Florida Senate - 2011                                    SB 1204
       
       
       
       By Senator Thrasher
       
       
       
       
       8-01919-11                                            20111204__
    1                        A bill to be entitled                      
    2         An act relating to joint legislative organizations;
    3         repealing ss. 11.511 and 11.513, F.S., relating to the
    4         Office of Program Policy Analysis and Government
    5         Accountability; repealing s. 11.60, F.S., relating to
    6         the Joint Administrative Procedures Committee;
    7         repealing s. 11.70, F.S., relating to the Legislative
    8         Committee on Intergovernmental Relations; repealing s.
    9         11.80, F.S., relating to the Joint Legislative
   10         Committee on Everglades Oversight; repealing ss.
   11         11.901-11.920, F.S., relating to the Florida
   12         Government Accountability Act; repealing s.
   13         163.3247(4)(g), F.S., relating to creation of a joint
   14         select committee to review the findings and
   15         recommendations of the Century Commission for a
   16         Sustainable Florida for potential action; repealing
   17         ss. 216.0446, 216.163(2)(f), and 282.322, F.S.,
   18         relating to the review of information technology
   19         resources needs and a special monitoring process for
   20         designated information resources management projects;
   21         repealing s. 350.012, F.S., relating to the Committee
   22         on Public Counsel Oversight; repealing ss. 450.201,
   23         450.221, 450.231, and 450.241, F.S., relating to the
   24         Legislative Commission on Migrant and Seasonal Labor;
   25         amending s. 1.01, F.S.; defining the terms
   26         “Administrative Procedures Committee,” “Legislative
   27         Auditing Committee,” “Office of Program Policy
   28         Analysis and Government Accountability,” and “Office
   29         of Economic and Demographic Research,” applicable
   30         throughout the statutes; amending s. 11.147, F.S.;
   31         revising provisions relating to creation and duties of
   32         the Office of Legislative Services; amending s. 11.40,
   33         F.S.; revising duties of the Legislative Auditing
   34         Committee; conforming provisions to changes made by
   35         the act; amending s. 11.51, F.S.; revising provisions
   36         relating to creation and duties of the Office of
   37         Program Policy Analysis and Government Accountability;
   38         amending s. 409.146, F.S.; revising reporting duties
   39         of the Department of Children and Family Services with
   40         respect to the children and families client and
   41         management information system; conforming provisions
   42         to changes made by the act; amending s. 1000.01, F.S.;
   43         deleting provisions relating to creation of the
   44         Council for Education Policy Research and Improvement;
   45         amending ss. 11.45, 29.0085, 112.313, 112.3189,
   46         112.324, 125.045, 163.055, 163.3245, 166.021, 189.421,
   47         216.181, 218.32, 218.38, 287.0943, 288.7001, 350.061,
   48         350.0614, 373.026, 373.036, 373.45926, 450.261, and
   49         590.33, F.S.; conforming provisions to changes made by
   50         the act; providing an effective date.
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Sections 11.511 and 11.513, Florida Statutes,
   55  are repealed.
   56         Section 2. Section 11.60, Florida Statutes, is repealed.
   57         Section 3. Section 11.70, Florida Statutes, is repealed.
   58         Section 4. Section 11.80, Florida Statutes, is repealed.
   59         Section 5. Sections 11.901, 11.902, 11.903, 11.904, 11.905,
   60  11.9055, 11.906, 11.907, 11.908, 11.910, 11.911, 11.917, 11.918,
   61  11.919, and 11.920, Florida Statutes, are repealed.
   62         Section 6. Paragraph (g) of subsection (4) of section
   63  163.3247, Florida Statutes, is repealed.
   64         Section 7. Section 216.0446, paragraph (f) of subsection
   65  (2) of section 216.163, and section 282.322, Florida Statutes,
   66  are repealed.
   67         Section 8. Section 350.012, Florida Statutes, is repealed.
   68         Section 9. Sections 450.201, 450.221, 450.231, and 450.241,
   69  Florida Statutes, are repealed.
   70         Section 10. Subsections (16) through (19) are added to
   71  section 1.01, Florida Statutes, to read:
   72         1.01 Definitions.—In construing these statutes and each and
   73  every word, phrase, or part hereof, where the context will
   74  permit:
   75         (16) The term “Administrative Procedures Committee” means a
   76  committee designated by joint rule of the Legislature or by
   77  agreement between the President of the Senate and the Speaker of
   78  the House of Representatives.
   79         (17) The term “Legislative Auditing Committee” means a
   80  committee or committees designated by joint rule of the
   81  Legislature, by the President of the Senate or the Speaker of
   82  the House of Representatives, or by agreement between the
   83  President of the Senate and the Speaker of the House of
   84  Representatives.
   85         (18) The term “Office of Program Policy Analysis and
   86  Government Accountability” means an entity designated by joint
   87  rule of the Legislature or by agreement between the President of
   88  the Senate and the Speaker of the House of Representatives.
   89         (19) The term “Office of Economic and Demographic Research”
   90  means an entity designated by joint rule of the Legislature or
   91  by agreement between the President of the Senate and the Speaker
   92  of the House of Representatives.
   93         Section 11. Section 11.147, Florida Statutes, is amended to
   94  read:
   95         11.147 Office of Legislative Services.—
   96         (1) There is created The Office of Legislative Services,
   97  designated as such by joint rule of the Legislature or by
   98  agreement between the President of the Senate and the Speaker of
   99  the House of Representatives, shall to provide support services
  100  that are determined by the President of the Senate and the
  101  Speaker of the House of Representatives to be necessary and that
  102  can be effectively and efficiently provided jointly to both
  103  houses.
  104         (2) The President of the Senate and the Speaker of the
  105  House of Representatives may select a coordinator for the Office
  106  of Legislative Services, who shall report directly to the
  107  President of the Senate and the Speaker of the House of
  108  Representatives or their respective designees.
  109         (3) The joint committees and other joint units of the
  110  Legislature shall be governed by joint rules of the Senate and
  111  House of Representatives which shall remain in effect until
  112  repealed or amended by concurrent resolution.
  113         (3)(4) The Office of Legislative Services shall deliver
  114  such vouchers covering legislative expenses as required to the
  115  Chief Financial Officer and, if found to be correct, state
  116  warrants shall be issued therefor.
  117         Section 12. Section 11.40, Florida Statutes, is amended to
  118  read:
  119         11.40 Legislative Auditing Committee.—
  120         (1) There is created a standing joint committee of the
  121  Legislature designated the Legislative Auditing Committee,
  122  composed of 10 members as follows: 5 members of the Senate, to
  123  be appointed by the President of the Senate, and 5 members of
  124  the House of Representatives, to be appointed by the Speaker of
  125  the House of Representatives. The terms of members shall be for
  126  2 years and shall run from the organization of one Legislature
  127  to the organization of the next Legislature. Vacancies occurring
  128  during the interim period shall be filled in the same manner as
  129  the original appointment. The members of the committee shall
  130  elect a chair and vice chair. During the 2-year term, a member
  131  of each house shall serve as chair for 1 year.
  132         (2) The committee shall be governed by joint rules of the
  133  Senate and House of Representatives which shall remain in effect
  134  until repealed or amended by concurrent resolution.
