Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7052
       
       
       
       FOR CONSIDERATION By the Committee on Commerce and Tourism
       
       
       
       
       577-01887-11                                          20117052__
    1                        A bill to be entitled                      
    2         An act relating to obsolete references and programs;
    3         amending s. 14.2015, F.S.; removing an obsolete
    4         reference to the Department of Commerce; amending s.
    5         20.18, F.S.; updating a reference to the Department of
    6         Commerce to refer instead to the Office of Tourism,
    7         Trade, and Economic Development; amending s. 45.031,
    8         F.S.; removing an obsolete reference to the Department
    9         of Labor and Employment Security; amending s. 69.041,
   10         F.S.; removing an obsolete reference to the Department
   11         of Labor and Employment Security; amending s. 112.044,
   12         F.S.; removing obsolete references to the Department
   13         of Labor and Employment Security; amending s. 212.20,
   14         F.S.; conforming cross-references to changes made by
   15         the act; amending s. 252.85, F.S.; updating a
   16         reference to the Department of Labor and Employment
   17         Security; amending s. 252.87, F.S.; removing a
   18         reference to the Department of Labor and Employment
   19         Security; amending s. 252.937, F.S.; removing a
   20         reference to the Department of Labor and Employment
   21         Security; amending s. 287.09431, F.S.; updating
   22         references to the Department of Labor and Employment
   23         Security; amending s. 287.09451, F.S.; removing
   24         references to the Department of Labor and Employment
   25         Security; amending s. 287.0947, F.S.; removing a
   26         reference to the Department of Labor and Employment
   27         Security; correcting a cross-reference; amending s.
   28         288.021, F.S.; updating a reference to the Department
   29         of Labor and Employment Security; amending s. 288.035,
   30         F.S.; removing a reference to the Department of
   31         Commerce; repealing s. 288.038, F.S., relating to
   32         agreements of the Department of Labor and Employment
   33         Security with county tax collectors; repealing s.
   34         288.1162, F.S., relating to professional sports
   35         franchises; repealing s. 288.1168, F.S., relating to
   36         the professional golf hall of fame facility; amending
   37         s. 288.1229, F.S.; removing a reference to the
   38         Department of Commerce; amending s. 288.1169, F.S.;
   39         updating references to the Department of Commerce;
   40         amending s. 331.369, F.S.; updating references to the
   41         Workforce Development Board of Enterprise Florida,
   42         Inc.; amending s. 377.711, F.S.; removing a reference
   43         to the Department of Commerce; providing for standard
   44         compact provisions regarding recommendations by the
   45         Southern States Energy Board; amending s. 377.712,
   46         F.S.; clarifying provisions governing participation in
   47         the compact by the state and its agencies; amending s.
   48         409.2576, F.S.; removing references to the Department
   49         of Labor and Employment Security; amending s. 414.24,
   50         F.S.; updating references to the Department of Labor
   51         and Employment Security; amending s. 414.40, F.S.;
   52         updating provisions governing the Stop Inmate Fraud
   53         Program; updating a reference to the Department of
   54         Labor and Employment Security; amending s. 440.385,
   55         F.S.; updating a reference to the Department of Labor
   56         and Employment Security; removing obsolete provisions;
   57         amending s. 440.49, F.S.; removing a reference to the
   58         Department of Labor and Employment Security; removing
   59         obsolete provisions; repealing s. 446.60, F.S.,
   60         relating to assistance for displaced local exchange
   61         telecommunications company workers; amending s.
   62         450.161, F.S.; updating a reference to the Division of
   63         Jobs and Benefits; amending s. 464.203, F.S.; updating
   64         a reference to the Enterprise Florida Jobs and
   65         Education Partnership Grant; amending s. 489.1455,
   66         F.S.; updating a reference to the Department of Labor
   67         and Employment Security; amending s. 489.5335, F.S.;
   68         updating a reference to the Department of Labor and
   69         Employment Security; amending s. 553.62, F.S.;
   70         removing a reference to the Department of Labor and
   71         Employment Security; amending s. 597.006, F.S.;
   72         removing a reference to the Department of Labor and
   73         Employment Security; amending s. 944.012, F.S.;
   74         updating a reference to the Florida State Employment
   75         Service; amending s. 944.708, F.S.; removing a
   76         reference to the Agency for Workforce Innovation;
   77         repealing ss. 255.551-255.563, F.S., relating to the
   78         asbestos management program; repealing s.
   79         469.003(2)(b), F.S., relating to obsolete provisions
   80         governing the licensure of asbestos surveyors;
   81         providing an effective date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsection (8) of section 14.2015, Florida
   86  Statutes, is amended to read:
   87         14.2015 Office of Tourism, Trade, and Economic Development;
   88  creation; powers and duties.—
   89         (8) The Office of Tourism, Trade, and Economic Development
   90  shall ensure that the contract between the Florida Commission on
   91  Tourism and the commission’s direct-support organization
   92  contains a provision to provide the data on the visitor counts
   93  and visitor profiles used in revenue estimating, employing the
   94  same methodology used in fiscal year 1995-1996 by the Department
   95  of Commerce. The Office of Tourism, Trade, and Economic
   96  Development and the Florida Commission on Tourism must advise
   97  and consult with the Consensus Estimating Conference principals
   98  before making any changes in methodology used or information
   99  gathered.
  100         Section 2. Subsection (4) of section 20.18, Florida
  101  Statutes, is amended to read:
  102         20.18 Department of Community Affairs.—There is created a
  103  Department of Community Affairs.
  104         (4) In addition to its other powers, duties, and functions,
  105  the department shall, under the general supervision of the
  106  secretary and the Interdepartmental Coordinating Council on
  107  Community Services, assist and encourage the development of
  108  state programs by the various departments for the productive use
  109  of human resources, and the department shall work with other
  110  state agencies in order that together they might:
  111         (a) Effect the coordination, by the responsible agencies of
  112  the state, of the career and adult educational programs of the
  113  state in order to provide the maximum use and meaningful
  114  employment of persons completing courses of study from such
  115  programs;
  116         (b) Assist the Office of Tourism, Trade, and Economic
  117  Development Department of Commerce in the development of
  118  employment opportunities; and
  119         (c) Improve the enforcement of special district reporting
  120  requirements and the communication among state agencies that
  121  receive mandatory reports from special districts.
  122         Section 3. Paragraph (a) of subsection (7) of section
  123  45.031, Florida Statutes, is amended to read:
  124         45.031 Judicial sales procedure.—In any sale of real or
  125  personal property under an order or judgment, the procedures
  126  provided in this section and ss. 45.0315-45.035 may be followed
  127  as an alternative to any other sale procedure if so ordered by
  128  the court.
  129         (7) DISBURSEMENTS OF PROCEEDS.—
  130         (a) On filing a certificate of title, the clerk shall
  131  disburse the proceeds of the sale in accordance with the order
  132  or final judgment and shall file a report of such disbursements
  133  and serve a copy of it on each party, and on the Department of
  134  Revenue if the department was named as a defendant in the action
  135  or if the Agency for Workforce Innovation or the former
  136  Department of Labor and Employment Security was named as a
  137  defendant while the Department of Revenue was providing
  138  unemployment tax collection services under contract with the
  139  Agency for Workforce Innovation through an interagency agreement
  140  pursuant to s. 443.1316.
