to the time limitations of s. 775.15.
3938
Section 158. Subsection (3) of section 531.415, Florida
3939
Statutes, is repealed.
3940
Section 159. Section 553.975, Florida Statutes, is
3941
repealed.
3942
Section 160. Subsection (3) of section 570.0705, Florida
3943
Statutes, is repealed.
3944
Section 161. Subsection (5) of section 570.0725, Florida
3945
Statutes, is repealed.
3946
Section 162. Subsection (3) of section 570.543, Florida
3947
Statutes, is repealed.
3948
Section 163. Section 603.204, Florida Statutes, is amended
3949
to read:
3950
603.204 South Florida Tropical Fruit Plan.--
3951
(1) The Commissioner of Agriculture, in consultation with
3952
the Tropical Fruit Advisory Council, shall develop and update, at
3953
least 90 days prior to the 1991 legislative session, submit to
3954
the President of the Senate, the Speaker of the House of
3955
Representatives, and the chairs of appropriate Senate and House
3956
of Representatives committees, a South Florida Tropical Fruit
3957
Plan, which shall identify problems and constraints of the
3958
tropical fruit industry, propose possible solutions to such
3959
problems, and develop planning mechanisms for orderly growth of
3960
the industry, including:
3961
(1)(a) Criteria for tropical fruit research, service, and
3962
management priorities.
3963
(2)(b) Additional Proposed legislation that which may be
3964
required.
3965
(3)(c) Plans relating to other tropical fruit programs and
3966
related disciplines in the State University System.
3967
(4)(d) Potential tropical fruit products in terms of market
3968
and needs for development.
3969
(5)(e) Evaluation of production and fresh fruit policy
3970
alternatives, including, but not limited to, setting minimum
3971
grades and standards, promotion and advertising, development of
3972
production and marketing strategies, and setting minimum
3973
standards on types and quality of nursery plants.
3974
(6)(f) Evaluation of policy alternatives for processed
3975
tropical fruit products, including, but not limited to, setting
3976
minimum quality standards and development of production and
3977
marketing strategies.
3978
(7)(g) Research and service priorities for further
3979
development of the tropical fruit industry.
3980
(8)(h) Identification of state agencies and public and
3981
private institutions concerned with research, education,
3982
extension, services, planning, promotion, and marketing functions
3983
related to tropical fruit development, and delineation of
3984
contributions and responsibilities. The recommendations in the
3985
South Florida Tropical Fruit plan relating to education or
3986
research shall be submitted to the Institute of Food and
3987
Agricultural Sciences. The recommendations relating to regulation
3988
or marketing shall be submitted to the Department of Agriculture
3989
and Consumer Services.
3990
(9)(i) Business planning, investment potential, financial
3991
risks, and economics of production and utilization.
3992
(2) A revision and update of the South Florida Tropical
3993
Fruit Plan shall be submitted biennially, and a progress report
3994
and budget request shall be submitted annually, to the officials
3995
specified in subsection (1).
3996
Section 164. Subsection (6) of section 627.64872, Florida
3997
Statutes, is amended to read:
3998
627.64872 Florida Health Insurance Plan.--
3999
(6) INTERIM REPORT; ANNUAL REPORT.--
4000
(a) By no later than December 1, 2004, the board shall
4001
report to the Governor, the President of the Senate, and the
4002
Speaker of the House of Representatives the results of an
4003
actuarial study conducted by the board to determine, including,
4004
but not limited to:
4005
1. The impact the creation of the plan will have on the
4006
small group insurance market and the individual market on
4007
premiums paid by insureds. This shall include an estimate of the
4008
total anticipated aggregate savings for all small employers in
4009
the state.
4010
2. The number of individuals the pool could reasonably
4011
cover at various funding levels, specifically, the number of
4012
people the pool may cover at each of those funding levels.
4013
3. A recommendation as to the best source of funding for
4014
the anticipated deficits of the pool.
4015
4. The effect on the individual and small group market by
4016
including in the Florida Health Insurance Plan persons eligible
4017
for coverage under s. 627.6487, as well as the cost of including
4018
these individuals.
4019
4020
The board shall take no action to implement the Florida Health
4021
Insurance Plan, other than the completion of the actuarial study
4022
authorized in this paragraph, until funds are appropriated for
4023
startup cost and any projected deficits.
4024
(b) No later than December 1, 2005, and annually
4025
thereafter, The board shall annually submit to the Governor, the
4026
President of the Senate, and the Speaker of the House of
4027
Representatives, and the substantive legislative committees of
4028
the Legislature a report that which includes an independent
4029
actuarial study to determine, without limitation, the following
4030
including, but not be limited to:
4031
(a)1. The effect impact the creation of the plan has on the
4032
small group and individual insurance market, specifically on the
4033
premiums paid by insureds including. This shall include an
4034
estimate of the total anticipated aggregate savings for all small
4035
employers in the state.
4036
(b)2. The actual number of individuals covered at the
4037
current funding and benefit level, the projected number of
4038
individuals that may seek coverage in the forthcoming fiscal
4039
year, and the projected funding needed to cover anticipated
4040
increase or decrease in plan participation.
4041
(c)3. A recommendation as to the best source of funding for
4042
the anticipated deficits of the pool.
4043
(d)4. A summary summarization of the activities of the plan
4044
in the preceding calendar year, including the net written and
4045
earned premiums, plan enrollment, the expense of administration,
4046
and the paid and incurred losses.
4047
(e)5. A review of the operation of the plan as to whether
4048
the plan has met the intent of this section.
4049
4050
The board shall take no action to implement the Florida Health
4051
Insurance Plan, other than the completion of the actuarial study
4052
authorized in this subsection, until funds are appropriated for
4053
startup costs and any projected deficits.
4054
Section 165. Subsections (5) and (7) of section 744.708,
4055
Florida Statutes, are amended to read:
4056
744.708 Reports and standards.--
4057
(5)(a) Each office of public guardian shall undergo an
4058
independent audit by a qualified certified public accountant at
4059
least once every 2 years. A copy of the audit report shall be
4060
submitted to the Statewide Public Guardianship Office.
4061
(b) In addition to regular monitoring activities, the
4062
Statewide Public Guardianship Office shall conduct an
4063
investigation into the practices of each office of public
4064
guardian related to the managing of each ward's personal affairs
4065
and property. When feasible, the investigation required under
4066
this paragraph shall be conducted in conjunction with the
4067
financial audit of each office of public guardian under paragraph
4068
(a).
4069
(c) In addition, each office of public guardian shall be
4070
subject to audits or examinations by the Auditor General and the
4071
Office of Program Policy Analysis and Government Accountability
4072
pursuant to law.
4073
(7) The ratio for professional staff to wards shall be 1
4074
professional to 40 wards. The Statewide Public Guardianship
4075
Office may increase or decrease the ratio after consultation with
4076
the local public guardian and the chief judge of the circuit
4077
court. The basis of the decision to increase or decrease the
4078
prescribed ratio shall be included reported in the annual report
4079
to the secretary of Elderly Affairs, the Governor, the President
4080
of the Senate, the Speaker of the House of Representatives, and
4081
the Chief Justice of the Supreme Court.
4082
Section 166. Subsection (3) of section 765.5215, Florida
4083
Statutes, is repealed.
4084
Section 167. Subsection (6) of section 768.295, Florida
4085
Statutes, is amended to read:
4086
768.295 Strategic Lawsuits Against Public Participation
4087
(SLAPP) suits by governmental entities prohibited.--
4088
(6) In any case filed by a governmental entity which is
4089
found by a court to be in violation of this section, the
4090
governmental entity shall report such finding and provide a copy
4091
of the court's order to the Attorney General no later than 30
4092
days after such order is final. The Attorney General shall
4093
maintain a record of such court orders report any violation of
4094
this section by a governmental entity to the Cabinet, the
4095
President of the Senate, and the Speaker of the House of
4096
Representatives. A copy of such report shall be provided to the
4097
affected governmental entity.
4098
Section 168. Paragraph (c) of subsection (3) of section
4099
775.084, Florida Statutes, is amended to read:
4100
775.084 Violent career criminals; habitual felony offenders
4101
and habitual violent felony offenders; three-time violent felony
4102
offenders; definitions; procedure; enhanced penalties or
4103
mandatory minimum prison terms.--
4104
(3)
4105
(c) In a separate proceeding, the court shall determine
4106
whether the defendant is a violent career criminal with respect
4107
to a primary offense committed on or after October 1, 1995. The
4108
procedure shall be as follows:
4109
1. Written notice shall be served on the defendant and the
4110
defendant's attorney a sufficient time prior to the entry of a
4111
plea or prior to the imposition of sentence in order to allow the
4112
preparation of a submission on behalf of the defendant.