  135         (3) The Legislative Auditing Committee may direct the
  136  Auditor General or the Office of Program Policy Analysis and
  137  Government Accountability to conduct an audit, review, or
  138  examination of any entity or record described in s. 11.45(2) or
  139  (3).
  140         (1)(4) The Legislative Auditing Committee:
  141         (a) may take under investigation any matter within the
  142  scope of an audit, review, or examination either completed or
  143  then being conducted by the Auditor General or the Office of
  144  Program Policy Analysis and Government Accountability, and, in
  145  connection with such investigation, may exercise the powers of
  146  subpoena by law vested in a standing committee of the
  147  Legislature.
  148         (b) Shall provide oversight and management of the website
  149  developed pursuant to s. 215.985.
  150         (2)(5) Following notification by the Auditor General, the
  151  Department of Financial Services, or the Division of Bond
  152  Finance of the State Board of Administration of the failure of a
  153  local governmental entity, district school board, charter
  154  school, or charter technical career center to comply with the
  155  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
  156  s. 218.38, the Legislative Auditing Committee may schedule a
  157  hearing to. If a hearing is scheduled, the committee shall
  158  determine if the entity should be subject to further state
  159  action. If the committee determines that the entity should be
  160  subject to further state action, the committee shall:
  161         (a) In the case of a local governmental entity or district
  162  school board, direct the Department of Revenue and the
  163  Department of Financial Services to withhold any funds not
  164  pledged for bond debt service satisfaction which are payable to
  165  such entity until the entity complies with the law. The
  166  committee shall specify the date such action shall begin, and
  167  the directive must be received by the Department of Revenue and
  168  the Department of Financial Services 30 days before the date of
  169  the distribution mandated by law. The Department of Revenue and
  170  the Department of Financial Services may implement the
  171  provisions of this paragraph.
  172         (b) In the case of a special district, notify the
  173  Department of Community Affairs that the special district has
  174  failed to comply with the law. Upon receipt of notification, the
  175  Department of Community Affairs shall proceed pursuant to the
  176  provisions specified in s. 189.421.
  177         (c) In the case of a charter school or charter technical
  178  career center, notify the appropriate sponsoring entity, which
  179  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
  180         (3)(6)(a) As used in this subsection, “independent contract
  181  auditor” means a state-licensed certified public accountant or
  182  firm with which a state-licensed certified public accountant is
  183  currently employed or associated who is actively engaged in the
  184  accounting profession.
  185         (b) Audits specified in this subsection cover the quarterly
  186  compensation reports for the previous calendar year for a random
  187  sample of 3 percent of all legislative branch lobbying firms and
  188  a random sample of 3 percent of all executive branch lobbying
  189  firms calculated using as the total number of such lobbying
  190  firms those filing a compensation report for the preceding
  191  calendar year. The committee shall provide for a system of
  192  random selection of the lobbying firms to be audited.
  193         (c) The committee shall create and maintain a list of not
  194  less than 10 independent contract auditors approved to conduct
  195  the required audits. Each lobbying firm selected for audit in
  196  the random audit process may designate one of the independent
  197  contract auditors from the committee’s approved list. Upon
  198  failure for any reason of a lobbying firm selected in the random
  199  selection process to designate an independent contract auditor
  200  from the committee’s list within 30 calendar days after being
  201  notified by the committee of its selection, the committee shall
  202  assign one of the available independent contract auditors from
  203  the approved list to perform the required audit. No independent
  204  contract auditor, whether designated by the lobbying firm or by
  205  the committee, may perform the audit of a lobbying firm where
  206  the auditor and lobbying firm have ever had a direct personal
  207  relationship or any professional accounting, auditing, tax
  208  advisory, or tax preparing relationship with each other. The
  209  committee shall obtain a written, sworn certification subject to
  210  s. 837.06, both from the randomly selected lobbying firm and
  211  from the proposed independent contract auditor, that no such
  212  relationship has ever existed.
  213         (d) Each independent contract auditor shall be engaged by
  214  and compensated solely by the state for the work performed in
  215  accomplishing an audit under this subsection.
  216         (e) Any violations of law, deficiencies, or material
  217  misstatements discovered and noted in an audit report shall be
  218  clearly identified in the audit report and be determined under
  219  the rules of either house of the Legislature or under the joint
  220  rules, as applicable.
  221         (f) If any lobbying firm fails to give full, frank, and
  222  prompt cooperation and access to books, records, and associated
  223  backup documents as requested in writing by the auditor, that
  224  failure shall be clearly noted by the independent contract
  225  auditor in the report of audit.
  226         (g) The committee shall establish procedures for the
  227  selection of independent contract auditors desiring to enter
  228  into audit contracts pursuant to this subsection. Such
  229  procedures shall include, but not be limited to, a rating system
  230  that takes into account pertinent information, including the
  231  independent contract auditor’s fee proposals for participating
  232  in the process. All contracts under this subsection between an
  233  independent contract auditor and the Speaker of the House of
  234  Representatives and the President of the Senate shall be
  235  terminable by either party at any time upon written notice to
  236  the other, and such contracts may contain such other terms and
  237  conditions as the Speaker of the House of Representatives and
  238  the President of the Senate deem appropriate under the
  239  circumstances.
  240         (h) The committee shall adopt guidelines that govern random
  241  audits and field investigations conducted pursuant to this
  242  subsection. The guidelines shall ensure that similarly situated
  243  compensation reports are audited in a uniform manner. The
  244  guidelines shall also be formulated to encourage compliance and
  245  detect violations of the legislative and executive lobbying
  246  compensation reporting requirements in ss. 11.045 and 112.3215
  247  and to ensure that each audit is conducted with maximum
  248  efficiency in a cost-effective manner. In adopting the
  249  guidelines, the committee shall consider relevant guidelines and
  250  standards of the American Institute of Certified Public
  251  Accountants to the extent that such guidelines and standards are
  252  applicable and consistent with the purposes set forth in this
  253  subsection.
  254         (i) All audit reports of legislative lobbying firms shall,
  255  upon completion by an independent contract auditor, be delivered
  256  to the President of the Senate and the Speaker of the House of
  257  Representatives for their respective review and handling. All
  258  audit reports of executive branch lobbyists, upon completion by
  259  an independent contract auditor, shall be delivered by the
  260  auditor to the Commission on Ethics.
  261         Section 13. Subsections (1) and (6) and paragraphs (a),
  262  (b), and (d) of subsection (7) of section 11.45, Florida
  263  Statutes, are amended to read:
  264         11.45 Definitions; duties; authorities; reports; rules.—
  265         (1) DEFINITIONS.—As used in ss. 11.40-11.511 11.40-11.513,
  266  the term:
  267         (a) “Audit” means a financial audit, operational audit, or
  268  performance audit.
  269         (b) “County agency” means a board of county commissioners
  270  or other legislative and governing body of a county, however
  271  styled, including that of a consolidated or metropolitan
  272  government, a clerk of the circuit court, a separate or ex
  273  officio clerk of the county court, a sheriff, a property
  274  appraiser, a tax collector, a supervisor of elections, or any
  275  other officer in whom any portion of the fiscal duties of the
  276  above are under law separately placed.