  141         Section 4. Paragraph (a) of subsection (4) of section
  142  69.041, Florida Statutes, is amended to read:
  143         69.041 State named party; lien foreclosure, suit to quiet
  144  title.—
  145         (4)(a) The Department of Revenue has the right to
  146  participate in the disbursement of funds remaining in the
  147  registry of the court after distribution pursuant to s.
  148  45.031(7). The department shall participate in accordance with
  149  applicable procedures in any mortgage foreclosure action in
  150  which the department has a duly filed tax warrant, or interests
  151  under a lien arising from a judgment, order, or decree for
  152  support, as defined in s. 409.2554, or interest in an
  153  unemployment compensation tax lien under contract with the
  154  Agency for Workforce Innovation through an interagency agreement
  155  pursuant to s. 443.1316, against the subject property and with
  156  the same priority, regardless of whether a default against the
  157  department or, the Agency for Workforce Innovation, or the
  158  former Department of Labor and Employment Security has been
  159  entered for failure to file an answer or other responsive
  160  pleading.
  161         Section 5. Paragraph (d) of subsection (2) and subsection
  162  (5) of section 112.044, Florida Statutes, are amended to read:
  163         112.044 Public employers, employment agencies, labor
  164  organizations; discrimination based on age prohibited;
  165  exceptions; remedy.—
  166         (2) DEFINITIONS.—For the purpose of this act:
  167         (d) “Department” means the Department of Labor and
  168  Employment Security.
  169         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
  170  and labor organization shall post and keep posted in conspicuous
  171  places upon its premises notices a notice to be prepared or
  172  approved by the department setting forth such information as
  173  required by the United States Department of Labor and the Equal
  174  Employment Opportunity Commission department deems appropriate
  175  to effectuate the purposes of this act.
  176         Section 6. Paragraph (d) of subsection (6) of section
  177  212.20, Florida Statutes, is amended to read:
  178         212.20 Funds collected, disposition; additional powers of
  179  department; operational expense; refund of taxes adjudicated
  180  unconstitutionally collected.—
  181         (6) Distribution of all proceeds under this chapter and s.
  182  202.18(1)(b) and (2)(b) shall be as follows:
  183         (d) The proceeds of all other taxes and fees imposed
  184  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  185  and (2)(b) shall be distributed as follows:
  186         1. In any fiscal year, the greater of $500 million, minus
  187  an amount equal to 4.6 percent of the proceeds of the taxes
  188  collected pursuant to chapter 201, or 5.2 percent of all other
  189  taxes and fees imposed pursuant to this chapter or remitted
  190  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  191  monthly installments into the General Revenue Fund.
  192         2. After the distribution under subparagraph 1., 8.814
  193  percent of the amount remitted by a sales tax dealer located
  194  within a participating county pursuant to s. 218.61 shall be
  195  transferred into the Local Government Half-cent Sales Tax
  196  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  197  transferred shall be reduced by 0.1 percent, and the department
  198  shall distribute this amount to the Public Employees Relations
  199  Commission Trust Fund less $5,000 each month, which shall be
  200  added to the amount calculated in subparagraph 3. and
  201  distributed accordingly.
  202         3. After the distribution under subparagraphs 1. and 2.,
  203  0.095 percent shall be transferred to the Local Government Half
  204  cent Sales Tax Clearing Trust Fund and distributed pursuant to
  205  s. 218.65.
  206         4. After the distributions under subparagraphs 1., 2., and
  207  3., 2.0440 percent of the available proceeds shall be
  208  transferred monthly to the Revenue Sharing Trust Fund for
  209  Counties pursuant to s. 218.215.
  210         5. After the distributions under subparagraphs 1., 2., and
  211  3., 1.3409 percent of the available proceeds shall be
  212  transferred monthly to the Revenue Sharing Trust Fund for
  213  Municipalities pursuant to s. 218.215. If the total revenue to
  214  be distributed pursuant to this subparagraph is at least as
  215  great as the amount due from the Revenue Sharing Trust Fund for
  216  Municipalities and the former Municipal Financial Assistance
  217  Trust Fund in state fiscal year 1999-2000, no municipality shall
  218  receive less than the amount due from the Revenue Sharing Trust
  219  Fund for Municipalities and the former Municipal Financial
  220  Assistance Trust Fund in state fiscal year 1999-2000. If the
  221  total proceeds to be distributed are less than the amount
  222  received in combination from the Revenue Sharing Trust Fund for
  223  Municipalities and the former Municipal Financial Assistance
  224  Trust Fund in state fiscal year 1999-2000, each municipality
  225  shall receive an amount proportionate to the amount it was due
  226  in state fiscal year 1999-2000.
  227         6. Of the remaining proceeds:
  228         a. In each fiscal year, the sum of $29,915,500 shall be
  229  divided into as many equal parts as there are counties in the
  230  state, and one part shall be distributed to each county. The
  231  distribution among the several counties must begin each fiscal
  232  year on or before January 5th and continue monthly for a total
  233  of 4 months. If a local or special law required that any moneys
  234  accruing to a county in fiscal year 1999-2000 under the then
  235  existing provisions of s. 550.135 be paid directly to the
  236  district school board, special district, or a municipal
  237  government, such payment must continue until the local or
  238  special law is amended or repealed. The state covenants with
  239  holders of bonds or other instruments of indebtedness issued by
  240  local governments, special districts, or district school boards
  241  before July 1, 2000, that it is not the intent of this
  242  subparagraph to adversely affect the rights of those holders or
  243  relieve local governments, special districts, or district school
  244  boards of the duty to meet their obligations as a result of
  245  previous pledges or assignments or trusts entered into which
  246  obligated funds received from the distribution to county
  247  governments under then-existing s. 550.135. This distribution
  248  specifically is in lieu of funds distributed under s. 550.135
  249  before July 1, 2000.
  250         b. The department shall distribute $166,667 monthly
  251  pursuant to chapter 88-226, Laws of Florida, s. 288.1162 to each
  252  applicant certified as a facility for a new or retained
  253  professional sports franchise pursuant to chapter 88-226, Laws
  254  of Florida s. 288.1162. Up to $41,667 shall be distributed
  255  monthly by the department to each certified applicant as defined
  256  in s. 288.11621 for a facility for a spring training franchise.
  257  However, not more than $416,670 may be distributed monthly in
  258  the aggregate to all certified applicants for facilities for
  259  spring training franchises. Distributions begin 60 days after
  260  such certification and continue for not more than 30 years,
  261  except as otherwise provided in s. 288.11621. A certified
  262  applicant identified in this sub-subparagraph may not receive
  263  more in distributions than expended by the applicant for the
  264  public purposes provided for in chapter 88-226, Laws of Florida,
  265  s. 288.1162(5) or s. 288.11621(3).
  266         c. Beginning 30 days after notice by the Office of Tourism,
  267  Trade, and Economic Development to the Department of Revenue
  268  that an applicant has been certified as the professional golf
  269  hall of fame pursuant to chapter 93-233, Laws of Florida, s.
  270  288.1168 and is open to the public, $166,667 shall be
  271  distributed monthly, for up to 300 months, to the applicant.