4113
2. All evidence presented shall be presented in open court
4114
with full rights of confrontation, cross-examination, and
4115
representation by counsel.
4116
3. Each of the findings required as the basis for such
4117
sentence shall be found to exist by a preponderance of the
4118
evidence and shall be appealable only as provided in paragraph
4119
(d).
4120
4. For the purpose of identification, the court shall
4121
fingerprint the defendant pursuant to s. 921.241.
4122
5. For an offense committed on or after October 1, 1995, if
4123
the state attorney pursues a violent career criminal sanction
4124
against the defendant and the court, in a separate proceeding
4125
pursuant to this paragraph, determines that the defendant meets
4126
the criteria under subsection (1) for imposing such sanction, the
4127
court must sentence the defendant as a violent career criminal,
4128
subject to imprisonment pursuant to this section unless the court
4129
finds that such sentence is not necessary for the protection of
4130
the public. If the court finds that it is not necessary for the
4131
protection of the public to sentence the defendant as a violent
4132
career criminal, the court shall provide written reasons; a
4133
written transcript of orally stated reasons is permissible, if
4134
filed by the court within 7 days after the date of sentencing.
4135
Each month, the court shall submit to the Office of Economic and
4136
Demographic Research of the Legislature the written reasons or
4137
transcripts in each case in which the court determines not to
4138
sentence a defendant as a violent career criminal as provided in
4139
this subparagraph.
4140
Section 169. Subsection (8) of section 790.22, Florida
4141
Statutes, is amended to read:
4142
790.22 Use of BB guns, air or gas-operated guns, or
4143
electric weapons or devices by minor under 16; limitation;
4144
possession of firearms by minor under 18 prohibited; penalties.--
4146
under 18 years of age is charged with an offense that involves
4147
the use or possession of a firearm, as defined in s. 790.001,
4148
including a violation of subsection (3), or is charged for any
4149
offense during the commission of which the minor possessed a
4150
firearm, the minor shall be detained in secure detention, unless
4151
the state attorney authorizes the release of the minor, and shall
4152
be given a hearing within 24 hours after being taken into
4153
custody. At the hearing, the court may order that the minor
4154
continue to be held in secure detention in accordance with the
4155
applicable time periods specified in s. 985.26(1)-(5), if the
4156
court finds that the minor meets the criteria specified in s.
4157
985.255, or if the court finds by clear and convincing evidence
4158
that the minor is a clear and present danger to himself or
4159
herself or the community. The Department of Juvenile Justice
4160
shall prepare a form for all minors charged under this subsection
4161
that states the period of detention and the relevant demographic
4162
information, including, but not limited to, the sex, age, and
4163
race of the minor; whether or not the minor was represented by
4164
private counsel or a public defender; the current offense; and
4165
the minor's complete prior record, including any pending cases.
4166
The form shall be provided to the judge to be considered when
4167
determining whether the minor should be continued in secure
4168
detention under this subsection. An order placing a minor in
4169
secure detention because the minor is a clear and present danger
4170
to himself or herself or the community must be in writing, must
4171
specify the need for detention and the benefits derived by the
4172
minor or the community by placing the minor in secure detention,
4173
and must include a copy of the form provided by the department.
4174
The Department of Juvenile Justice must send the form, including
4175
a copy of any order, without client-identifying information, to
4176
the Office of Economic and Demographic Research.
4177
Section 170. Section 943.125, Florida Statutes, is amended
4178
to read:
4179
943.125 Law enforcement agency accreditation; intent.--
4180
(1) LEGISLATIVE INTENT.--
4181
(1)(a) It is the intent of the Legislature that law
4182
enforcement agencies in the state be upgraded and strengthened
4183
through the adoption of meaningful standards of operation for
4184
those agencies.
4185
(2)(b) It is the further intent of the Legislature that law
4186
enforcement agencies voluntarily adopt standards designed to
4187
promote equal and fair law enforcement, to maximize the
4188
capability of law enforcement agencies to prevent and control
4189
criminal activities, and to increase interagency cooperation
4190
throughout the state.
4191
(3)(c) It is further the intent of the Legislature to
4192
encourage the Florida Sheriffs Association and the Florida Police
4193
Chiefs Association to develop, either jointly or separately, a
4194
law enforcement agency accreditation program. The Such program
4195
must shall be independent of any law enforcement agency, the
4196
Florida Sheriffs Association, or the Florida Police Chiefs
4197
Association. The Any such law enforcement agency accreditation
4198
program should address, at a minimum, the following aspects of
4199
law enforcement:
4200
(a)1. Vehicle pursuits.
4201
(b)2. Seizure and forfeiture of contraband articles.
4202
(c)3. Recording and processing citizens' complaints.
4203
(d)4. Use of force.
4204
(e)5. Traffic stops.
4205
(f)6. Handling natural and manmade disasters.
4206
(g)7. Special operations.
4207
(h)8. Prisoner transfer.
4208
(i)9. Collection and preservation of evidence.
4209
(j)10. Recruitment and selection.
4210
(k)11. Officer training.
4211
(l)12. Performance evaluations.
4212
(m)13. Law enforcement disciplinary procedures and rights.
4213
(n)14. Use of criminal investigative funds.
4214
(2) FEASIBILITY AND STATUS REPORT.--The Florida Sheriffs
4215
Association and the Florida Police Chiefs Association, either
4216
jointly or separately, shall report to the Speaker of the House
4217
of Representatives and the President of the Senate regarding the
4218
feasibility of a law enforcement agency accreditation program and
4219
the status of the efforts of the Florida Sheriffs Association and
4220
the Florida Police Chiefs Association to develop a law
4221
enforcement agency accreditation program as provided in this
4222
section.
4223
Section 171. Subsection (9) of section 943.68, Florida
4224
Statutes, is amended to read:
4225
943.68 Transportation and protective services.--
4226
(9) The department shall submit a report each July 15 to
4227
the President of the Senate, Speaker of the House of
4228
Representatives, Governor, the Legislature, and members of the
4229
Cabinet, detailing all transportation and protective services
4230
provided under subsections (1), (5), and (6) within the preceding
4231
fiscal year. Each report shall include a detailed accounting of
4232
the cost of such transportation and protective services,
4233
including the names of persons provided such services and the
4234
nature of state business performed.
4235
Section 172. Section 944.023, Florida Statutes, is amended
4236
to read:
4237
944.023 Institutional capacity Comprehensive correctional
4238
master plan.--
4239
(1) As used in this section and s. 944.0231, the term:
4240
(a) "Criminal Justice Estimating Conference" means the
4241
Criminal Justice Estimating Conference referred to in s. 216.136
4242
s. 216.136(5).
4243
(b) "Total capacity" of the state correctional system means
4244
the total design capacity of all institutions and facilities in
4245
the state correctional system, which may include those facilities
4246
authorized and funded under chapter 957, increased by one-half,
4247
with the following exceptions:
4248
1. Medical and mental health beds must remain at design
4249
capacity.
4250
2. Community-based contracted beds must remain at design
4251
capacity.
4252
3. The one-inmate-per-cell requirement at Florida State
4253
Prison and other maximum security facilities must be maintained
4254
pursuant to paragraph (3)(a) (7)(a).
4255
4. Community correctional centers and drug treatment
4256
centers must be increased by one-third.
4257
5. A housing unit may not exceed its maximum capacity
4258
pursuant to paragraphs (3)(a) (7)(a) and (b).
4259
6. A number of beds equal to 5 percent of total capacity
4260
shall be deducted for management beds at institutions.
4261
(c) "State correctional system" means the correctional
4262
system as defined in s. 944.02.
4263
(2) The department shall develop a comprehensive
4264
correctional master plan. The master plan shall project the
4265
needs for the state correctional system for the coming 5-year
4266
period and shall be updated annually and submitted to the
4267
Governor's office and the Legislature at the same time the
4268
department submits its legislative budget request as provided in
4269
chapter 216.
4270
(3) The purposes of the comprehensive correctional master
4271
plan shall be:
4272
(a) To ensure that the penalties of the criminal justice
4273
system are completely and effectively administered to the
4274
convicted criminals and, to the maximum extent possible, that the
4275
criminal is provided opportunities for self-improvement and
4276
returned to freedom as a productive member of society.
4277
(b) To the extent possible, to protect the public safety
4278
and the law-abiding citizens of this state and to carry out the
4279
laws protecting the rights of the victims of convicted criminals.