  277         (c) “Financial audit” means an examination of financial
  278  statements in order to express an opinion on the fairness with
  279  which they are presented in conformity with generally accepted
  280  accounting principles and an examination to determine whether
  281  operations are properly conducted in accordance with legal and
  282  regulatory requirements. Financial audits must be conducted in
  283  accordance with generally accepted auditing standards and
  284  government auditing standards as adopted by the Board of
  285  Accountancy.
  286         (d) “Governmental entity” means a state agency, a county
  287  agency, or any other entity, however styled, that independently
  288  exercises any type of state or local governmental function.
  289         (e) “Local governmental entity” means a county agency,
  290  municipality, or special district as defined in s. 189.403, but
  291  does not include any housing authority established under chapter
  292  421.
  293         (f) “Management letter” means a statement of the auditor’s
  294  comments and recommendations.
  295         (g) “Operational audit” means a financial-related audit
  296  whose purpose is to evaluate management’s performance in
  297  administering assigned responsibilities in accordance with
  298  applicable laws, administrative rules, and other guidelines and
  299  to determine the extent to which the internal control, as
  300  designed and placed in operation, promotes and encourages the
  301  achievement of management’s control objectives in the categories
  302  of compliance, economic and efficient operations, reliability of
  303  financial records and reports, and safeguarding of assets.
  304         (h) “Performance audit” means an examination of a program,
  305  activity, or function of a governmental entity, conducted in
  306  accordance with applicable government auditing standards or
  307  auditing and evaluation standards of other appropriate
  308  authoritative bodies. The term includes an examination of issues
  309  related to:
  310         1. Economy, efficiency, or effectiveness of the program.
  311         2. Structure or design of the program to accomplish its
  312  goals and objectives.
  313         3. Adequacy of the program to meet the needs identified by
  314  the Legislature or governing body.
  315         4. Alternative methods of providing program services or
  316  products.
  317         5. Goals, objectives, and performance measures used by the
  318  agency to monitor and report program accomplishments.
  319         6. The accuracy or adequacy of public documents, reports,
  320  or requests prepared under the program by state agencies.
  321         7. Compliance of the program with appropriate policies,
  322  rules, or laws.
  323         8. Any other issues related to governmental entities as
  324  directed by the Legislative Auditing Committee.
  325         (i) “Political subdivision” means a separate agency or unit
  326  of local government created or established by law and includes,
  327  but is not limited to, the following and the officers thereof:
  328  authority, board, branch, bureau, city, commission, consolidated
  329  government, county, department, district, institution,
  330  metropolitan government, municipality, office, officer, public
  331  corporation, town, or village.
  332         (j) “State agency” means a separate agency or unit of state
  333  government created or established by law and includes, but is
  334  not limited to, the following and the officers thereof:
  335  authority, board, branch, bureau, commission, department,
  336  division, institution, office, officer, or public corporation,
  337  as the case may be, except any such agency or unit within the
  338  legislative branch of state government other than the Florida
  339  Public Service Commission.
  340         (6) REQUEST BY A LOCAL GOVERNMENTAL ENTITY FOR AN AUDIT BY
  341  THE AUDITOR GENERAL.—Whenever a local governmental entity
  342  requests the Auditor General to conduct an audit of all or part
  343  of its operations and the Auditor General conducts the audit
  344  under his or her own authority or at the direction of the
  345  Legislative Auditing Committee, the expenses of the audit shall
  346  be paid by the local governmental entity. The Auditor General
  347  shall estimate the cost of the audit. Fifty percent of the cost
  348  estimate shall be paid by the local governmental entity before
  349  the initiation of the audit and deposited into the General
  350  Revenue Fund of the state. After the completion of the audit,
  351  the Auditor General shall notify the local governmental entity
  352  of the actual cost of the audit. The local governmental entity
  353  shall remit the remainder of the cost of the audit to the
  354  Auditor General for deposit into the General Revenue Fund of the
  355  state. If the local governmental entity fails to comply with
  356  paying the remaining cost of the audit, the Auditor General
  357  shall notify the Legislative Auditing Committee. The committee
  358  shall proceed in accordance with s. 11.40(5).
  359         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  360         (a) The Auditor General shall notify the Legislative
  361  Auditing Committee of any local governmental entity, district
  362  school board, charter school, or charter technical career center
  363  that does not comply with the reporting requirements of s.
  364  218.39. The committee shall proceed in accordance with s.
  365  11.40(5).
  366         (b) The Auditor General, in consultation with the Board of
  367  Accountancy, shall review all audit reports submitted pursuant
  368  to s. 218.39. The Auditor General shall request any significant
  369  items that were omitted in violation of a rule adopted by the
  370  Auditor General. The items must be provided within 45 days after
  371  the date of the request. If the governmental entity does not
  372  comply with the Auditor General’s request, the Auditor General
  373  shall notify the Legislative Auditing Committee. The committee
  374  shall proceed in accordance with s. 11.40(5).
  375         (d) During the Auditor General’s review of audit reports,
  376  he or she shall contact those units of local government, as
  377  defined in s. 218.403, that are not in compliance with s.
  378  218.415 and request evidence of corrective action. The unit of
  379  local government shall provide the Auditor General with evidence
  380  of corrective action within 45 days after the date it is
  381  requested by the Auditor General. If the unit of local
  382  government fails to comply with the Auditor General’s request,
  383  the Auditor General shall notify the Legislative Auditing
  384  Committee. The committee shall proceed in accordance with s.
  385  11.40(5).
  386         Section 14. Section 11.51, Florida Statutes, is amended to
  387  read:
  388         11.51 Office of Program Policy Analysis and Government
  389  Accountability.—
  390         (1) There is hereby created the Office of Program Policy
  391  Analysis and Government Accountability as a unit of the Office
  392  of the Auditor General appointed pursuant to s. 11.42. The
  393  office shall perform independent examinations, program reviews,
  394  and other projects as provided by general law, as provided by
  395  concurrent resolution, or as directed by the Legislative
  396  Auditing Committee, and shall provide recommendations, training,
  397  or other services to assist the Legislature.
  398         (2) The Office of Program Policy Analysis and Government
  399  Accountability is independent of the Auditor General appointed
  400  pursuant to s. 11.42 for purposes of general policies
  401  established by the Legislative Auditing Committee.
  402         (3) The Office of Program Policy Analysis and Government
  403  Accountability shall maintain a schedule of examinations of
  404  state programs.
  405         (1)(4) The Office of Program Policy Analysis and Government
  406  Accountability is authorized to examine all entities and records
  407  listed in s. 11.45(3).
  408         (2)(5) At the conclusion of an examination, the designated
  409  representative of the director of the Office of Program Policy
  410  Analysis and Government Accountability shall discuss the
  411  examination with the official whose office is examined and
  412  submit to that official the Office of Program Policy Analysis
  413  and Government Accountability’s preliminary findings. If the
  414  official is not available for receipt of the preliminary
  415  findings, clearly designated as such, delivery thereof is
  416  presumed to be made when it is delivered to his or her office.