  272         d. Beginning 30 days after notice by the Office of Tourism,
  273  Trade, and Economic Development to the Department of Revenue
  274  that the applicant has been certified as the International Game
  275  Fish Association World Center facility pursuant to s. 288.1169,
  276  and the facility is open to the public, $83,333 shall be
  277  distributed monthly, for up to 168 months, to the applicant.
  278  This distribution is subject to reduction pursuant to s.
  279  288.1169. A lump sum payment of $999,996 shall be made, after
  280  certification and before July 1, 2000.
  281         7. All other proceeds must remain in the General Revenue
  282  Fund.
  283         Section 7. Subsection (1) of section 252.85, Florida
  284  Statutes, is amended to read:
  285         252.85 Fees.—
  286         (1) Any owner or operator of a facility required under s.
  287  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
  288  notification or an annual inventory form to the commission shall
  289  be required to pay an annual registration fee. The fee for any
  290  company, including all facilities under common ownership or
  291  control, shall not be less than $25 nor more than $2,000. The
  292  department shall establish a reduced fee, of not less than $25
  293  nor more than $500, applicable to any owner or operator
  294  regulated under part I of chapter 368, chapter 527, or s.
  295  376.303, which does not have present any extremely hazardous
  296  substance, as defined by EPCRA, in excess of a threshold
  297  planning quantity, as established by EPCRA. The department shall
  298  establish a reduced fee of not less than $25 nor more than
  299  $1,000, applicable to any owner or operator of a facility with a
  300  Standard Industrial Classification Code of 01, 02, or 07, which
  301  is eligible for the “routine agricultural use” exemption
  302  provided in ss. 311 and 312 of EPCRA. The fee under this
  303  subsection shall be based on the number of employees employed
  304  within the state at facilities under the common ownership or
  305  control of such owner or operator, which number shall be
  306  determined, to the extent possible, in accordance with data
  307  supplied by the Agency for Workforce Innovation or its tax
  308  collection service provider Department of Labor and Employment
  309  Security. In order to avoid the duplicative reporting of
  310  seasonal and temporary agricultural employees, fees applicable
  311  to owners or operators of agricultural facilities, which are
  312  eligible for the “routine agricultural use” reporting exemption
  313  provided in ss. 311 and 312 of EPCRA, shall be based on employee
  314  data which most closely reflects such owner or operator’s
  315  permanent nonseasonal workforce. The department shall establish
  316  by rule the date by which the fee is to be paid, as well as a
  317  formula or method of determining the applicable fee under this
  318  subsection without regard to the number of facilities under
  319  common ownership or control. The department may require owners
  320  or operators of multiple facilities to demonstrate common
  321  ownership or control for purposes of this subsection.
  322         Section 8. Subsection (7) of section 252.87, Florida
  323  Statutes, is amended to read:
  324         252.87 Supplemental state reporting requirements.—
  325         (7) The department shall avoid duplicative reporting
  326  requirements by utilizing the reporting requirements of other
  327  state agencies that regulate hazardous materials to the extent
  328  feasible and shall request the information authorized under
  329  EPCRA. With the advice and consent of the State Emergency
  330  Response Commission for Hazardous Materials, the department may
  331  require by rule that the maximum daily amount entry on the
  332  chemical inventory report required under s. 312 of EPCRA provide
  333  for reporting in estimated actual amounts. The department may
  334  also require by rule an entry for the Federal Employer
  335  Identification Number on this report. To the extent feasible,
  336  the department shall encourage and accept required information
  337  in a form initiated through electronic data interchange and
  338  shall describe by rule the format, manner of execution, and
  339  method of electronic transmission necessary for using such form.
  340  To the extent feasible, the Department of Financial Services,
  341  the Department of Agriculture and Consumer Services, the
  342  Department of Environmental Protection, the Public Service
  343  Commission, the Department of Revenue, the Department of Labor
  344  and Employment Security, and other state agencies which regulate
  345  hazardous materials shall coordinate with the department in
  346  order to avoid duplicative requirements contained in each
  347  agency’s respective reporting or registration forms. The other
  348  state agencies that inspect facilities storing hazardous
  349  materials and suppliers and distributors of covered substances
  350  shall assist the department in informing the facility owner or
  351  operator of the requirements of this part. The department shall
  352  provide the other state agencies with the necessary information
  353  and materials to inform the owners and operators of the
  354  requirements of this part to ensure that the budgets of these
  355  agencies are not adversely affected.
  356         Section 9. Subsection (2) of section 252.937, Florida
  357  Statutes, is amended to read:
  358         252.937 Department powers and duties.—
  359         (2) To ensure that this program is self-supporting, the
  360  department shall provide administrative support, including
  361  staff, facilities, materials, and services to implement this
  362  part for specified stationary sources subject to s. 252.939 and
  363  shall provide necessary funding to local emergency planning
  364  committees and county emergency management agencies for work
  365  performed to implement this part. Each state agency with
  366  regulatory, inspection, or technical assistance programs for
  367  specified stationary sources subject to this part shall enter
  368  into a memorandum of understanding with the department which
  369  specifically outlines how each agency’s staff, facilities,
  370  materials, and services will be utilized to support
  371  implementation. At a minimum, these agencies and programs
  372  include: the Department of Environmental Protection’s Division
  373  of Air Resources Management and Division of Water Resource
  374  Management, and the Department of Labor and Employment
  375  Security’s Division of Safety. It is the Legislature’s intent to
  376  implement this part as efficiently and economically as possible,
  377  using existing expertise and resources, if available and
  378  appropriate.
  379         Section 10. Section 287.09431, Florida Statutes, is amended
  380  to read:
  381         287.09431 Statewide and interlocal agreement on
  382  certification of business concerns for the status of minority
  383  business enterprise.—The statewide and interlocal agreement on
  384  certification of business concerns for the status of minority
  385  business enterprise is hereby enacted and entered into with all
  386  jurisdictions or organizations legally joining therein. If,
  387  within 2 years from the date that the certification core
  388  criteria are approved by the Department of Management Services
  389  Department of Labor and Employment Security, the agreement
  390  included herein is not executed by a majority of county and
  391  municipal governing bodies that administer a minority business
  392  assistance program on the effective date of this act, then the
  393  Legislature shall review this agreement. It is the intent of the
  394  Legislature that if the agreement is not executed by a majority
  395  of the requisite governing bodies, then a statewide uniform
  396  certification process should be adopted, and that said agreement
  397  should be repealed and replaced by a mandatory state government
  398  certification process.
  399  
  400                              ARTICLE I                            
  401  
  402         PURPOSE, FINDINGS, AND POLICY.—
  403         (1) The parties to this agreement, desiring by common
  404  action to establish a uniform certification process in order to
  405  reduce the multiplicity of applications by business concerns to
  406  state and local governmental programs for minority business
  407  assistance, declare that it is the policy of each of them, on
  408  the basis of cooperation with one another, to remedy social and
  409  economic disadvantage suffered by certain groups, resulting in
  410  their being historically underutilized in ownership and control
  411  of commercial enterprises. Thus, the parties seek to address
  412  this history by increasing the participation of the identified
  413  groups in opportunities afforded by government procurement.