4280
(c) To develop and maintain a humane system of punishment
4281
providing prison inmates with proper housing, nourishment, and
4282
medical attention.
4283
(d) To provide fair and adequate compensation and benefits
4284
to the employees of the state correctional system.
4285
(e) To the extent possible, to maximize the effective and
4286
efficient use of the principles used in private business.
4287
(f) To provide that convicted criminals not be incarcerated
4288
for any longer period of time or in any more secure facility than
4289
is necessary to ensure adequate sanctions, rehabilitation of
4290
offenders, and protection of public safety.
4291
(4) The comprehensive correctional master plan shall use
4292
the estimates of the Criminal Justice Estimating Conference and
4293
shall include:
4294
(a) A plan for the decentralization of reception and
4295
classification facilities for the implementation of a systemwide
4296
diagnosis-and-evaluation capability for adult offenders. The
4297
plan shall provide for a system of psychological testing and
4298
evaluation as well as medical screening through department
4299
resources or with other public or private agencies through a
4300
purchase-of-services agreement.
4301
(b) A plan developed by the department for the
4302
comprehensive vocational and educational training of, and
4303
treatment programs for, offenders and their evaluation within
4304
each institution, program, or facility of the department, based
4305
upon the identified needs of the offender and the requirements of
4306
the employment market.
4307
(c) A plan contracting with local facilities and programs
4308
as short-term confinement resources of the department for
4309
offenders who are sentenced to 3 years or less, or who are within
4310
3 years or less of their anticipated release date, and
4311
integration of detention services which have community-based
4312
programs. The plan shall designate such facilities and programs
4313
by region of the state and identify, by county, the capability
4314
for local incarceration.
4315
(d) A detailed analysis of methods to implement diversified
4316
alternatives to institutionalization when such alternatives can
4317
be safely employed. The analysis shall include an assessment of
4318
current pretrial intervention, probation, and community control
4319
alternatives and their cost-effectiveness with regard to
4320
restitution to victims, reimbursements for cost of supervision,
4321
and subsequent violations resulting in commitments to the
4322
department. Such analysis shall also include an assessment of
4323
current use of electronic surveillance of offenders and projected
4324
potential for diverting additional categories of offenders from
4325
incarceration within the department.
4326
(e) A detailed analysis of current incarceration rates of
4327
both the state and county correctional systems with the
4328
calculation by the department of the current and projected ratios
4329
of inmates in the correctional system, as defined in s. 945.01,
4330
to the general population of the state which will serve as a
4331
basis for projecting construction needs.
4332
(f) A plan for community-based facilities and programs for
4333
the reintegration of offenders into society whereby inmates who
4334
are being released shall receive assistance. Such assistance may
4335
be through work-release, transition assistance, release
4336
assistance stipend, contract release, postrelease special
4337
services, temporary housing, or job placement programs.
4338
(g) A plan reflecting parity of pay or comparable economic
4339
benefits for correctional officers with that of law enforcement
4340
officers in this state, and an assessment of projected impacts on
4341
turnover rates within the department.
4342
(h) A plan containing habitability criteria which defines
4343
when beds are available and functional for use by inmates, and
4344
containing factors which define when institutions and facilities
4345
may be added to the inventory of the state correctional system.
4346
(5) The comprehensive correctional master plan shall
4347
project by year the total operating and capital outlay costs
4348
necessary for constructing a sufficient number of prison beds to
4349
avoid a deficiency in prison beds. Included in the master plan
4350
which projects operating and capital outlay costs shall be a
4351
siting plan which shall assess, rank, and designate appropriate
4352
sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
4353
include an assessment of the department's current capability for
4354
providing the degree of security necessary to ensure public
4355
safety and should reflect the levels of security needed for the
4356
forecasted admissions of various types of offenders based upon
4357
sentence lengths and severity of offenses. The plan shall also
4358
provide construction options for targeting violent and habitual
4359
offenders for incarceration while providing specific alternatives
4360
for the various categories of lesser offenders.
4361
(2)(6) Institutions within the state correctional system
4362
shall have the following design capacity factors:
4363
(a) Rooms and prison cells between 40 square feet and 90
4364
square feet, inclusive: one inmate per room or prison cell.
4365
(b) Dormitory-style rooms and other rooms exceeding 90
4366
square feet: one inmate per 55 square feet.
4367
(c) At institutions with rooms or cells, except to the
4368
extent that separate confinement cells have been constructed, a
4369
number of rooms or prison cells equal to 3 percent of total
4370
design capacity must be deducted from design capacity and set
4371
aside for confinement purposes.
4372
(d) Bed count calculations used to determine design
4373
capacity shall only include beds which are functional and
4374
available for use by inmates.
4375
(3)(7) Institutions within the state correctional system
4376
shall have the following maximum capacity factors:
4377
(a) Rooms and prison cells between 40 square feet and 60
4378
square feet, inclusive: one inmate per room or cell. If the
4379
room or prison cell is between 60 square feet and 90 square feet,
4380
inclusive, two inmates are allowed in each room, except that one
4381
inmate per room or prison cell is allowed at Florida State Prison
4382
or any other maximum security institution or facility which may
4383
be constructed.
4384
(b) Dormitory-style rooms and other rooms exceeding 90
4385
square feet: one inmate per 37.5 square feet. Double-bunking is
4386
generally allowed only along the outer walls of a dormitory.
4387
(c) At institutions with rooms or cells, except to the
4388
extent that separate confinement cells have been constructed, a
4389
number of rooms or prison cells equal to 3 percent of total
4390
maximum capacity are not available for maximum capacity, and must
4391
be set aside for confinement purposes, thereby reducing maximum
4392
capacity by 6 percent since these rooms would otherwise house two
4393
inmates.
4394
(d) A number of beds equal to 5 percent of total maximum
4395
capacity must be deducted for management at institutions.
4396
Section 173. Paragraph (f) of subsection (3) of section
4397
944.801, Florida Statutes, is amended to read:
4398
944.801 Education for state prisoners.--
4399
(3) The responsibilities of the Correctional Education
4400
Program shall be to:
4401
(f) Report annual activities to the Secretary of
4402
Corrections, the Commissioner of Education, the Governor, and the
4403
Legislature.
4404
Section 174. Subsection (10) of section 945.35, Florida
4405
Statutes, is repealed.
4406
Section 175. Paragraph (d) of subsection (8) of section
4407
948.10, Florida Statutes, is repealed.
4408
Section 176. Subsection (9) of section 958.045, Florida
4409
Statutes, is repealed.
4410
Section 177. Paragraph (c) of subsection (1) of section
4411
960.045, Florida Statutes, is amended to read:
4412
960.045 Department of Legal Affairs; powers and duties.--It
4413
shall be the duty of the department to assist persons who are
4414
victims of crime.
4415
(1) The department shall:
4416
(c) Prepare an annual Render, prior to January 1 of each
4417
year, to the presiding officers of the Senate and House of
4418
Representatives a written report of the activities of the Crime
4419
Victims' Services Office, which shall be available on the
4420
department's Internet website.
4421
Section 178. Paragraph (c) of subsection (8) of section
4422
985.02, Florida Statutes, is repealed.
4423
Section 179. Subsections (3), (4), and (5) of section
4424
985.047, Florida Statutes, are amended to read:
4425
985.047 Information systems.--
4426
(3) In order to assist in the integration of the
4427
information to be shared, the sharing of information obtained,
4428
the joint planning on diversion and early intervention strategies
4429
for juveniles at risk of becoming serious habitual juvenile
4430
offenders, and the intervention strategies for serious habitual
4431
juvenile offenders, a multiagency task force should be organized
4432
and utilized by the law enforcement agency or county in
4433
conjunction with the initiation of the information system
4434
described in subsections (1) and (2). The multiagency task force
4435
shall be composed of representatives of those agencies and
4436
persons providing information for the central identification file
4437
and the multiagency information sheet.
4438
(4) This multiagency task force shall develop a plan for
4439
the information system that includes measures which identify and
4440
address any disproportionate representation of ethnic or racial
4441
minorities in the information systems and shall develop
4442
strategies that address the protection of individual
4443
constitutional rights.
4444
(3)(5) Any law enforcement agency, or county that which
4445
implements a juvenile offender information system and the
4446
multiagency task force which maintain the information system must
4447
annually provide any information gathered during the previous
4448
year to the delinquency and gang prevention council of the
4449
judicial circuit in which the county is located. This
4450
information must shall include the number, types, and patterns of
4451
delinquency tracked by the juvenile offender information system.