  417  Whenever necessary, the Office of Program Policy Analysis and
  418  Government Accountability may request the official to submit his
  419  or her written statement of explanation or rebuttal within 15
  420  days after the receipt of the findings. If the response time is
  421  not requested to be within 15 days, the official shall submit
  422  his or her response within 30 days after receipt of the
  423  preliminary findings.
  424         (3)(6) No later than 18 months after the release of a
  425  report of the Office of Program Policy Analysis and Government
  426  Accountability, the agencies that are the subject of that report
  427  shall provide data and other information that describes with
  428  specificity what the agencies have done to respond to the
  429  recommendations contained in the report. The Office of Program
  430  Policy Analysis and Government Accountability may verify the
  431  data and information provided by the agencies. If the data and
  432  information provided by the agencies are deemed sufficient and
  433  accurate, the Office of Program Policy Analysis and Government
  434  Accountability shall report to the Legislative Auditing
  435  Committee and to the legislative standing committees concerned
  436  with the subject areas of the audit. The report shall include a
  437  summary of the agencies’ responses, the evaluation of those
  438  responses, and any recommendations deemed to be appropriate.
  439         Section 15. Subsection (1) of section 29.0085, Florida
  440  Statutes, is amended to read:
  441         29.0085 Annual statement of certain revenues and
  442  expenditures.—
  443         (1) Each county shall submit annually to the Chief
  444  Financial Officer a statement of revenues and expenditures as
  445  set forth in this section in the form and manner prescribed by
  446  the Chief Financial Officer in consultation with the President
  447  of the Senate and the Speaker of the House of Representatives
  448  Legislative Committee on Intergovernmental Relations, provided
  449  that such statement identify total county expenditures on each
  450  of the services outlined in s. 29.008.
  451         Section 16. Paragraph (a) of subsection (9) of section
  452  112.313, Florida Statutes, is amended to read:
  453         112.313 Standards of conduct for public officers, employees
  454  of agencies, and local government attorneys.—
  455         (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
  456  LEGISLATORS AND LEGISLATIVE EMPLOYEES.—
  457         (a)1. It is the intent of the Legislature to implement by
  458  statute the provisions of s. 8(e), Art. II of the State
  459  Constitution relating to legislators, statewide elected
  460  officers, appointed state officers, and designated public
  461  employees.
  462         2. As used in this paragraph:
  463         a. “Employee” means:
  464         (I) Any person employed in the executive or legislative
  465  branch of government holding a position in the Senior Management
  466  Service as defined in s. 110.402 or any person holding a
  467  position in the Selected Exempt Service as defined in s. 110.602
  468  or any person having authority over policy or procurement
  469  employed by the Department of the Lottery.
  470         (II) The Auditor General, the director of the Office of
  471  Program Policy Analysis and Government Accountability, the
  472  Sergeant at Arms and Secretary of the Senate, and the Sergeant
  473  at Arms and Clerk of the House of Representatives.
  474         (III) The executive director of the Legislative Committee
  475  on Intergovernmental Relations and the executive director and
  476  deputy executive director of the Commission on Ethics.
  477         (IV) An executive director, staff director, or deputy staff
  478  director of each joint committee, standing committee, or select
  479  committee of the Legislature; an executive director, staff
  480  director, executive assistant, analyst, or attorney of the
  481  Office of the President of the Senate, the Office of the Speaker
  482  of the House of Representatives, the Senate Majority Party
  483  Office, Senate Minority Party Office, House Majority Party
  484  Office, or House Minority Party Office; or any person, hired on
  485  a contractual basis, having the power normally conferred upon
  486  such persons, by whatever title.
  487         (V) The Chancellor and Vice Chancellors of the State
  488  University System; the general counsel to the Board of Governors
  489  of the State University System; and the president, provost, vice
  490  presidents, and deans of each state university.
  491         (VI) Any person, including an other-personal-services
  492  employee, having the power normally conferred upon the positions
  493  referenced in this sub-subparagraph.
  494         b. “Appointed state officer” means any member of an
  495  appointive board, commission, committee, council, or authority
  496  of the executive or legislative branch of state government whose
  497  powers, jurisdiction, and authority are not solely advisory and
  498  include the final determination or adjudication of any personal
  499  or property rights, duties, or obligations, other than those
  500  relative to its internal operations.
  501         c. “State agency” means an entity of the legislative,
  502  executive, or judicial branch of state government over which the
  503  Legislature exercises plenary budgetary and statutory control.
  504         3. No member of the Legislature, appointed state officer,
  505  or statewide elected officer shall personally represent another
  506  person or entity for compensation before the government body or
  507  agency of which the individual was an officer or member for a
  508  period of 2 years following vacation of office. No member of the
  509  Legislature shall personally represent another person or entity
  510  for compensation during his or her term of office before any
  511  state agency other than judicial tribunals or in settlement
  512  negotiations after the filing of a lawsuit.
  513         4. An agency employee, including an agency employee who was
  514  employed on July 1, 2001, in a Career Service System position
  515  that was transferred to the Selected Exempt Service System under
  516  chapter 2001-43, Laws of Florida, may not personally represent
  517  another person or entity for compensation before the agency with
  518  which he or she was employed for a period of 2 years following
  519  vacation of position, unless employed by another agency of state
  520  government.
  521         5. Any person violating this paragraph shall be subject to
  522  the penalties provided in s. 112.317 and a civil penalty of an
  523  amount equal to the compensation which the person receives for
  524  the prohibited conduct.
  525         6. This paragraph is not applicable to:
  526         a. A person employed by the Legislature or other agency
  527  prior to July 1, 1989;
  528         b. A person who was employed by the Legislature or other
  529  agency on July 1, 1989, whether or not the person was a defined
  530  employee on July 1, 1989;
  531         c. A person who was a defined employee of the State
  532  University System or the Public Service Commission who held such
  533  employment on December 31, 1994;
  534         d. A person who has reached normal retirement age as
  535  defined in s. 121.021(29), and who has retired under the
  536  provisions of chapter 121 by July 1, 1991; or
  537         e. Any appointed state officer whose term of office began
  538  before January 1, 1995, unless reappointed to that office on or
  539  after January 1, 1995.
  540         Section 17. Paragraph (c) of subsection (9) of section
  541  112.3189, Florida Statutes, is amended to read:
  542         112.3189 Investigative procedures upon receipt of whistle
  543  blower information from certain state employees.—
  544         (9)
  545         (c) The Chief Inspector General shall transmit any final
  546  report under this section, any comments provided by the
  547  complainant, and any appropriate comments or recommendations by
  548  the Chief Inspector General to the Governor, to the Joint
  549  Legislative Auditing Committee, to the investigating agency, and
  550  to the Chief Financial Officer.