  414         (2) The parties find that the State of Florida presently
  415  certifies firms for participation in the minority business
  416  assistance programs of the state. The parties find further that
  417  some counties, municipalities, school boards, special districts,
  418  and other divisions of local government require a separate, yet
  419  similar, and in most cases redundant certification in order for
  420  businesses to participate in the programs sponsored by each
  421  government entity.
  422         (3) The parties find further that this redundant
  423  certification has proven to be unduly burdensome to the
  424  minority-owned firms intended to benefit from the underlying
  425  purchasing incentives.
  426         (4) The parties agree that:
  427         (a) They will facilitate integrity, stability, and
  428  cooperation in the statewide and interlocal certification
  429  process, and in other elements of programs established to assist
  430  minority-owned businesses.
  431         (b) They shall cooperate with agencies, organizations, and
  432  associations interested in certification and other elements of
  433  minority business assistance.
  434         (c) It is the purpose of this agreement to provide for a
  435  uniform process whereby the status of a business concern may be
  436  determined in a singular review of the business information for
  437  these purposes, in order to eliminate any undue expense, delay,
  438  or confusion to the minority-owned businesses in seeking to
  439  participate in the minority business assistance programs of
  440  state and local jurisdictions.
  441  
  442                             ARTICLE II                            
  443  
  444         DEFINITIONS.—As used in this agreement and contracts made
  445  pursuant to it, unless the context clearly requires otherwise:
  446         (1) “Awarding organization” means any political subdivision
  447  or organization authorized by law, ordinance, or agreement to
  448  enter into contracts and for which the governing body has
  449  entered into this agreement.
  450         (2) “Department” means the Department of Management
  451  Services Department of Labor and Employment Security.
  452         (3) “Minority” means a person who is a lawful, permanent
  453  resident of the state, having origins in one of the minority
  454  groups as described and adopted by the Department of Management
  455  Services Department of Labor and Employment Security, hereby
  456  incorporated by reference.
  457         (4) “Minority business enterprise” means any small business
  458  concern as defined in subsection (6) that meets all of the
  459  criteria described and adopted by the Department of Management
  460  Services Department of Labor and Employment Security, hereby
  461  incorporated by reference.
  462         (5) “Participating state or local organization” means any
  463  political subdivision of the state or organization designated by
  464  such that elects to participate in the certification process
  465  pursuant to this agreement, which has been approved according to
  466  s. 287.0943(3) and has legally entered into this agreement.
  467         (6) “Small business concern” means an independently owned
  468  and operated business concern which is of a size and type as
  469  described and adopted by vote related to this agreement of the
  470  commission, hereby incorporated by reference.
  471  
  472                             ARTICLE III                           
  473  
  474         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
  475         (1) All awarding organizations shall accept a certification
  476  granted by any participating organization which has been
  477  approved according to s. 287.0943(3) and has entered into this
  478  agreement, as valid status of minority business enterprise.
  479         (2) A participating organization shall certify a business
  480  concern that meets the definition of minority business
  481  enterprise in this agreement, in accordance with the duly
  482  adopted eligibility criteria.
  483         (3) All participating organizations shall issue notice of
  484  certification decisions granting or denying certification to all
  485  other participating organizations within 14 days of the
  486  decision. Such notice may be made through electronic media.
  487         (4) No certification will be granted without an onsite
  488  visit to verify ownership and control of the prospective
  489  minority business enterprise, unless verification can be
  490  accomplished by other methods of adequate verification or
  491  assessment of ownership and control.
  492         (5) The certification of a minority business enterprise
  493  pursuant to the terms of this agreement shall not be suspended,
  494  revoked, or otherwise impaired except on any grounds which would
  495  be sufficient for revocation or suspension of a certification in
  496  the jurisdiction of the participating organization.
  497         (6) The certification determination of a party may be
  498  challenged by any other participating organization by the
  499  issuance of a timely written notice by the challenging
  500  organization to the certifying organization’s determination
  501  within 10 days of receiving notice of the certification
  502  decision, stating the grounds therefor.
  503         (7) The sole accepted grounds for challenge shall be the
  504  failure of the certifying organization to adhere to the adopted
  505  criteria or the certifying organization’s rules or procedures,
  506  or the perpetuation of a misrepresentation or fraud by the firm.
  507         (8) The certifying organization shall reexamine its
  508  certification determination and submit written notice to the
  509  applicant and the challenging organization of its findings
  510  within 30 days after the receipt of the notice of challenge.
  511         (9) If the certification determination is affirmed, the
  512  challenging agency may subsequently submit timely written notice
  513  to the firm of its intent to revoke certification of the firm.
  514  
  515                             ARTICLE IV                            
  516  
  517         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
  518  shall be construed to repeal or otherwise modify any ordinance,
  519  law, or regulation of a party relating to the existing minority
  520  business assistance provisions and procedures by which minority
  521  business enterprises participate therein.
  522  
  523                              ARTICLE V                            
  524  
  525         TERM.—The term of the agreement shall be 5 years, after
  526  which it may be reexecuted by the parties.
  527  
  528                             ARTICLE VI                            
  529  
  530         AGREEMENT EVALUATION.—The designated state and local
  531  officials may meet from time to time as a group to evaluate
  532  progress under the agreement, to formulate recommendations for
  533  changes, or to propose a new agreement.
  534  
  535                             ARTICLE VII                           
  536  
  537         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
  538  construed to prevent or inhibit other arrangements or practices
  539  of any party in order to comply with federal law.
  540  
  541                            ARTICLE VIII                           
  542  
  543         EFFECT AND WITHDRAWAL.—
  544         (1) This agreement shall become effective when properly
  545  executed by a legal representative of the participating
  546  organization, when enacted into the law of the state and after
  547  an ordinance or other legislation is enacted into law by the
  548  governing body of each participating organization. Thereafter it
  549  shall become effective as to any participating organization upon
  550  the enactment of this agreement by the governing body of that
  551  organization.
  552         (2) Any party may withdraw from this agreement by enacting
  553  legislation repealing the same, but no such withdrawal shall
  554  take effect until one year after the governing body of the
  555  withdrawing party has given notice in writing of the withdrawal
  556  to the other parties.
  557         (3) No withdrawal shall relieve the withdrawing party of
  558  any obligations imposed upon it by law.
  559  
  560                             ARTICLE IX                            
  561  
  562         FINANCIAL RESPONSIBILITY.—
  563         (1) A participating organization shall not be financially
  564  responsible or liable for the obligations of any other
  565  participating organization related to this agreement.
  566         (2) The provisions of this agreement shall constitute
  567  neither a waiver of any governmental immunity under Florida law
  568  nor a waiver of any defenses of the parties under Florida law.
  569  The provisions of this agreement are solely for the benefit of
  570  its executors and not intended to create or grant any rights,
  571  contractual or otherwise, to any person or entity.
  572  
  573                              ARTICLE X                            
  574  
  575         VENUE AND GOVERNING LAW.—The obligations of the parties to
  576  this agreement are performable only within the county where the
  577  participating organization is located, and statewide for the
  578  Office of Supplier Diversity, and venue for any legal action in
  579  connection with this agreement shall lie, for any participating
  580  organization except the Office of Supplier Diversity,
  581  exclusively in the county where the participating organization
  582  is located. This agreement shall be governed by and construed in
  583  accordance with the laws and court decisions of the state.