4452
Section 180. Paragraph (a) of subsection (8) of section
4453
985.47, Florida Statutes, is amended to read:
4454
985.47 Serious or habitual juvenile offender.--
4455
(8) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to this
4456
chapter and the establishment of appropriate program guidelines
4457
and standards, contractual instruments, which shall include
4458
safeguards of all constitutional rights, shall be developed as
4459
follows:
4460
(a) The department shall provide for:
4461
1. The oversight of implementation of assessment and
4462
treatment approaches.
4463
2. The identification and prequalification of appropriate
4464
individuals or not-for-profit organizations, including minority
4465
individuals or organizations when possible, to provide assessment
4466
and treatment services to serious or habitual delinquent
4467
children.
4468
3. The monitoring and evaluation of assessment and
4469
treatment services for compliance with this chapter and all
4470
applicable rules and guidelines pursuant thereto.
4471
4. The development of an annual report on the performance
4472
of assessment and treatment to be presented to the Governor, the
4473
Attorney General, the President of the Senate, the Speaker of the
4474
House of Representatives, and the Auditor General no later than
4475
January 1 of each year.
4476
Section 181. Paragraph (a) of subsection (8) of section
4477
985.483, Florida Statutes, is amended to read:
4478
985.483 Intensive residential treatment program for
4479
offenders less than 13 years of age.--
4480
(8) ASSESSMENT AND TREATMENT SERVICES.--Pursuant to this
4481
chapter and the establishment of appropriate program guidelines
4482
and standards, contractual instruments, which shall include
4483
safeguards of all constitutional rights, shall be developed for
4484
intensive residential treatment programs for offenders less than
4485
13 years of age as follows:
4486
(a) The department shall provide for:
4487
1. The oversight of implementation of assessment and
4488
treatment approaches.
4489
2. The identification and prequalification of appropriate
4490
individuals or not-for-profit organizations, including minority
4491
individuals or organizations when possible, to provide assessment
4492
and treatment services to intensive offenders less than 13 years
4493
of age.
4494
3. The monitoring and evaluation of assessment and
4495
treatment services for compliance with this chapter and all
4496
applicable rules and guidelines pursuant thereto.
4497
4. The development of an annual report on the performance
4498
of assessment and treatment to be presented to the Governor, the
4499
Attorney General, the President of the Senate, the Speaker of the
4500
House of Representatives, the Auditor General, and the Office of
4501
Program Policy Analysis and Government Accountability no later
4502
than January 1 of each year.
4503
Section 182. Subsection (5) of section 985.61, Florida
4504
Statutes, is repealed.
4505
Section 183. Subsection (1) of section 985.622, Florida
4506
Statutes, is amended to read:
4507
985.622 Multiagency plan for vocational education.--
4508
(1) The Department of Juvenile Justice and the Department
4509
of Education shall, in consultation with the statewide Workforce
4510
Development Youth Council, school districts, providers, and
4511
others, jointly develop a multiagency plan for vocational
4512
education which that establishes the curriculum, goals, and
4513
outcome measures for vocational programs in juvenile commitment
4514
facilities. The plan must include:
4515
(a) Provisions for maximizing appropriate state and federal
4516
funding sources, including funds under the Workforce Investment
4517
Act and the Perkins Act;
4518
(b) The responsibilities of both departments and all other
4519
appropriate entities; and
4520
(c) A detailed implementation schedule.
4521
4522
The plan must be submitted to the Governor, the President of the
4523
Senate, and the Speaker of the House of Representatives by May 1,
4524
2001.
4525
Section 184. Subsection (7) of section 985.632, Florida
4526
Statutes, is repealed.
4527
Section 185. Subsection (19) of section 1002.34, Florida
4528
Statutes, is repealed.
4529
Section 186. Subsection (4) of section 1003.61, Florida
4530
Statutes, is repealed.
4531
Section 187. Subsections (5) through (13) of section
4532
1004.22, Florida Statutes, are amended to read:
4533
1004.22 Divisions of sponsored research at state
4534
universities.--
4535
(5) Moneys deposited in the permanent sponsored research
4536
development fund of a university shall be disbursed in accordance
4537
with the terms of the contract, grant, or donation under which
4538
they are received. Moneys received for overhead or indirect costs
4539
and other moneys not required for the payment of direct costs
4540
shall be applied to the cost of operating the division of
4541
sponsored research. Any surplus moneys shall be used to support
4542
other research or sponsored training programs in any area of the
4543
university. Transportation and per diem expense allowances are
4544
shall be the same as those provided by law in s. 112.061, except
4545
that personnel performing travel under a sponsored research
4546
subcontract may be reimbursed for travel expenses in accordance
4547
with the provisions of the applicable prime contract or grant and
4548
the travel allowances established by the subcontractor, subject
4549
to the requirements of subsection (6) (7), or except as provided
4550
in subsection (10) (11).
4551
(6)(a) Each university shall submit to the Board of
4552
Governors a report of the activities of each division of
4553
sponsored research together with an estimated budget for the next
4554
fiscal year.
4555
(b) Not less than 90 days prior to the convening of each
4556
regular session of the Legislature in which an appropriation
4557
shall be made, the Board of Governors shall submit to the chair
4558
of the appropriations committee of each house of the Legislature
4559
a compiled report, together with a compiled estimated budget for
4560
the next fiscal year. A copy of such report and estimated budget
4561
shall be furnished to the Governor, as the chief budget officer
4562
of the state.
4563
(6)(7) All purchases of a division of sponsored research
4564
shall be made in accordance with the policies and procedures of
4565
the university pursuant to guidelines of the Board of Governors;
4566
however, upon certification addressed to the university president
4567
that it is necessary for the efficient or expeditious prosecution
4568
of a research project, the president may exempt the purchase of
4569
material, supplies, equipment, or services for research purposes
4570
from the general purchasing requirement of state law the Florida
4571
Statutes.
4572
(7)(8) The university may authorize the construction,
4573
alteration, or remodeling of buildings when the funds used are
4574
derived entirely from the sponsored research development fund of
4575
a university or from that fund in combination with other nonstate
4576
sources, provided that such construction, alteration, or
4577
remodeling is for use exclusively in the area of research. The
4578
university may; it also may authorize the acquisition of real
4579
property if when the cost is entirely from said funds. Title to
4580
all real property purchased prior to January 7, 2003, or with
4581
funds appropriated by the Legislature shall vest in the Board of
4582
Trustees of the Internal Improvement Trust Fund and may shall
4583
only be transferred or conveyed by it.
4584
(8)(9) The sponsored research programs of the Institute of
4585
Food and Agricultural Sciences, the University of Florida Health
4586
Science Center, and the engineering and industrial experiment
4587
station shall continue to be centered at the University of
4588
Florida as heretofore provided by law. Indirect cost
4589
reimbursements of all grants deposited in the Division of
4590
Sponsored Research shall be distributed directly to the above
4591
units in direct proportion to the amounts earned by each unit.
4592
(9)(10) The operation of the divisions of sponsored
4593
research and the conduct of the sponsored research program are
4594
expressly exempted from the provisions of any other laws or
4595
portions of laws in conflict herewith and are, subject to the
4596
requirements of subsection (6) (7), exempted from the provisions
4597
of chapters 215, 216, and 283.
4598
(10)(11) The divisions of sponsored research may pay, by
4599
advancement or reimbursement, or a combination thereof, the costs
4600
of per diem of university employees and of other authorized
4601
persons, as defined in s. 112.061(2)(e), for foreign travel up to
4602
the current rates as stated in the grant and contract terms and
4603
may also pay incidental expenses as authorized by s. 112.061(8).
4604
This subsection applies to any university employee traveling in
4605
foreign countries for sponsored programs of the university, if
4606
such travel expenses are approved in the terms of the contract or
4607
grant. The provisions of s. 112.061, other than those relating
4608
to per diem, apply to the travel described in this subsection.
4609
As used in this subsection, the term "foreign travel" means any
4610
travel outside the United States and its territories and
4611
possessions and Canada. Persons traveling in foreign countries
4612
pursuant to this section are shall not be entitled to
4613
reimbursements or advancements pursuant to s. 112.061(6)(a)2. for
4614
such travel.
4615
(11)(12) Each division of sponsored research is authorized
4616
to advance funds to any principal investigator who, under the
4617
contract or grant terms, will be performing a portion of his or
4618
her research at a site that is remote from the university. Funds
4619
may shall be advanced only to employees who have executed a
4620
proper power of attorney with the university to ensure the proper
4621
collection of the such advanced funds if it becomes necessary.