  551         Section 18. Subsection (8) of section 112.324, Florida
  552  Statutes, is amended to read:
  553         112.324 Procedures on complaints of violations; public
  554  records and meeting exemptions.—
  555         (8) If, in cases pertaining to complaints other than
  556  complaints against impeachable officers or members of the
  557  Legislature, upon completion of a full and final investigation
  558  by the commission, the commission finds that there has been a
  559  violation of this part or of s. 8, Art. II of the State
  560  Constitution, it shall be the duty of the commission to report
  561  its findings and recommend appropriate action to the proper
  562  disciplinary official or body as follows, and such official or
  563  body shall have the power to invoke the penalty provisions of
  564  this part, including the power to order the appropriate
  565  elections official to remove a candidate from the ballot for a
  566  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
  567  State Constitution:
  568         (a) The President of the Senate and the Speaker of the
  569  House of Representatives, jointly, in any case concerning the
  570  Public Counsel, members of the Public Service Commission,
  571  members of the Public Service Commission Nominating Council, the
  572  Auditor General, or the director of the Office of Program Policy
  573  Analysis and Government Accountability, or members of the
  574  Legislative Committee on Intergovernmental Relations.
  575         (b) The Supreme Court, in any case concerning an employee
  576  of the judicial branch.
  577         (c) The President of the Senate, in any case concerning an
  578  employee of the Senate; the Speaker of the House of
  579  Representatives, in any case concerning an employee of the House
  580  of Representatives; or the President and the Speaker, jointly,
  581  in any case concerning an employee of a committee of the
  582  Legislature whose members are appointed solely by the President
  583  and the Speaker or in any case concerning an employee of the
  584  Public Counsel, Public Service Commission, Auditor General, or
  585  Office of Program Policy Analysis and Government Accountability,
  586  or Legislative Committee on Intergovernmental Relations.
  587         (d) Except as otherwise provided by this part, the
  588  Governor, in the case of any other public officer, public
  589  employee, former public officer or public employee, candidate or
  590  former candidate, or person who is not a public officer or
  591  employee, other than lobbyists and lobbying firms under s.
  592  112.3215 for violations of s. 112.3215.
  593         (e) The President of the Senate or the Speaker of the House
  594  of Representatives, whichever is applicable, in any case
  595  concerning a former member of the Legislature who has violated a
  596  provision applicable to former members or whose violation
  597  occurred while a member of the Legislature.
  598         Section 19. Subsections (4) and (5) of section 125.045,
  599  Florida Statutes, are amended to read:
  600         125.045 County economic development powers.—
  601         (4) A contract between the governing body of a county or
  602  other entity engaged in economic development activities on
  603  behalf of the county and an economic development agency must
  604  require the agency or entity receiving county funds to submit a
  605  report to the governing body of the county detailing how county
  606  funds were spent and detailing the results of the economic
  607  development agency’s or entity’s efforts on behalf of the
  608  county. By January 15, 2011, and annually thereafter, the county
  609  must file a copy of the report with the Office of Economic and
  610  Demographic Research Legislative Committee on Intergovernmental
  611  Relations or its successor entity and post a copy of the report
  612  on the county’s website.
  613         (5)(a) By January 15, 2011, and annually thereafter, each
  614  county shall report to the Office of Economic and Demographic
  615  Research Legislative Committee on Intergovernmental Relations or
  616  its successor entity the economic development incentives in
  617  excess of $25,000 given to any business during the county’s
  618  previous fiscal year. The Office of Economic and Demographic
  619  Research Legislative Committee on Intergovernmental Relations or
  620  its successor entity shall compile the information from the
  621  counties into a report and provide the report to the President
  622  of the Senate and the Speaker of the House of Representatives
  623  the Office of Tourism, Trade, and Economic Development. Economic
  624  development incentives include:
  625         1. Direct financial incentives of monetary assistance
  626  provided to a business from the county or through an
  627  organization authorized by the county. Such incentives include,
  628  but are not limited to, grants, loans, equity investments, loan
  629  insurance and guarantees, and training subsidies.
  630         2. Indirect incentives in the form of grants and loans
  631  provided to businesses and community organizations that provide
  632  support to businesses or promote business investment or
  633  development.
  634         3. Fee-based or tax-based incentives, including, but not
  635  limited to, credits, refunds, exemptions, and property tax
  636  abatement or assessment reductions.
  637         4. Below-market rate leases or deeds for real property.
  638         (b) A county shall report its economic development
  639  incentives in the format specified by the Office of Economic and
  640  Demographic Research Legislative Committee on Intergovernmental
  641  Relations or its successor entity.
  642         (c) The Office of Economic and Demographic Research
  643  Legislative Committee on Intergovernmental Relations or its
  644  successor entity shall compile the economic development
  645  incentives provided by each county in a manner that shows the
  646  total of each class of economic development incentives provided
  647  by each county and all counties.
  648         Section 20. Subsections (4), (5), (6), and (9) of section
  649  163.055, Florida Statutes, are amended to read:
  650         163.055 Local Government Financial Technical Assistance
  651  Program.—
  652         (4) The Chief Financial Officer shall enter into contracts
  653  with program providers who shall:
  654         (a) Be a public agency or private, nonprofit corporation,
  655  association, or entity.
  656         (b) Use existing resources, services, and information that
  657  are available from state or local agencies, universities, or the
  658  private sector.
  659         (c) Seek and accept funding from any public or private
  660  source.
  661         (d) Annually submit information to assist the Legislative
  662  Committee on Intergovernmental Relations in preparing a
  663  performance review that will include an analysis of the
  664  effectiveness of the program.
  665         (d)(e) Assist municipalities and independent special
  666  districts in developing alternative revenue sources.
  667         (e)(f) Provide for an annual independent financial audit of
  668  the program, if the program receives funding.
  669         (f)(g) Provide assistance to municipalities and special
  670  districts in the areas of financial management, accounting,
  671  investing, budgeting, and debt issuance.
  672         (g)(h) Develop a needs assessment to determine where
  673  assistance should be targeted, and to establish a priority
  674  system to deliver assistance to those jurisdictions most in need
  675  through the most economical means available.
  676         (h)(i) Provide financial emergency assistance upon
  677  direction from the Executive Office of the Governor pursuant to
  678  s. 218.503.
  679         (5)(a) The Chief Financial Officer shall issue a request
  680  for proposals to provide assistance to municipalities and
  681  special districts. At the request of the Chief Financial
  682  Officer, the Legislative Committee on Intergovernmental
  683  Relations shall assist in the preparation of the request for
  684  proposals.
  685         (b) The Chief Financial Officer shall review each contract
  686  proposal submitted.
  687         (c) The Legislative Committee on Intergovernmental
  688  Relations shall review each contract proposal and submit to the
  689  Chief Financial Officer, in writing, advisory comments and
  690  recommendations, citing with specificity the reasons for its
  691  recommendations.
  692         (c)(d) The Chief Financial Officer and the Legislative
  693  Committee on Intergovernmental Relations shall consider the
  694  following factors in reviewing contract proposals:
  695         1. The demonstrated capacity of the provider to conduct
  696  needs assessments and implement the program as proposed.
  697         2. The number of municipalities and special districts to be
  698  served under the proposal.
  699         3. The cost of the program as specified in a proposed
  700  budget.
  701         4. The short-term and long-term benefits of the assistance
  702  to municipalities and special districts.
  703         5. The form and extent to which existing resources,
  704  services, and information that are available from state and
  705  local agencies, universities, and the private sector will be
  706  used by the provider under the contract.