  584  
  585                             ARTICLE XI                            
  586  
  587         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
  588  liberally construed so as to effectuate the purposes thereof.
  589  The provisions of this agreement shall be severable and if any
  590  phrase, clause, sentence, or provision of this agreement is
  591  declared to be contrary to the State Constitution or the United
  592  States Constitution, or the application thereof to any
  593  government, agency, person, or circumstance is held invalid, the
  594  validity of the remainder of this agreement and the
  595  applicability thereof to any government, agency, person, or
  596  circumstance shall not be affected thereby. If this agreement
  597  shall be held contrary to the State Constitution, the agreement
  598  shall remain in full force and effect as to all severable
  599  matters.
  600         Section 11. Paragraphs (h) and (o) of subsection (4) of
  601  section 287.09451, Florida Statutes, are amended to read:
  602         287.09451 Office of Supplier Diversity; powers, duties, and
  603  functions.—
  604         (4) The Office of Supplier Diversity shall have the
  605  following powers, duties, and functions:
  606         (h) To develop procedures to investigate complaints against
  607  minority business enterprises or contractors alleged to violate
  608  any provision related to this section or s. 287.0943, that may
  609  include visits to worksites or business premises, and to refer
  610  all information on businesses suspected of misrepresenting
  611  minority status to the Department of Management Services for
  612  investigation. When an investigation is completed and there is
  613  reason to believe that a violation has occurred, the Department
  614  of Labor and Employment Security shall refer the matter shall be
  615  referred to the office of the Attorney General, Department of
  616  Legal Affairs, for prosecution.
  617         (o)1. To establish a system to record and measure the use
  618  of certified minority business enterprises in state contracting.
  619  This system shall maintain information and statistics on
  620  certified minority business enterprise participation, awards,
  621  dollar volume of expenditures and agency goals, and other
  622  appropriate types of information to analyze progress in the
  623  access of certified minority business enterprises to state
  624  contracts and to monitor agency compliance with this section.
  625  Such reporting must include, but is not limited to, the
  626  identification of all subcontracts in state contracting by
  627  dollar amount and by number of subcontracts and the
  628  identification of the utilization of certified minority business
  629  enterprises as prime contractors and subcontractors by dollar
  630  amounts of contracts and subcontracts, number of contracts and
  631  subcontracts, minority status, industry, and any conditions or
  632  circumstances that significantly affected the performance of
  633  subcontractors. Agencies shall report their compliance with the
  634  requirements of this reporting system at least annually and at
  635  the request of the office. All agencies shall cooperate with the
  636  office in establishing this reporting system. Except in
  637  construction contracting, all agencies shall review contracts
  638  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
  639  determine if such contracts could be divided into smaller
  640  contracts to be separately solicited and awarded, and shall,
  641  when economical, offer such smaller contracts to encourage
  642  minority participation.
  643         2. To report agency compliance with the provisions of
  644  subparagraph 1. for the preceding fiscal year to the Governor
  645  and Cabinet, the President of the Senate, and the Speaker of the
  646  House of Representatives, and the secretary of the Department of
  647  Labor and Employment Security on or before February 1 of each
  648  year. The report must contain, at a minimum, the following:
  649         a. Total expenditures of each agency by industry.
  650         b. The dollar amount and percentage of contracts awarded to
  651  certified minority business enterprises by each state agency.
  652         c. The dollar amount and percentage of contracts awarded
  653  indirectly to certified minority business enterprises as
  654  subcontractors by each state agency.
  655         d. The total dollar amount and percentage of contracts
  656  awarded to certified minority business enterprises, whether
  657  directly or indirectly, as subcontractors.
  658         e. A statement and assessment of good faith efforts taken
  659  by each state agency.
  660         f. A status report of agency compliance with subsection
  661  (6), as determined by the Minority Business Enterprise Office.
  662         Section 12. Subsections (1) and (5) of section 287.0947,
  663  Florida Statutes, are amended to read:
  664         287.0947 Florida Advisory Council on Small and Minority
  665  Business Development; creation; membership; duties.—
  666         (1) On or after October 1, 1996, The Secretary of
  667  Management Services the Department of Labor and Employment
  668  Security may create the Florida Advisory Council on Small and
  669  Minority Business Development with the purpose of advising and
  670  assisting the secretary in carrying out the secretary’s duties
  671  with respect to minority businesses and economic and business
  672  development. It is the intent of the Legislature that the
  673  membership of such council include practitioners, laypersons,
  674  financiers, and others with business development experience who
  675  can provide invaluable insight and expertise for this state in
  676  the diversification of its markets and networking of business
  677  opportunities. The council shall initially consist of 19
  678  persons, each of whom is or has been actively engaged in small
  679  and minority business development, either in private industry,
  680  in governmental service, or as a scholar of recognized
  681  achievement in the study of such matters. Initially, the council
  682  shall consist of members representing all regions of the state
  683  and shall include at least one member from each group identified
  684  within the definition of “minority person” in s. 288.703(3),
  685  considering also gender and nationality subgroups, and shall
  686  consist of the following:
  687         (a) Four members consisting of representatives of local and
  688  federal small and minority business assistance programs or
  689  community development programs.
  690         (b) Eight members composed of representatives of the
  691  minority private business sector, including certified minority
  692  business enterprises and minority supplier development councils,
  693  among whom at least two shall be women and at least four shall
  694  be minority persons.
  695         (c) Two representatives of local government, one of whom
  696  shall be a representative of a large local government, and one
  697  of whom shall be a representative of a small local government.
  698         (d) Two representatives from the banking and insurance
  699  industry.
  700         (e) Two members from the private business sector,
  701  representing the construction and commodities industries.
  702         (f) The chairperson of the Florida Black Business
  703  Investment Board or the chairperson’s designee.
  704  
  705  A candidate for appointment may be considered if eligible to be
  706  certified as an owner of a minority business enterprise, or if
  707  otherwise qualified under the criteria above. Vacancies may be
  708  filled by appointment of the secretary, in the manner of the
  709  original appointment.
  710         (5) The powers and duties of the council include, but are
  711  not limited to: researching and reviewing the role of small and
  712  minority businesses in the state’s economy; reviewing issues and
  713  emerging topics relating to small and minority business economic
  714  development; studying the ability of financial markets and
  715  institutions to meet small business credit needs and determining
  716  the impact of government demands on credit for small businesses;
  717  assessing the implementation of s. 187.201(21) 187.201(22),
  718  requiring a state economic development comprehensive plan, as it
  719  relates to small and minority businesses; assessing the
  720  reasonableness and effectiveness of efforts by any state agency
  721  or by all state agencies collectively to assist minority
  722  business enterprises; and advising the Governor, the secretary,
  723  and the Legislature on matters relating to small and minority
  724  business development which are of importance to the
  725  international strategic planning and activities of this state.