4622
As used in this subsection, the term "remote" means so far
4623
removed from the university as to render normal purchasing and
4624
payroll functions ineffective.
4625
(12)(13) Each university board of trustees may is
4626
authorized to adopt rules, as necessary, to administer this
4627
section.
4628
Section 188. Subsection (6) of section 1004.50, Florida
4629
Statutes, is repealed.
4630
Section 189. Subsections (2) and (4) of section 1004.94,
4631
Florida Statutes, are repealed.
4632
Section 190. Subsection (4) of section 1004.95, Florida
4633
Statutes, is amended to read:
4634
1004.95 Adult literacy centers.--
4635
(4) The State Board of Education shall develop rules for
4636
implementing this section, including criteria for evaluating the
4637
performance of the centers, and shall submit an evaluation report
4638
of the centers to the Legislature on or before February 1 of each
4639
year.
4640
Section 191. Section 1006.0605, Florida Statutes, is
4641
repealed.
4642
Section 192. Section 1006.67, Florida Statutes, is
4643
repealed.
4644
Section 193. Subsection (8) of section 1009.70, Florida
4645
Statutes, is amended to read:
4646
1009.70 Florida Education Fund.--
4647
(8) There is created a legal education component of the
4648
Florida Education Fund to provide the opportunity for minorities
4649
to attain representation within the legal profession
4650
proportionate to their representation within the general
4651
population. The legal education component of the Florida
4652
Education Fund includes a law school program and a pre-law
4653
program.
4654
(a) The law school scholarship program of the Florida
4655
Education Fund is to be administered by the Board of Directors of
4656
the Florida Education Fund for the purpose of increasing by 200
4657
the number of minority students enrolled in law schools in this
4658
state by 200. Implementation of this program is to be phased in
4659
over a 3-year period.
4660
1. The board of directors shall provide financial,
4661
academic, and other support to students selected for
4662
participation in this program from funds appropriated by the
4663
Legislature.
4664
2. Student selection must be made in accordance with rules
4665
adopted by the board of directors for that purpose and must be
4666
based, at least in part, on an assessment of potential for
4667
success, merit, and financial need.
4668
3. Support must be made available to students who enroll in
4669
private, as well as public, law schools in this state which are
4670
accredited by the American Bar Association.
4671
4. Scholarships must be paid directly to the participating
4672
students.
4673
5. Students who participate in this program must agree in
4674
writing to sit for The Florida Bar examination and, upon
4675
successful admission to The Florida Bar, to either practice law
4676
in the state for a period of time equal to the amount of time for
4677
which the student received aid, up to 3 years, or repay the
4678
amount of aid received.
4679
6. Annually, the board of directors shall compile a report
4680
that includes a description of the selection process, an analysis
4681
of the academic progress of all scholarship recipients, and an
4682
analysis of expenditures. This report must be submitted to the
4683
President of the Senate, the Speaker of the House of
4684
Representatives, and the Governor.
4685
(b) The minority pre-law scholarship loan program of the
4686
Florida Education Fund is to be administered by the Board of
4687
Directors of the Florida Education Fund for the purpose of
4688
increasing the opportunity of minority students to prepare for
4689
law school.
4690
1. From funds appropriated by the Legislature, the board of
4691
directors shall provide for student fees, room, board, books,
4692
supplies, and academic and other support to selected minority
4693
undergraduate students matriculating at eligible public and
4694
independent colleges and universities in Florida.
4695
2. Student selection must be made in accordance with rules
4696
adopted by the board of directors for that purpose and must be
4697
based, at least in part, on an assessment of potential for
4698
success, merit, and financial need.
4699
3. To be eligible, a student must make a written agreement
4700
to enter or be accepted to enter a law school in this state
4701
within 2 years after graduation or repay the scholarship loan
4702
amount plus interest at the prevailing rate.
4703
4. Recipients who fail to gain admission to a law school
4704
within the specified period of time, may, upon admission to law
4705
school, be eligible to have their loans canceled.
4706
5. Minority pre-law scholarship loans shall be provided to
4707
34 minority students per year for up to 4 years each, for a total
4708
of 136 scholarship loans. To continue receipt of scholarship
4709
loans, recipients must maintain a 2.75 grade point average for
4710
the freshman year and a 3.25 grade point average thereafter.
4711
Participants must also take specialized courses to enhance
4712
competencies in English and logic.
4713
6. The board of directors shall maintain records on all
4714
scholarship loan recipients. Participating institutions shall
4715
submit academic progress reports to the board of directors
4716
following each academic term. Annually, the board of directors
4717
shall compile a report that includes a description of the
4718
selection process, an analysis of the academic progress of all
4719
scholarship loan recipients, and an analysis of expenditures.
4720
This report must be submitted to the President of the Senate, the
4721
Speaker of the House of Representatives, and the Governor.
4722
Section 194. Subsection (8) of section 1011.32, Florida
4723
Statutes, is amended to read:
4724
1011.32 Community College Facility Enhancement Challenge
4725
Grant Program.--
4726
(8) By September 1 of each year, the State Board of
4727
Education shall transmit to the Governor and the Legislature a
4728
list of projects which meet all eligibility requirements to
4729
participate in the Community College Facility Enhancement
4730
Challenge Grant Program and a budget request which includes the
4731
recommended schedule necessary to complete each project.
4732
Section 195. Paragraph (t) of subsection (1) of section
4733
1011.62, Florida Statutes, is amended to read:
4734
1011.62 Funds for operation of schools.--If the annual
4735
allocation from the Florida Education Finance Program to each
4736
district for operation of schools is not determined in the annual
4737
appropriations act or the substantive bill implementing the
4738
annual appropriations act, it shall be determined as follows:
4739
(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
4740
OPERATION.--The following procedure shall be followed in
4741
determining the annual allocation to each district for operation:
4742
(t) Extended-school-year program.--It is the intent of the
4743
Legislature that students be provided additional instruction by
4744
extending the school year to 210 days or more. Districts may
4745
apply to the Commissioner of Education for funds to be used in
4746
planning and implementing an extended-school-year program. The
4747
Department of Education shall recommend to the Legislature the
4748
policies necessary for full implementation of an extended school
4749
year.
4750
Section 196. Paragraph (l) of subsection (2) of section
4751
1012.05, Florida Statutes, is repealed.
4752
Section 197. Subsection (1) of section 1012.42, Florida
4753
Statutes, is amended to read:
4754
1012.42 Teacher teaching out-of-field.--
4755
(1) ASSISTANCE.--Each district school board shall adopt and
4756
implement a plan to assist any teacher teaching out-of-field, and
4757
priority consideration in professional development activities
4758
shall be given to teachers who are teaching out-of-field. The
4759
district school board shall require that such teachers
4760
participate in a certification or staff development program
4761
designed to provide the teacher with the competencies required
4762
for the assigned duties. The board-approved assistance plan must
4763
include duties of administrative personnel and other
4764
instructional personnel to provide students with instructional
4765
services. Each district school board shall contact its regional
4766
workforce board, created pursuant to s. 445.007, to identify
4767
resources that may assist teachers who are teaching out-of-field
4768
and who are pursuing certification.
4769
Section 198. Section 1013.11, Florida Statutes, is amended
4770
to read:
4771
1013.11 Postsecondary institutions assessment of physical
4772
plant safety.--The president of each postsecondary institution
4773
shall conduct or cause to be conducted an annual assessment of
4774
physical plant safety. An annual report shall incorporate the
4775
assessment findings obtained through such assessment and
4776
recommendations for the improvement of safety on each campus. The
4777
annual report shall be submitted to the respective governing or
4778
licensing board of jurisdiction no later than January 1 of each
4779
year. Each board shall compile the individual institutional
4780
reports and convey the aggregate institutional reports to the
4781
Commissioner of Education or the Chancellor of the State
4782
University System, as appropriate. The Commissioner of Education
4783
and the Chancellor of the State University System shall convey
4784
these reports and the reports required in s. 1006.67 to the
4785
President of the Senate and the Speaker of the House of
4786
Representatives no later than March 1 of each year.
4787
Section 199. Paragraph (a) of subsection (4) of section
4788
163.065, Florida Statutes, is amended to read:
4789
163.065 Miami River Improvement Act.--
4790
(4) PLAN.--The Miami River Commission, working with the
4791
City of Miami and Miami-Dade County, shall consider the merits of
4792
the following:
4793
(a) Development and adoption of an urban infill and
4795
163.2526, which and participating state and regional agencies
4796
shall review the proposed plan for the purposes of determining
4797
consistency with applicable law.