  707         (6) A decision of the Chief Financial Officer to award a
  708  contract under this section is final and shall be in writing
  709  with a copy provided to the Legislative Committee on
  710  Intergovernmental Relations.
  711         (9) The Legislative Committee on Intergovernmental
  712  Relations shall annually conduct a performance review of the
  713  program. The findings of the review shall be presented in a
  714  report submitted to the Governor, the President of the Senate,
  715  the Speaker of the House of Representatives, and the Chief
  716  Financial Officer by January 15 of each year.
  717         Section 21. Subsection (6) of section 163.3245, Florida
  718  Statutes, is amended to read:
  719         163.3245 Optional sector plans.—
  720         (6) Beginning December 1, 1999, and each year thereafter,
  721  the department shall provide a status report to the President of
  722  the Senate and the Speaker of the House of Representatives
  723  Legislative Committee on Intergovernmental Relations regarding
  724  each optional sector plan authorized under this section.
  725         Section 22. Paragraphs (d) and (e) of subsection (9) of
  726  section 166.021, Florida Statutes, are amended to read:
  727         166.021 Powers.—
  728         (9)
  729         (d) A contract between the governing body of a municipality
  730  or other entity engaged in economic development activities on
  731  behalf of the municipality and an economic development agency
  732  must require the agency or entity receiving municipal funds to
  733  submit a report to the governing body of the municipality
  734  detailing how the municipal funds are spent and detailing the
  735  results of the economic development agency’s or entity’s efforts
  736  on behalf of the municipality. By January 15, 2011, and annually
  737  thereafter, the municipality shall file a copy of the report
  738  with the Office of Economic and Demographic Research Legislative
  739  Committee on Intergovernmental Relations or its successor entity
  740  and post a copy of the report on the municipality’s website.
  741         (e)1. By January 15, 2011, and annually thereafter
  742  therafter, each municipality having annual revenues or
  743  expenditures greater than $250,000 shall report to the Office of
  744  Economic and Demographic Research Legislative Committee on
  745  Intergovernmental Relations or its successor entity the economic
  746  development incentives in excess of $25,000 given to any
  747  business during the municipality’s previous fiscal year. The
  748  Office of Economic and Demographic Research Legislative
  749  Committee on Intergovernmental Relations or its successor entity
  750  shall compile the information from the municipalities into a
  751  report and provide the report to the President of the Senate and
  752  the Speaker of the House of Representatives the Office of
  753  Tourism, Trade, and Economic Development. Economic development
  754  incentives include:
  755         a. Direct financial incentives of monetary assistance
  756  provided to a business from the municipality or through an
  757  organization authorized by the municipality. Such incentives
  758  include, but are not limited to, grants, loans, equity
  759  investments, loan insurance and guarantees, and training
  760  subsidies.
  761         b. Indirect incentives in the form of grants and loans
  762  provided to businesses and community organizations that provide
  763  support to businesses or promote business investment or
  764  development.
  765         c. Fee-based or tax-based incentives, including, but not
  766  limited to, credits, refunds, exemptions, and property tax
  767  abatement or assessment reductions.
  768         d. Below-market rate leases or deeds for real property.
  769         2. A municipality shall report its economic development
  770  incentives in the format specified by the Office of Economic and
  771  Demographic Research Legislative Committee on Intergovernmental
  772  Relations or its successor entity.
  773         3. The Office of Economic and Demographic Research
  774  Legislative Committee on Intergovernmental Relations or its
  775  successor entity shall compile the economic development
  776  incentives provided by each municipality in a manner that shows
  777  the total of each class of economic development incentives
  778  provided by each municipality and all municipalities.
  779         Section 23. Subsection (3) of section 189.421, Florida
  780  Statutes, is amended to read:
  781         189.421 Failure of district to disclose financial reports.—
  782         (3) Pursuant to s. 11.40(2)(5)(b), the Legislative Auditing
  783  Committee shall notify the department of those districts that
  784  failed to file the required report. Within 30 days after
  785  receiving this notice or within 30 days after the extension date
  786  provided in subsection (1), whichever occurs later, the
  787  department shall proceed as follows: notwithstanding the
  788  provisions of chapter 120, the department shall file a petition
  789  for writ of certiorari with the circuit court. Venue for all
  790  actions pursuant to this subsection shall be in Leon County. The
  791  court shall award the prevailing party attorney’s fees and costs
  792  in all cases filed pursuant to this section unless affirmatively
  793  waived by all parties. A writ of certiorari shall be issued
  794  unless a respondent establishes that the notification of the
  795  Legislative Auditing Committee was issued as a result of
  796  material error. Proceedings under this subsection shall
  797  otherwise be governed by the Rules of Appellate Procedure.
  798         Section 24. Subsection (5) of section 216.181, Florida
  799  Statutes, is amended to read:
  800         216.181 Approved budgets for operations and fixed capital
  801  outlay.—
  802         (5) An amendment to the original operating budget for an
  803  information technology project or initiative that involves more
  804  than one agency, has an outcome that impacts another agency, or
  805  exceeds $500,000 in total cost over a 1-year period, except for
  806  those projects that are a continuation of hardware or software
  807  maintenance or software licensing agreements, or that are for
  808  desktop replacement that is similar to the technology currently
  809  in use must be reviewed by the Technology Review Workgroup
  810  pursuant to s. 216.0446 and approved by the Executive Office of
  811  the Governor for the executive branch or by the Chief Justice
  812  for the judicial branch, and shall be subject to approval by the
  813  Legislative Budget Commission as well as the notice and
  814  objection procedures set forth in s. 216.177.
  815         Section 25. Paragraph (f) of subsection (1) of section
  816  218.32, Florida Statutes, is amended to read:
  817         218.32 Annual financial reports; local governmental
  818  entities.—
  819         (1)
  820         (f) If the department does not receive a completed annual
  821  financial report from a local governmental entity within the
  822  required period, it shall notify the Legislative Auditing
  823  Committee of the local governmental entity’s failure to comply
  824  with the reporting requirements. The committee shall proceed in
  825  accordance with s. 11.40(5).
  826         Section 26. Subsection (3) of section 218.38, Florida
  827  Statutes, is amended to read:
  828         218.38 Notice of bond issues required; verification.—
  829         (3) If a unit of local government fails to verify pursuant
  830  to subsection (2) the information held by the division, or fails
  831  to provide the information required by subsection (1), the
  832  division shall notify the Legislative Auditing Committee of such
  833  failure to comply. The committee shall proceed in accordance
  834  with s. 11.40(5).
  835         Section 27. Paragraph (b) of subsection (2) of section
  836  287.0943, Florida Statutes, is amended to read:
  837         287.0943 Certification of minority business enterprises.—
  838         (2)
  839         (b) The task force shall be regionally balanced and
  840  comprised of officials representing the department, counties,
  841  municipalities, school boards, special districts, and other
  842  political subdivisions of the state who administer programs to
  843  assist minority businesses in procurement or development in
  844  government-sponsored programs. The following organizations may
  845  appoint two members each of the task force who fit the
  846  description above:
  847         1. The Florida League of Cities, Inc.
  848         2. The Florida Association of Counties.
  849         3. The Florida School Boards Association, Inc.
  850         4. The Association of Special Districts.