  726         Section 13. Subsection (1) of section 288.021, Florida
  727  Statutes, is amended to read:
  728         288.021 Economic development liaison.—
  729         (1) The heads of the Department of Transportation, the
  730  Department of Environmental Protection and an additional member
  731  appointed by the secretary of the department, the Agency for
  732  Workforce Innovation the Department of Labor and Employment
  733  Security, the Department of Education, the Department of
  734  Community Affairs, the Department of Management Services, the
  735  Department of Revenue, the Fish and Wildlife Conservation
  736  Commission, each water management district, and each Department
  737  of Transportation District office shall designate a high-level
  738  staff member from within such agency to serve as the economic
  739  development liaison for the agency. This person shall report to
  740  the agency head and have general knowledge both of the state’s
  741  permitting and other regulatory functions and of the state’s
  742  economic goals, policies, and programs. This person shall also
  743  be the primary point of contact for the agency with the Office
  744  of Tourism, Trade, and Economic Development on issues and
  745  projects important to the economic development of Florida,
  746  including its rural areas, to expedite project review, to ensure
  747  a prompt, effective response to problems arising with regard to
  748  permitting and regulatory functions, and to work closely with
  749  the other economic development liaisons to resolve interagency
  750  conflicts.
  751         Section 14. Subsection (1) of section 288.035, Florida
  752  Statutes, is amended to read:
  753         288.035 Economic development activities.—
  754         (1) The Florida Public Service Commission may authorize
  755  public utilities to recover reasonable economic development
  756  expenses. For purposes of this section, recoverable “economic
  757  development expenses” are those expenses described in subsection
  758  (2) which are consistent with criteria to be established by
  759  rules adopted by the Department of Commerce as of June 30, 1996,
  760  or as those criteria are later modified by the Office of
  761  Tourism, Trade, and Economic Development.
  762         Section 15. Section 288.038, Florida Statutes, is repealed.
  763         Section 16. Section 288.1162, Florida Statutes, is
  764  repealed.
  765         Section 17. Section 288.1168, Florida Statutes, is
  766  repealed.
  767         Section 18. Subsection (7) of section 288.1229, Florida
  768  Statutes, is amended to read:
  769         288.1229 Promotion and development of sports-related
  770  industries and amateur athletics; direct-support organization;
  771  powers and duties.—
  772         (7) In exercising the power provided in this section, the
  773  Office of Tourism, Trade, and Economic Development may authorize
  774  and contract with the direct-support organization existing on
  775  June 30, 1996, and authorized by the former Florida Department
  776  of Commerce to promote sports-related industries. An appointed
  777  member of the board of directors of such direct-support
  778  organization as of June 30, 1996, may serve the remainder of his
  779  or her unexpired term.
  780         Section 19. Section 288.1169, Florida Statutes, is amended
  781  to read:
  782         288.1169 International Game Fish Association World Center
  783  facility.—
  784         (1) The Office of Tourism, Trade, and Economic Development
  785  Department of Commerce shall serve as the state agency approving
  786  applicants for funding pursuant to s. 212.20 and for certifying
  787  the applicant as the International Game Fish Association World
  788  Center facility. For purposes of this section, “facility” means
  789  the International Game Fish Association World Center, and
  790  “project” means the International Game Fish Association World
  791  Center and new colocated improvements by private sector concerns
  792  who have made cash or in-kind contributions to the facility of
  793  $1 million or more.
  794         (2) Prior to certifying this facility, the office
  795  department must determine that:
  796         (a) The International Game Fish Association World Center is
  797  the only fishing museum, Hall of Fame, and international
  798  administrative headquarters in the United States recognized by
  799  the International Game Fish Association, and that one or more
  800  private sector concerns have committed to donate to the
  801  International Game Fish Association land upon which the
  802  International Game Fish Association World Center will operate.
  803         (b) International Game Fish Association is a not-for-profit
  804  Florida corporation that has contracted to construct and operate
  805  the facility.
  806         (c) The municipality in which the facility is located, or
  807  the county if the facility is located in an unincorporated area,
  808  has certified by resolution after a public hearing that the
  809  facility serves a public purpose.
  810         (d) There are existing projections that the International
  811  Game Fish Association World Center facility and the colocated
  812  facilities of private sector concerns will attract an attendance
  813  of more than 1.8 million annually.
  814         (e) There is an independent analysis or study, using
  815  methodology approved by the office department, which
  816  demonstrates that the amount of the revenues generated by the
  817  taxes imposed under chapter 212 with respect to the use and
  818  operation of the project will exceed $1 million annually.
  819         (f) There are existing projections that the project will
  820  attract more than 300,000 persons annually who are not residents
  821  of the state.
  822         (g) The applicant has submitted an agreement to provide
  823  $500,000 annually in national and international media promotion
  824  of the facility, at the then-current commercial rates, during
  825  the period of time that the facility receives funds pursuant to
  826  s. 212.20. Failure on the part of the applicant to annually
  827  provide the advertising as provided in this paragraph shall
  828  result in the termination of the funding as provided in s.
  829  212.20. The applicant can discharge its obligation under this
  830  paragraph by contracting with other persons, including private
  831  sector concerns who participate in the project.
  832         (h) Documentation exists that demonstrates that the
  833  applicant has provided, and is capable of providing, or has
  834  financial or other commitments to provide, more than one-half of
  835  the cost incurred or related to the improvements and the
  836  development of the facility.
  837         (i) The application is signed by senior officials of the
  838  International Game Fish Association and is notarized according
  839  to Florida law providing for penalties for falsification.
  840         (3) The applicant may use funds provided pursuant to s.
  841  212.20 for the purpose of paying for the construction,
  842  reconstruction, renovation, promotion, or operation of the
  843  facility, or to pay or pledge for payment of debt service on, or
  844  to fund debt service reserve funds, arbitrage rebate
  845  obligations, or other amounts payable with respect to, bonds
  846  issued for the construction, reconstruction, or renovation of
  847  the facility or for the reimbursement of such costs or by
  848  refinancing of bonds issued for such purposes.
  849         (4) Upon determining that an applicant is or is not
  850  certifiable, the Office of Tourism, Trade, and Economic
  851  Development Department of Commerce shall notify the applicant of
  852  its status by means of an official letter. If certifiable, the
  853  Office of Tourism, Trade, and Economic Development Department of
  854  Commerce shall notify the executive director of the Department
  855  of Revenue and the applicant of such certification by means of
  856  an official letter granting certification. From the date of such
  857  certification, the applicant shall have 5 years to open the
  858  facility to the public and notify the Office of Tourism, Trade,
  859  and Economic Development Department of Commerce of such opening.
  860  The Department of Revenue shall not begin distributing funds
  861  until 30 days following notice by the Office of Tourism, Trade,
  862  and Economic Development Department of Commerce that the
  863  facility is open to the public.
  864         (5) The Department of Revenue may audit as provided in s.
  865  213.34 to verify that the contributions pursuant to this section
  866  have been expended as required by this section.
  867         (6) The Office of Tourism, Trade, and Economic Development
  868  Department of Commerce must recertify every 10 years that the
  869  facility is open, that the International Game Fish Association
  870  World Center continues to be the only international
  871  administrative headquarters, fishing museum, and Hall of Fame in
  872  the United States recognized by the International Game Fish
  873  Association, and that the project is meeting the minimum
  874  projections for attendance or sales tax revenues as required at
  875  the time of original certification. If the facility is not
  876  recertified during this 10-year review as meeting the minimum
  877  projections, then funding shall be abated until certification
  878  criteria are met. If the project fails to generate $1 million of
  879  annual revenues pursuant to paragraph (2)(e), the distribution
  880  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
  881  an amount equal to $83,333 multiplied by a fraction, the
  882  numerator of which is the actual revenues generated and the
  883  denominator of which is $1 million. Such reduction remains in
  884  effect until revenues generated by the project in a 12-month
  885  period equal or exceed $1 million.