4798
Section 200. Section 163.2514, Florida Statutes, is amended
4799
to read:
4800
163.2514 Growth Policy Act; definitions.--As used in ss.
4802
(1) "Local government" means any county or municipality.
4803
(2) "Urban infill and redevelopment area" means an area or
4804
areas designated by a local government where:
4805
(a) Public services such as water and wastewater,
4806
transportation, schools, and recreation are already available or
4807
are scheduled to be provided in an adopted 5-year schedule of
4808
capital improvements;
4809
(b) The area, or one or more neighborhoods within the area,
4810
suffers from pervasive poverty, unemployment, and general
4811
distress as defined by s. 290.0058;
4812
(c) The area exhibits a proportion of properties that are
4813
substandard, overcrowded, dilapidated, vacant or abandoned, or
4814
functionally obsolete which is higher than the average for the
4815
local government;
4816
(d) More than 50 percent of the area is within 1/4 mile of
4817
a transit stop, or a sufficient number of such transit stops will
4818
be made available concurrent with the designation; and
4819
(e) The area includes or is adjacent to community
4820
redevelopment areas, brownfields, enterprise zones, or Main
4821
Street programs;, or has been designated by the state or Federal
4822
Government as an urban redevelopment, revitalization, or infill
4823
area under empowerment zone, enterprise community, or brownfield
4824
showcase community programs or similar programs.
4825
Section 201. Subsection (1) of section 163.2511, Florida
4826
Statutes, is amended to read:
4827
163.2511 Urban infill and redevelopment.--
4829
cited as the "Growth Policy Act."
4830
Section 202. Subsection (2) of section 163.3202, Florida
4831
Statutes, is amended to read:
4832
163.3202 Land development regulations.--
4833
(2) Local land development regulations shall contain
4834
specific and detailed provisions necessary or desirable to
4835
implement the adopted comprehensive plan and shall as a minimum:
4836
(a) Regulate the subdivision of land.;
4837
(b) Regulate the use of land and water for those land use
4838
categories included in the land use element and ensure the
4839
compatibility of adjacent uses and provide for open space.;
4840
(c) Provide for protection of potable water wellfields.;
4841
(d) Regulate areas subject to seasonal and periodic
4842
flooding and provide for drainage and stormwater management.;
4843
(e) Ensure the protection of environmentally sensitive
4844
lands designated in the comprehensive plan.;
4845
(f) Regulate signage.;
4846
(g) Provide that public facilities and services meet or
4847
exceed the standards established in the capital improvements
4848
element required by s. 163.3177 and are available when needed for
4849
the development, or that development orders and permits are
4850
conditioned on the availability of these public facilities and
4851
services necessary to serve the proposed development. Not later
4852
than 1 year after its due date established by the state land
4853
planning agency's rule for submission of local comprehensive
4854
plans pursuant to s. 163.3167(2), A local government may shall
4855
not issue a development order or permit that which results in a
4856
reduction in the level of services for the affected public
4857
facilities below the level of services provided in the local
4858
government's comprehensive plan of the local government.
4859
(h) Ensure safe and convenient onsite traffic flow,
4860
considering needed vehicle parking.
4861
Section 203. Paragraph (b) of subsection (11) of section
4862
259.041, Florida Statutes, is amended to read:
4863
259.041 Acquisition of state-owned lands for preservation,
4864
conservation, and recreation purposes.--
4865
(11)
4866
(b) All project applications shall identify, within their
4867
acquisition plans, those projects which require a full fee simple
4868
interest to achieve the public policy goals, together with the
4869
reasons full title is determined to be necessary. The state
4870
agencies and the water management districts may use alternatives
4871
to fee simple acquisition to bring the remaining projects in
4872
their acquisition plans under public protection. For the
4873
purposes of this subsection, the term "alternatives to fee simple
4874
acquisition" includes, but is not limited to: purchase of
4875
development rights; obtaining conservation easements; obtaining
4876
flowage easements; purchase of timber rights, mineral rights, or
4877
hunting rights; purchase of agricultural interests or
4878
silvicultural interests; entering into land protection agreements
4880
acquisitions with reservations; creating life estates; or any
4881
other acquisition technique which achieves the public policy
4882
goals listed in paragraph (a). It is presumed that a private
4883
landowner retains the full range of uses for all the rights or
4884
interests in the landowner's land which are not specifically
4885
acquired by the public agency. The lands upon which hunting
4886
rights are specifically acquired pursuant to this paragraph shall
4887
be available for hunting in accordance with the management plan
4888
or hunting regulations adopted by the Florida Fish and Wildlife
4889
Conservation Commission, unless the hunting rights are purchased
4890
specifically to protect activities on adjacent lands.
4891
Section 204. Paragraph (c) of subsection (3) of section
4892
259.101, Florida Statutes, is amended to read:
4893
259.101 Florida Preservation 2000 Act.--
4894
(3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the costs
4895
of issuance, the costs of funding reserve accounts, and other
4896
costs with respect to the bonds, the proceeds of bonds issued
4897
pursuant to this act shall be deposited into the Florida
4898
Preservation 2000 Trust Fund created by s. 375.045. In fiscal
4899
year 2000-2001, for each Florida Preservation 2000 program
4900
described in paragraphs (a)-(g), that portion of each program's
4901
total remaining cash balance which, as of June 30, 2000, is in
4902
excess of that program's total remaining appropriation balances
4903
shall be redistributed by the department and deposited into the
4904
Save Our Everglades Trust Fund for land acquisition. For purposes
4905
of calculating the total remaining cash balances for this
4906
redistribution, the Florida Preservation 2000 Series 2000 bond
4907
proceeds, including interest thereon, and the fiscal year 1999-
4908
2000 General Appropriations Act amounts shall be deducted from
4909
the remaining cash and appropriation balances, respectively. The
4910
remaining proceeds shall be distributed by the Department of
4911
Environmental Protection in the following manner:
4912
(c) Ten percent to the Department of Community Affairs to
4913
provide land acquisition grants and loans to local governments
4914
through the Florida Communities Trust pursuant to part III of
4915
chapter 380. From funds allocated to the trust, $3 million
4916
annually shall be used by the Division of State Lands within the
4917
Department of Environmental Protection to implement the Green
4918
Swamp Land Protection Initiative specifically for the purchase of
4919
conservation easements, as defined in s. 380.0677(3) s.
4920
380.0677(4), of lands, or severable interests or rights in lands,
4921
in the Green Swamp Area of Critical State Concern. From funds
4922
allocated to the trust, $3 million annually shall be used by the
4923
Monroe County Comprehensive Plan Land Authority specifically for
4924
the purchase of a any real property interest in either those
4925
lands subject to the Rate of Growth Ordinances adopted by local
4926
governments in Monroe County or those lands within the boundary
4927
of an approved Conservation and Recreation Lands project located
4928
within the Florida Keys or Key West Areas of Critical State
4929
Concern; however, title to lands acquired within the boundary of
4930
an approved Conservation and Recreation Lands project may, in
4931
accordance with an approved joint acquisition agreement, vest in
4932
the Board of Trustees of the Internal Improvement Trust Fund. Of
4933
the remaining funds allocated to the trust after the above
4934
transfers occur, one-half shall be matched by local governments
4935
on a dollar-for-dollar basis. To the extent allowed by federal
4936
requirements for the use of bond proceeds, the trust shall expend
4937
Preservation 2000 funds to carry out the purposes of part III of
4938
chapter 380.
4939
4940
Local governments may use federal grants or loans, private
4941
donations, or environmental mitigation funds, including
4942
environmental mitigation funds required pursuant to s. 338.250,
4943
for any part or all of any local match required for the purposes
4944
described in this subsection. Bond proceeds allocated pursuant
4945
to paragraph (c) may be used to purchase lands on the priority
4946
lists developed pursuant to s. 259.035. Title to lands purchased
4947
pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
4948
vested in the Board of Trustees of the Internal Improvement Trust
4949
Fund. Title to lands purchased pursuant to paragraph (c) may be
4950
vested in the Board of Trustees of the Internal Improvement Trust
4951
Fund. The board of trustees shall hold title to land protection
4952
agreements and conservation easements that were or will be
4953
acquired pursuant to s. 380.0677, and the Southwest Florida Water
4954
Management District and the St. Johns River Water Management
4955
District shall monitor such agreements and easements within their
4956
respective districts until the state assumes this responsibility.