  851         5. The Florida Association of Minority Business Enterprise
  852  Officials.
  853         6. The Florida Association of Government Purchasing
  854  Officials.
  855  
  856  In addition, the Office of Supplier Diversity shall appoint
  857  seven members consisting of three representatives of minority
  858  business enterprises, one of whom should be a woman business
  859  owner, two officials of the office, and two at-large members to
  860  ensure balance. The chairperson of the Legislative Committee on
  861  Intergovernmental Relations or a designee shall be a member of
  862  the task force, ex officio. A quorum shall consist of one-third
  863  of the current members, and the task force may take action by
  864  majority vote. Any vacancy may only be filled by the
  865  organization or agency originally authorized to appoint the
  866  position.
  867         Section 28. Subsection (4) of section 288.7001, Florida
  868  Statutes, is amended to read:
  869         288.7001 Small Business Regulatory Advisory Council.—
  870         (4) PERIODIC REVIEW OF RULES.—
  871         (a) In coordination with the sunset review schedule
  872  provided in s. 11.905, The council may periodically review rules
  873  of agencies subject to sunset review to determine whether the
  874  rules should be continued without change or should be amended or
  875  repealed to reduce the impact of the rules on small businesses,
  876  subject to the requirement that the recommendations of the
  877  council must be feasible and consistent with the stated
  878  objectives of the rules.
  879         (b) In reviewing agency rules to reduce the impact on small
  880  businesses, the council, in coordination with the agency, shall
  881  consider the following factors:
  882         1. Continued need for the rule;
  883         2. The nature of complaints or comments received from the
  884  public concerning the rule;
  885         3. The complexity of the rule;
  886         4. The extent to which the rule overlaps, duplicates, or
  887  conflicts with other federal, state, and local government rules;
  888  and
  889         5. The length of time since the rule has been evaluated or
  890  the degree to which technology, economic conditions, or other
  891  factors have changed in the topical area affected by the rule.
  892         (c) Within 6 months after the agency report is submitted to
  893  the Joint Legislative Sunset Committee pursuant to s. 11.907,
  894  The council shall provide a report its conclusions upon
  895  completion of any review under paragraph (a) to the Governor,
  896  the President of the Senate, and the Speaker of the House of
  897  Representatives, and the Joint Legislative Sunset Committee that
  898  includes recommendations and evaluations of agency rules and
  899  programs regarding regulatory fairness for small businesses. A
  900  component of the report shall be a rating system, developed by
  901  the council, entitled “Small Business Friendliness and
  902  Development Scorecard.”
  903         Section 29. Subsection (1) of section 350.061, Florida
  904  Statutes, is amended to read:
  905         350.061 Public Counsel; appointment; oath; restrictions on
  906  Public Counsel and his or her employees.—
  907         (1) The committee designated by joint rule of the
  908  Legislature or by agreement between the President of the Senate
  909  and the Speaker of the House of Representatives as the Committee
  910  on Public Counsel Oversight shall appoint a Public Counsel by
  911  majority vote of the members of the committee to represent the
  912  general public of Florida before the Florida Public Service
  913  Commission. The Public Counsel shall be an attorney admitted to
  914  practice before the Florida Supreme Court and shall serve at the
  915  pleasure of the Committee on Public Counsel Oversight, subject
  916  to biennial reconfirmation by the committee. The Public Counsel
  917  shall perform his or her duties independently. Vacancies in the
  918  office shall be filled in the same manner as the original
  919  appointment.
  920         Section 30. Subsection (2) of section 350.0614, Florida
  921  Statutes, is amended to read:
  922         350.0614 Public Counsel; compensation and expenses.—
  923         (2) The Legislature declares and determines that the Public
  924  Counsel is under the legislative branch of government within the
  925  intention of the legislation as expressed in chapter 216, and no
  926  power shall be in the Executive Office of the Governor or its
  927  successor to release or withhold funds appropriated to it, but
  928  the same shall be available for expenditure as provided by law
  929  and the rules or decisions of the Committee on Public Counsel
  930  Oversight.
  931         Section 31. Paragraph (b) of subsection (8) of section
  932  373.026, Florida Statutes, is amended to read:
  933         373.026 General powers and duties of the department.—The
  934  department, or its successor agency, shall be responsible for
  935  the administration of this chapter at the state level. However,
  936  it is the policy of the state that, to the greatest extent
  937  possible, the department may enter into interagency or
  938  interlocal agreements with any other state agency, any water
  939  management district, or any local government conducting programs
  940  related to or materially affecting the water resources of the
  941  state. All such agreements shall be subject to the provisions of
  942  s. 373.046. In addition to its other powers and duties, the
  943  department shall, to the greatest extent possible:
  944         (8)
  945         (b) To ensure to the greatest extent possible that project
  946  components will go forward as planned, the department shall
  947  collaborate with the South Florida Water Management District in
  948  implementing the comprehensive plan as defined in s.
  949  373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
  950  defined in s. 373.4595(2), and the River Watershed Protection
  951  Plans as defined in s. 373.4595(2). Before any project component
  952  is submitted to Congress for authorization or receives an
  953  appropriation of state funds, the department must approve, or
  954  approve with amendments, each project component within 60 days
  955  following formal submittal of the project component to the
  956  department. Prior to the release of state funds for the
  957  implementation of the comprehensive plan, department approval
  958  shall be based upon a determination of the South Florida Water
  959  Management District’s compliance with s. 373.1501(5). Once a
  960  project component is approved, the South Florida Water
  961  Management District shall provide to the President of the Senate
  962  and the Speaker of the House of Representatives Joint
  963  Legislative Committee on Everglades Oversight a schedule for
  964  implementing the project component, the estimated total cost of
  965  the project component, any existing federal or nonfederal
  966  credits, the estimated remaining federal and nonfederal share of
  967  costs, and an estimate of the amount of state funds that will be
  968  needed to implement the project component. All requests for an
  969  appropriation of state funds needed to implement the project
  970  component shall be submitted to the department, and such
  971  requests shall be included in the department’s annual request to
  972  the Governor. Prior to the release of state funds for the
  973  implementation of the Lake Okeechobee Watershed Protection Plan
  974  or the River Watershed Protection Plans, on an annual basis, the
  975  South Florida Water Management District shall prepare an annual
  976  work plan as part of the consolidated annual report required in
  977  s. 373.036(7). Upon a determination by the secretary of the
  978  annual work plan’s consistency with the goals and objectives of
  979  s. 373.4595, the secretary may approve the release of state
  980  funds. Any modifications to the annual work plan shall be
  981  submitted to the secretary for review and approval.
  982         Section 32. Paragraph (e) of subsection (7) of section
  983  373.036, Florida Statutes, is amended to read:
  984         373.036 Florida water plan; district water management
  985  plans.—
  986         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  987         (e) In addition to the elements specified in paragraph (b),
  988  the South Florida Water Management District shall include in the
  989  consolidated annual report the following elements:
  990         1. The Lake Okeechobee Protection Program annual progress
  991  report required by s. 373.4595(3)(g).
  992         2. The Everglades annual progress reports specified in s.
  993  373.4592(4)(d)5., (13), and (14).
  994         3. The Everglades restoration annual report required by s.
  995  373.470(7).
  996         4. The Everglades Forever Act annual implementation report
  997  required by s. 11.80(4).