  886         Section 20. Subsections (2), (4), and (5) of section
  887  331.369, Florida Statutes, are amended to read:
  888         331.369 Space Industry Workforce Initiative.—
  889         (2) Workforce Florida, Inc., The Workforce Development
  890  Board of Enterprise Florida, Inc., or its successor entity,
  891  shall coordinate development of a Space Industry Workforce
  892  Initiative in partnership with Space Florida, public and private
  893  universities, community colleges, and other training providers
  894  approved by the board. The purpose of the initiative is to use
  895  or revise existing programs and to develop innovative new
  896  programs to address the workforce needs of the aerospace
  897  industry.
  898         (4) Workforce Florida, Inc., The Workforce Development
  899  Board of Enterprise Florida, Inc., or its successor entity, with
  900  the assistance of Space Florida, shall convene representatives
  901  from the aerospace industry to identify the priority training
  902  and education needs of the industry and to appoint a team to
  903  design programs to meet the priority needs.
  904         (5) Workforce Florida, Inc., The Workforce Development
  905  Board of Enterprise Florida, Inc., or its successor entity, as
  906  part of its statutorily prescribed annual report to the
  907  Legislature, shall provide recommendations for policies,
  908  programs, and funding to enhance the workforce needs of the
  909  aerospace industry.
  910         Section 21. Paragraph (h) of subsection (5) of section
  911  377.711, Florida Statutes, is amended to read:
  912         377.711 Florida party to Southern States Energy Compact.
  913  The Southern States Energy Compact is enacted into law and
  914  entered into by the state as a party, and is of full force and
  915  effect between the state and any other states joining therein in
  916  accordance with the terms of the compact, which compact is
  917  substantially as follows:
  918         (5) POWERS.—The board shall have the power to:
  919         (h) Recommend such changes in, or amendments or additions
  920  to, the laws, codes, rules, regulations, administrative
  921  procedures and practices, or ordinances of the party states in
  922  any of the fields of its interest and competence as in its
  923  judgment may be appropriate. Any such recommendation shall be
  924  made through the appropriate state agency with due consideration
  925  of the desirability of uniformity but shall also give
  926  appropriate weight to any special circumstances that may justify
  927  variations to meet local conditions. Any such recommendation
  928  shall be made, in the case of Florida, through the Department of
  929  Commerce.
  930         Section 22. Subsection (3) of section 377.712, Florida
  931  Statutes, is amended to read:
  932         377.712 Florida participation.—
  933         (3) Departments The department, agencies, and officers of
  934  this state, and its subdivisions are authorized to cooperate
  935  with the board in the furtherance of any of its activities
  936  pursuant to the compact, provided such proposed activities have
  937  been made known to, and have the approval of, either the
  938  Governor or the Department of Health.
  939         Section 23. Subsection (1), paragraph (b) of subsection
  940  (3), and subsection (8) of section 409.2576, Florida Statutes,
  941  are amended to read:
  942         409.2576 State Directory of New Hires.—
  943         (1) DIRECTORY CREATED.—The State Directory of New Hires is
  944  hereby created and shall be administered by the Department of
  945  Revenue or its agent. The Department of Labor and Employment
  946  Security will act as the agent until a date not later than
  947  October 1, 1998. All employers in the state shall furnish a
  948  report consistent with subsection (3) for each newly hired or
  949  rehired employee unless the employee is employed by a federal or
  950  state agency performing intelligence or counterintelligence
  951  functions and the head of such agency has determined that
  952  reporting pursuant to this section could endanger the safety of
  953  the employee or compromise an ongoing investigation or
  954  intelligence mission.
  955         (3) EMPLOYERS TO FURNISH REPORTS.—
  956         (b) Upon termination of the contract with the Department of
  957  Labor and Employment Security, but not later than October 1,
  958  1998, All employers shall furnish a report to the State
  959  Directory of New Hires of the state in which the newly hired or
  960  rehired employee works. The report required in this section
  961  shall be made on a W-4 form or, at the option of the employer,
  962  an equivalent form, and can be transmitted magnetically,
  963  electronically, by first-class mail, or other methods which may
  964  be prescribed by the State Directory. Each report shall include
  965  the name, address, date of hire, and social security number of
  966  every new and rehired employee and the name, address, and
  967  federal employer identification number of the reporting
  968  employer. If available, the employer may also include the
  969  employee’s date of birth in the report. Multistate employers
  970  that report new hire information electronically or magnetically
  971  may designate a single state to which it will transmit the above
  972  noted report, provided the employer has employees in that state
  973  and the employer notifies the Secretary of Health and Human
  974  Services in writing to which state the information will be
  975  provided. Agencies of the United States Government shall report
  976  directly to the National Directory of New Hires.
  977         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—Not later
  978  than October 1, 1997, The State Directory of New Hires must
  979  furnish information regarding newly hired or rehired employees
  980  to the National Directory of New Hires for matching with the
  981  records of other state case registries within 3 business days of
  982  entering such information from the employer into the State
  983  Directory of New Hires. The State Directory of New Hires shall
  984  enter into an agreement with the Agency for Workforce Innovation
  985  or its tax collection service provider Florida Department of
  986  Labor and Employment Security for the quarterly reporting to the
  987  National Directory of New Hires information on wages and
  988  unemployment compensation taken from the quarterly report to the
  989  Secretary of Labor, now required by Title III of the Social
  990  Security Act, except that no report shall be filed with respect
  991  to an employee of a state or local agency performing
  992  intelligence or counterintelligence functions, if the head of
  993  such agency has determined that filing such a report could
  994  endanger the safety of the employee or compromise an ongoing
  995  investigation or intelligence mission.
  996         Section 24. Section 414.24, Florida Statutes, is amended to
  997  read:
  998         414.24 Integrated welfare reform and child welfare
  999  services.—The department shall develop integrated service
 1000  delivery strategies to better meet the needs of families subject
 1001  to work activity requirements who are involved in the child
 1002  welfare system or are at high risk of involvement in the child
 1003  welfare system. To the extent that resources are available, the
 1004  department and the Agency for Workforce Innovation Department of
 1005  Labor and Employment Security shall provide funds to one or more
 1006  service districts to promote development of integrated,
 1007  nonduplicative case management within the department, the Agency
 1008  for Workforce Innovation Department of Labor and Employment
 1009  Security, other participating government agencies, and community
 1010  partners. Alternative delivery systems shall be encouraged which
 1011  include well-defined, pertinent outcome measures. Other factors
 1012  to be considered shall include innovation regarding training,
 1013  enhancement of existing resources, and increased private sector
 1014  and business sector participation.