4957
Section 205. Subsections (1) and (5) of section 369.305,
4958
Florida Statutes, are amended to read:
4959
369.305 Review of local comprehensive plans, land
4960
development regulations, Wekiva River development permits, and
4961
amendments.--
4962
(1) It is the intent of the Legislature that comprehensive
4963
plans and land development regulations of Orange, Lake, and
4964
Seminole Counties be revised to protect the Wekiva River
4965
Protection Area prior to the due dates established in ss.
4967
Administrative Code. It is also the intent of the Legislature
4968
that Orange, Lake, and Seminole the Counties emphasize the Wekiva
4969
River Protection Area this important state resource in their
4970
planning and regulation efforts. Therefore, each county's county
4971
shall, by April 1, 1989, review and amend those portions of its
4972
local comprehensive plan and its land development regulations
4973
applicable to the Wekiva River Protection Area must, and, if
4974
necessary, adopt additional land development regulations which
4975
are applicable to the Wekiva River Protection Area to meet the
4976
following criteria:
4977
(a) Each county's local comprehensive plan must shall
4978
contain goals, policies, and objectives that which result in the
4979
protection of the:
4980
1. Water quantity, water quality, and hydrology of the
4981
Wekiva River System;
4982
2. Wetlands associated with the Wekiva River System;
4983
3. Aquatic and wetland-dependent wildlife species
4984
associated with the Wekiva River System;
4985
4. Habitat within the Wekiva River Protection Area of
4986
species designated pursuant to rules 39-27.003, 39-27.004, and
4987
39-27.005, Florida Administrative Code; and
4988
5. Native vegetation within the Wekiva River Protection
4989
Area.
4990
(b) The various land uses and densities and intensities of
4991
development permitted by the local comprehensive plan shall
4992
protect the resources enumerated in paragraph (a) and the rural
4993
character of the Wekiva River Protection Area. The plan must
4994
shall also include:
4995
1. Provisions that to ensure the preservation of sufficient
4996
habitat for feeding, nesting, roosting, and resting so as to
4997
maintain viable populations of species designated pursuant to
4998
rules 39-27.003, 39-27.004, and 39-27.005, Florida Administrative
4999
Code, within the Wekiva River Protection Area.
5000
2. Restrictions on the clearing of native vegetation within
5001
the 100-year flood plain.
5002
3. Prohibition of development that is not low-density
5003
residential in nature, unless that development has less effect
5004
impacts on natural resources than low-density residential
5005
development.
5006
4. Provisions for setbacks along the Wekiva River for areas
5007
that do not fall within the protection zones established pursuant
5008
to s. 373.415.
5009
5. Restrictions on intensity of development adjacent to
5010
publicly owned lands to prevent adverse impacts to such lands.
5011
6. Restrictions on filling and alteration of wetlands in
5012
the Wekiva River Protection Area.
5013
7. Provisions encouraging clustering of residential
5014
development if when it promotes protection of environmentally
5015
sensitive areas, and ensures ensuring that residential
5016
development in the aggregate shall be of a rural density and
5017
character.
5018
(c) The local comprehensive plan must shall require that
5019
the density or intensity of development permitted on parcels of
5020
property adjacent to the Wekiva River System be concentrated on
5021
those portions of the parcels which are the farthest from the
5022
surface waters and wetlands of the Wekiva River System.
5023
(d) The local comprehensive plan must shall require that
5024
parcels of land adjacent to the surface waters and watercourses
5025
of the Wekiva River System not be subdivided so as to interfere
5026
with the implementation of protection zones as established
5027
pursuant to s. 373.415, any applicable setbacks from the surface
5028
waters in the Wekiva River System which are established by local
5029
governments, or the policy established in paragraph (c) of
5030
concentrating development in the Wekiva River Protection Area as
5031
far from the surface waters and wetlands of the Wekiva River
5032
System as practicable.
5033
(e) The local land development regulations shall implement
5034
the provisions of paragraphs (a), (b), (c), and (d) and must
5035
shall also include restrictions on the location of septic tanks
5036
and drainfields in the 100-year flood plain and discharges of
5037
stormwater to the Wekiva River System.
5038
(5) During the period of time between the effective date of
5039
this act and the due date of a county's revised local government
5040
comprehensive plan as established by s. 163.3167(2) and chapter
5041
9J-12, Florida Administrative Code, any local comprehensive plan
5042
amendment or amendment to a land development regulation, adopted
5043
or issued by a county, which applies to the Wekiva River
5044
Protection Area, or any Wekiva River development permit adopted
5045
by a county, solely within protection zones established pursuant
5046
to s. 373.415, shall be sent to the department within 10 days
5047
after its adoption or issuance by the local governing body but
5048
shall not become effective until certified by the department as
5049
being in compliance with purposes described in subsection (1).
5050
The department shall make its decision on certification within 60
5051
days after receipt of the amendment or development permit solely
5052
within protection zones established pursuant to s. 373.415. The
5053
department's decision on certification shall be final agency
5054
action. This subsection shall not apply to any amendments or new
5055
land development regulations adopted pursuant to subsections (1)-
5056
(4) or to any development order approving, approving with
5057
conditions, or denying a development of regional impact.
5058
Section 206. Paragraph (g) of subsection (1) of section
5059
370.12, Florida Statutes, is amended to read:
5060
370.12 Marine animals; regulation.--
5061
(1) PROTECTION OF MARINE TURTLES.--
5062
(g) The Department of Environmental Protection may
5063
condition the nature, timing, and sequence of construction of
5064
permitted activities to provide protection to nesting marine
5065
turtles and hatchlings and their habitat pursuant to s.
5067
is considering a permit for a beach restoration, beach
5068
renourishment, or inlet sand transfer project and the applicant
5069
has had an active marine turtle nest relocation program or the
5070
applicant has agreed to and has the ability to administer a
5071
program, the department must not restrict the timing of the
5072
project. Where appropriate, the department, in accordance with
5073
the applicable rules of the Fish and Wildlife Conservation
5074
Commission, shall require as a condition of the permit that the
5075
applicant relocate and monitor all turtle nests that would be
5076
affected by the beach restoration, beach renourishment, or sand
5077
transfer activities. Such relocation and monitoring activities
5078
shall be conducted in a manner that ensures successful hatching.
5079
This limitation on the department's authority applies only on the
5080
Atlantic coast of Florida.
5081
Section 207. Section 381.732, Florida Statutes, is amended
5082
to read:
5083
381.732 Short title; Healthy Communities, Healthy People
5085
the "Healthy Communities, Healthy People Act."
5086
Section 208. Section 381.733, Florida Statutes, is amended
5087
to read:
5088
381.733 Definitions relating to Healthy Communities,
5090
381.734, the term:
5091
(1) "Department" means the Department of Health.
5092
(2) "Primary prevention" means interventions directed
5093
toward healthy populations with a focus on avoiding disease prior
5094
to its occurrence.
5095
(3) "Secondary prevention" means interventions designed to
5096
promote the early detection and treatment of diseases and to
5097
reduce the risks experienced by at-risk populations.
5098
(4) "Tertiary prevention" means interventions directed at
5099
rehabilitating and minimizing the effects of disease in a
5100
chronically ill population.
5101
Section 209. Paragraph (d) of subsection (5) of section
5102
411.01, Florida Statutes, is amended to read:
5103
411.01 School readiness programs; early learning
5104
coalitions.--
5105
(5) CREATION OF EARLY LEARNING COALITIONS.--
5106
(d) Implementation.--
5107
1. An early learning coalition may not implement the school
5108
readiness program until the coalition is authorized through
5109
approval of the coalition's school readiness plan by the Agency
5110
for Workforce Innovation.
5111
2. Each early learning coalition shall develop a plan for
5112
implementing the school readiness program to meet the
5113
requirements of this section and the performance standards and
5114
outcome measures adopted by the Agency for Workforce Innovation.
5115
The plan must demonstrate how the program will ensure that each
5116
3-year-old and 4-year-old child in a publicly funded school
5117
readiness program receives scheduled activities and instruction
5118
designed to enhance the age-appropriate progress of the children
5119
in attaining the performance standards adopted by the agency for
5120
Workforce Innovation under subparagraph (4)(d)8. Before
5121
implementing the school readiness program, the early learning
5122
coalition must submit the plan to the agency for Workforce
5123
Innovation for approval. The agency for Workforce Innovation may
5124
approve the plan, reject the plan, or approve the plan with
5125
conditions. The agency for Workforce Innovation shall review
5126
school readiness plans at least annually.