  998         5. The Everglades Trust Fund annual expenditure report
  999  required by s. 373.45926(3).
 1000         Section 33. Subsections (3) and (7) of section 373.45926,
 1001  Florida Statutes, are amended to read:
 1002         373.45926 Everglades Trust Fund; allocation of revenues and
 1003  expenditure of funds for conservation and protection of natural
 1004  resources and abatement of water pollution.—
 1005         (3) The South Florida Water Management District shall
 1006  furnish, as part of the consolidated annual report required by
 1007  s. 373.036(7), a detailed copy of its expenditures from the
 1008  Everglades Trust Fund to the Governor, the President of the
 1009  Senate, and the Speaker of the House of Representatives, and
 1010  shall make copies available to the public. The information shall
 1011  be provided in a format approved by the Joint Legislative
 1012  Committee on Everglades Oversight. At the direction of the Joint
 1013  Legislative Committee on Everglades Oversight, an audit may be
 1014  made from time to time by the Auditor General, and such audit
 1015  shall be within the authority of said Auditor General to make.
 1016         (7) Annually, no later than January 1, the South Florida
 1017  Water Management District shall report to the President of the
 1018  Senate and the Speaker of the House of Representatives Joint
 1019  Committee on Everglades Oversight:
 1020         (a) The unencumbered balance which remains in the
 1021  Everglades Trust Fund at the end of each fiscal year.
 1022         (b) The revenues deposited in the Everglades Trust Fund
 1023  pursuant to this section, by source, and the record of
 1024  expenditures from the Everglades Trust Fund.
 1025         Section 34. Subsection (9) of section 409.146, Florida
 1026  Statutes, is amended to read:
 1027         409.146 Children and families client and management
 1028  information system.—
 1029         (9) The Department of Children and Family Services shall
 1030  provide an annual report to President of the Senate and the
 1031  Speaker of the House of Representatives the Joint Information
 1032  Technology Resources Committee. The committee shall review the
 1033  report and shall forward the report, along with its comments, to
 1034  the appropriate substantive and appropriations committees of the
 1035  House of Representatives and the Senate delineating the
 1036  development status of the system and other information necessary
 1037  for funding and policy formulation. In developing the system,
 1038  the Department of Children and Family Services shall consider
 1039  and report on the availability of, and the costs associated with
 1040  using, existing software and systems, including, but not limited
 1041  to, those that are operational in other states, to meet the
 1042  requirements of this section. The department shall also consider
 1043  and report on the compatibility of such existing software and
 1044  systems with an integrated management information system. The
 1045  report shall be submitted no later than December 1 of each year.
 1046         Section 35. Section 450.261, Florida Statutes, is amended
 1047  to read:
 1048         450.261 Interstate Migrant Labor Commission; Florida
 1049  membership.—In selecting the Florida membership of the
 1050  Interstate Migrant Labor Commission, the Governor may designate
 1051  the secretary of the Department of Community Affairs as his or
 1052  her representative. The two legislative members shall be chosen
 1053  from among the members of the Legislative Commission on Migrant
 1054  Labor, and at least one of the two members appointed by the
 1055  Governor shall be chosen from among the members of the advisory
 1056  committee to that commission.
 1057         Section 36. Section 590.33, Florida Statutes, is amended to
 1058  read:
 1059         590.33 State compact administrator; compact advisory
 1060  committee.—In pursuance of art. III of the compact, the director
 1061  of the division shall act as compact administrator for Florida
 1062  of the Southeastern Interstate Forest Fire Protection Compact
 1063  during his or her term of office as director, and his or her
 1064  successor as compact administrator shall be his or her successor
 1065  as director of the division. As compact administrator, he or she
 1066  shall be an ex officio member of the advisory committee of the
 1067  Southeastern Interstate Forest Fire Protection Compact, and
 1068  chair ex officio of the Florida members of the advisory
 1069  committee. There shall be four members of the Southeastern
 1070  Interstate Forest Fire Protection Compact Advisory Committee
 1071  from Florida. Two of the members from Florida shall be members
 1072  of the Legislature of Florida, one from the Senate designated by
 1073  the President of the Senate and one from the House of
 1074  Representatives designated by the Speaker of the House, and the
 1075  terms of any such members shall terminate at the time they cease
 1076  to hold legislative office, and their successors as members
 1077  shall be named in like manner. The Governor shall appoint the
 1078  other two members from Florida, one of whom shall be associated
 1079  with forestry or forest products industries. The terms of such
 1080  members shall be 3 years and such members shall hold office
 1081  until their respective successors shall be appointed and
 1082  qualified. Vacancies occurring in the office of such members
 1083  from any reason or cause shall be filled by appointment by the
 1084  Governor for the unexpired term. The director of the division as
 1085  compact administrator for Florida may delegate, from time to
 1086  time, to any deputy or other subordinate in his or her
 1087  department or office, the power to be present and participate,
 1088  including voting as his or her representative or substitute at
 1089  any meeting of or hearing by or other proceeding of the compact
 1090  administrators or of the advisory committee. The terms of each
 1091  of the initial four memberships, whether appointed at said time
 1092  or not, shall begin upon the date upon which the compact shall
 1093  become effective in accordance with art. II of said compact. Any
 1094  member of the advisory committee may be removed from office by
 1095  the Governor upon charges and after a hearing.
 1096         Section 37. Paragraph (a) of subsection (5) of section
 1097  1000.01, Florida Statutes, is amended to read:
 1098         1000.01 The Florida K-20 education system; technical
 1099  provisions.—
 1100         (5) EDUCATION GOVERNANCE TRANSFERS.—
 1101         (a) Effective July 1, 2001:
 1102         1. The Board of Regents is abolished.
 1103         2. All of the powers, duties, functions, records,
 1104  personnel, and property; unexpended balances of appropriations,
 1105  allocations, and other funds; administrative authority;
 1106  administrative rules; pending issues; and existing contracts of
 1107  the Board of Regents are transferred by a type two transfer,
 1108  pursuant to s. 20.06(2), to the State Board of Education.
 1109         3. The State Board of Community Colleges is abolished.
 1110         4. All of the powers, duties, functions, records,
 1111  personnel, and property; unexpended balances of appropriations,
 1112  allocations, and other funds; administrative authority;
 1113  administrative rules; pending issues; and existing contracts of
 1114  the State Board of Community Colleges are transferred by a type
 1115  two transfer, pursuant to s. 20.06(2), from the Department of
 1116  Education to the State Board of Education.
 1117         5. The Postsecondary Education Planning Commission is
 1118  abolished.
 1119         6. The Council for Education Policy Research and
 1120  Improvement is created as an independent office under the Office
 1121  of Legislative Services.
 1122         7. All personnel, unexpended balances of appropriations,
 1123  and allocations of the Postsecondary Education Planning
 1124  Commission are transferred to the Council for Education Policy
 1125  Research and Improvement.
 1126         6.8. The Articulation Coordinating Committee and the
 1127  Education Standards Commission are transferred by a type two
 1128  transfer, pursuant to s. 20.06(2), from the Department of
 1129  Education to the State Board of Education.
 1130         Section 38. This act shall take effect upon becoming a law.