5127
3. If the Agency for Workforce Innovation determines during
5128
the annual review of school readiness plans, or through
5129
monitoring and performance evaluations conducted under paragraph
5130
(4)(l), that an early learning coalition has not substantially
5131
implemented its plan, has not substantially met the performance
5132
standards and outcome measures adopted by the agency, or has not
5133
effectively administered the school readiness program or
5134
Voluntary Prekindergarten Education Program, the agency for
5135
Workforce Innovation may dissolve the coalition and temporarily
5136
contract with a qualified entity to continue school readiness and
5137
prekindergarten services in the coalition's county or multicounty
5138
region until the coalition is reestablished through resubmission
5139
of a school readiness plan and approval by the agency.
5140
4. The Agency for Workforce Innovation shall adopt criteria
5141
for the approval of school readiness plans. The criteria must be
5142
consistent with the performance standards and outcome measures
5143
adopted by the agency and must require each approved plan to
5144
include the following minimum standards and provisions:
5145
a. A sliding fee scale establishing a copayment for parents
5146
based upon their ability to pay, which is the same for all
5147
program providers, to be implemented and reflected in each
5148
program's budget.
5149
b. A choice of settings and locations in licensed,
5150
registered, religious-exempt, or school-based programs to be
5151
provided to parents.
5152
c. Instructional staff who have completed the training
5153
course as required in s. 402.305(2)(d)1., as well as staff who
5154
have additional training or credentials as required by the Agency
5155
for Workforce Innovation. The plan must provide a method for
5156
assuring the qualifications of all personnel in all program
5157
settings.
5158
d. Specific eligibility priorities for children within the
5159
early learning coalition's county or multicounty region in
5160
accordance with subsection (6).
5161
e. Performance standards and outcome measures adopted by
5162
the agency for Workforce Innovation.
5163
f. Payment rates adopted by the early learning coalition
5164
and approved by the agency for Workforce Innovation. Payment
5165
rates may not have the effect of limiting parental choice or
5166
creating standards or levels of services that have not been
5167
authorized by the Legislature.
5168
g. Systems support services, including a central agency,
5169
child care resource and referral, eligibility determinations,
5170
training of providers, and parent support and involvement.
5171
h. Direct enhancement services to families and children.
5172
System support and direct enhancement services shall be in
5173
addition to payments for the placement of children in school
5174
readiness programs.
5175
i. The business organization of the early learning
5176
coalition, which must include the coalition's articles of
5177
incorporation and bylaws if the coalition is organized as a
5178
corporation. If the coalition is not organized as a corporation
5179
or other business entity, the plan must include the contract with
5180
a fiscal agent. An early learning coalition may contract with
5181
other coalitions to achieve efficiency in multicounty services,
5182
and these contracts may be part of the coalition's school
5183
readiness plan.
5184
j. Strategies to meet the needs of unique populations, such
5185
as migrant workers.
5186
5187
As part of the school readiness plan, the early learning
5188
coalition may request the Governor to apply for a waiver to allow
5189
the coalition to administer the Head Start Program to accomplish
5190
the purposes of the school readiness program. If a school
5191
readiness plan demonstrates that specific statutory goals can be
5192
achieved more effectively by using procedures that require
5193
modification of existing rules, policies, or procedures, a
5194
request for a waiver to the Agency for Workforce Innovation may
5195
be submitted as part of the plan. Upon review, the agency for
5196
Workforce Innovation may grant the proposed modification.
5197
5. Persons with an early childhood teaching certificate may
5198
provide support and supervision to other staff in the school
5199
readiness program.
5200
6. An early learning coalition may not implement its school
5201
readiness plan until it submits the plan to and receives approval
5202
from the Agency for Workforce Innovation. Once the plan is
5203
approved, the plan and the services provided under the plan shall
5204
be controlled by the early learning coalition. The plan shall be
5205
reviewed and revised as necessary, but at least biennially. An
5206
early learning coalition may not implement the revisions until
5207
the coalition submits the revised plan to and receives approval
5208
from the agency for Workforce Innovation. If the agency for
5209
Workforce Innovation rejects a revised plan, the coalition must
5210
continue to operate under its prior approved plan.
5212
apply to an early learning coalition with an approved school
5213
readiness plan. To facilitate innovative practices and to allow
5214
the regional establishment of school readiness programs, an early
5215
learning coalition may apply to the Governor and Cabinet for a
5216
waiver of, and the Governor and Cabinet may waive, any of the
5218
necessary for implementation of the coalition's school readiness
5219
plan.
5220
8. Two or more counties may join for purposes of planning
5221
and implementing a school readiness program.
5222
9. An early learning coalition may, subject to approval by
5223
the Agency for Workforce Innovation as part of the coalition's
5224
school readiness plan, receive subsidized child care funds for
5225
all children eligible for any federal subsidized child care
5226
program.
5227
10. An early learning coalition may enter into multiparty
5228
contracts with multicounty service providers in order to meet the
5229
needs of unique populations such as migrant workers.
5230
Section 210. Paragraph (a) of subsection (3) of section
5231
411.232, Florida Statutes, is amended to read:
5232
411.232 Children's Early Investment Program.--
5233
(3) ESSENTIAL ELEMENTS.--
5234
(a) Initially, the program shall be directed to geographic
5235
areas where at-risk young children and their families are in
5236
greatest need because of an unfavorable combination of economic,
5237
social, environmental, and health factors, including, without
5238
limitation, extensive poverty, high crime rate, great incidence
5239
of low birthweight babies, high incidence of alcohol and drug
5240
abuse, and high rates of teenage pregnancy. The selection of a
5241
geographic site shall also consider the incidence of young
5242
children within these at-risk geographic areas who are cocaine
5243
babies, children of single mothers who receive temporary cash
5244
assistance, children of teenage parents, low birthweight babies,
5245
and very young foster children. To receive funding under this
5246
section, an agency, board, council, or provider must demonstrate:
5247
1. Its capacity to administer and coordinate the programs
5248
and services in a comprehensive manner and provide a flexible
5249
range of services;
5250
2. Its capacity to identify and serve those children least
5251
able to access existing programs and case management services;
5252
3. Its capacity to administer and coordinate the programs
5253
and services in an intensive and continuous manner;
5254
4. The proximity of its facilities to young children,
5255
parents, and other family members to be served by the program, or
5256
its ability to provide offsite services;
5257
5. Its ability to use existing federal, state, and local
5258
governmental programs and services in implementing the investment
5259
program;
5260
6. Its ability to coordinate activities and services with
5261
existing public and private, state and local agencies and
5262
programs such as those responsible for health, education, social
5263
support, mental health, child care, respite care, housing,
5264
transportation, alcohol and drug abuse treatment and prevention,
5265
income assistance, employment training and placement, nutrition,
5266
and other relevant services, all the foregoing intended to assist
5267
children and families at risk;
5268
7. How its plan will involve project participants and
5269
community representatives in the planning and operation of the
5270
investment program; and
5271
8. Its ability to participate in the evaluation component
5272
required in this section.; and
5273
9. Its consistency with the strategic plan pursuant to s.
5274
5275
Section 211. Paragraph (a) of subsection (6) of section
5276
445.006, Florida Statutes, is amended to read:
5277
445.006 Strategic and operational plans for workforce
5278
development.--
5279
(6)(a) The operational plan must include strategies that
5280
are designed to prevent or reduce the need for a person to
5281
receive public assistance, including. These strategies must
5282
include:
5283
1. A teen pregnancy prevention component that includes, but
5284
is not limited to, a plan for implementing the Florida Education
5285
Now and Babies Later (ENABL) program under s. 411.242 and the
5286
Teen Pregnancy Prevention Community Initiative within each county
5287
of the services area in which the teen birth rate is higher than
5288
the state average;
5289
2. A component that encourages creation of community-based
5290
welfare prevention and reduction initiatives that increase
5291
support provided by noncustodial parents to their welfare-
5292
dependent children and are consistent with program and financial
5293
guidelines developed by Workforce Florida, Inc., and the
5294
Commission on Responsible Fatherhood. These initiatives may
5295
include, but are not limited to, improved paternity
5296
establishment, work activities for noncustodial parents, programs
5297
aimed at decreasing out-of-wedlock pregnancies, encouraging
5298
involvement of fathers with their children including court-
5299
ordered supervised visitation, and increasing child support
5300
payments;
5301
3. A component that encourages formation and maintenance of
5302
two-parent families through, among other things, court-ordered
5303
supervised visitation;
5304
4. A component that fosters responsible fatherhood in
5305
families receiving assistance; and
5306
5. A component that fosters provision of services that
5307
reduce the incidence and effects of domestic violence on women
5308
and children in families receiving assistance.
5309
Section 212. This act shall take effect upon becoming a
5310
law.
CODING: Words stricken are deletions; words underlined are additions.