 1015         Section 25. Section 414.40, Florida Statutes, is amended to
 1016  read:
 1017         414.40 Stop Inmate Fraud Program established; guidelines.—
 1018         (1) There is created within the Department of Financial
 1019  Services Department of Law Enforcement a Stop Inmate Fraud
 1020  Program.
 1021         (2) The Department of Financial Services Department of Law
 1022  Enforcement is directed to implement the Stop Inmate Fraud
 1023  Program in accordance with the following guidelines:
 1024         (a) The program shall establish procedures for sharing
 1025  public records not exempt from the public records law among
 1026  social services agencies regarding the identities of persons
 1027  incarcerated in state correctional institutions, as defined in
 1028  s. 944.02, or in county, municipal, or regional jails or other
 1029  detention facilities of local governments under chapter 950 or
 1030  chapter 951 who are wrongfully receiving public assistance
 1031  benefits or entitlement benefits.
 1032         (b) Pursuant to these procedures, the program shall have
 1033  access to records containing correctional information not exempt
 1034  from the public records law on incarcerated persons which have
 1035  been generated as criminal justice information. As used in this
 1036  paragraph, the term “record” is defined as provided in s.
 1037  943.045(7), and the term “criminal justice information” is
 1038  defined as provided in s. 943.045(3).
 1039         (c) Database searches shall be conducted of the inmate
 1040  population at each correctional institution or other detention
 1041  facility. A correctional institution or a detention facility
 1042  shall provide the Stop Inmate Fraud Program with the information
 1043  necessary to identify persons wrongfully receiving benefits in
 1044  the medium requested by the Stop Inmate Fraud Program if the
 1045  correctional institution or detention facility maintains the
 1046  information in that medium.
 1047         (d) Data obtained from correctional institutions or other
 1048  detention facilities shall be compared with the client files of
 1049  the Department of Children and Family Services, the Agency for
 1050  Workforce Innovation Department of Labor and Employment
 1051  Security, and other state or local agencies as needed to
 1052  identify persons wrongfully obtaining benefits. Data comparisons
 1053  shall be accomplished during periods of low information demand
 1054  by agency personnel to minimize inconvenience to the agency.
 1055         (e) Results of data comparisons shall be furnished to the
 1056  appropriate office for use in the county in which the data
 1057  originated. The program may provide reports of the data it
 1058  obtains to appropriate state, federal, and local government
 1059  agencies or governmental entities, including, but not limited
 1060  to:
 1061         1. The Child Support Enforcement Program of the Department
 1062  of Revenue, so that the data may be used as locator information
 1063  on persons being sought for purposes of child support.
 1064         2. The Social Security Administration, so that the data may
 1065  be used to reduce federal entitlement fraud within the state.
 1066         (f) Reports by the program to another agency or entity
 1067  shall be generated bimonthly, or as otherwise directed, and
 1068  shall be designed to accommodate that agency’s or entity’s
 1069  particular needs for data.
 1070         (g) Only those persons with active cases, or with cases
 1071  that were active during the incarceration period, shall be
 1072  reported, in order that the funding agency or entity, upon
 1073  verification of the data, may take whatever action is deemed
 1074  appropriate.
 1075         (h) For purposes of program review and analysis, each
 1076  agency or entity receiving data from the program shall submit
 1077  reports to the program which indicate the results of how the
 1078  data was used.
 1079         Section 26. Subsection (5) of section 440.385, Florida
 1080  Statutes, is amended to read:
 1081         440.385 Florida Self-Insurers Guaranty Association,
 1082  Incorporated.—
 1083         (5) PLAN OF OPERATION.—The association shall operate
 1084  pursuant to a plan of operation approved by the board of
 1085  directors. The plan of operation must be in effect on January 1,
 1086  2002, and approved by the Department of Financial Services and
 1087  Department of Labor and Employment Security shall remain in
 1088  effect. However, any amendments to the plan shall not become
 1089  effective until approved by the department of Financial
 1090  Services.
 1091         (a) The purpose of the plan of operation shall be to
 1092  provide the association and the board of directors with the
 1093  authority and responsibility to establish the necessary programs
 1094  and to take the necessary actions to protect against the
 1095  insolvency of a member of the association. In addition, the plan
 1096  shall provide that the members of the association shall be
 1097  responsible for maintaining an adequate Insolvency Fund to meet
 1098  the obligations of insolvent members provided for under this act
 1099  and shall authorize the board of directors to contract and
 1100  employ those persons with the necessary expertise to carry out
 1101  this stated purpose. By January 1, 2003, The board of directors
 1102  shall submit to the department a proposed plan of operation for
 1103  the administration of the association. The department shall
 1104  approve the plan by order, consistent with this section. The
 1105  department shall approve any amendments to the plan, consistent
 1106  with this section, which are determined appropriate to carry out
 1107  the duties and responsibilities of the association.
 1108         (b) All member employers shall comply with the plan of
 1109  operation.
 1110         (c) The plan of operation shall:
 1111         1. Establish the procedures whereby all the powers and
 1112  duties of the association under subsection (3) will be
 1113  performed.
 1114         2. Establish procedures for handling assets of the
 1115  association.
 1116         3. Establish the amount and method of reimbursing members
 1117  of the board of directors under subsection (2).
 1118         4. Establish procedures by which claims may be filed with
 1119  the association and establish acceptable forms of proof of
 1120  covered claims. Notice of claims to the receiver or liquidator
 1121  of the insolvent employer shall be deemed notice to the
 1122  association or its agent, and a list of such claims shall be
 1123  submitted periodically to the association or similar
 1124  organization in another state by the receiver or liquidator.
 1125         5. Establish regular places and times for meetings of the
 1126  board of directors.
 1127         6. Establish procedures for records to be kept of all
 1128  financial transactions of the association and its agents and the
 1129  board of directors.
 1130         7. Provide that any member employer aggrieved by any final
 1131  action or decision of the association may appeal to the
 1132  department within 30 days after the action or decision.
 1133         8. Establish the procedures whereby recommendations of
 1134  candidates for the board of directors shall be submitted to the
 1135  department.
 1136         9. Contain additional provisions necessary or proper for
 1137  the execution of the powers and duties of the association.
 1138         (d) The plan of operation may provide that any or all of
 1139  the powers and duties of the association, except those specified
 1140  under subparagraphs (c)1. and 2., be delegated to a corporation,
 1141  association, or other organization which performs or will
 1142  perform functions similar to those of this association or its
 1143  equivalent in two or more states. Such a corporation,
 1144  association, or organization shall be reimbursed as a servicing
 1145  facility would be reimbursed and shall be paid for its
 1146  performance of any other functions of the association. A
 1147  delegation of powers or duties under this subsection shall take
 1148  effect only with the approval of both the board of directors and
 1149  the department and may be made only to a corporation,
 1150  association, or organization which extends protection which is
 1151  not substantially less favorable and effective than the
 1152  protection provided by this section.
 1153         Section 27. Paragraph (b) of subsection (9) of section
 1154  440.49, Florida Statutes, is amended to read:
 1155         440.49 Limitation of liability for subsequent injury
 1156  through Special Disability Trust Fund.—
 1157         (9) SPECIAL DISABILITY TRUST FUND.—
 1158         (b)1. The Special Disability Trust Fund shall be maintained
 1159  by annual assessments upon the insurance companies writing
 1160  compensation insurance in the state, the commercial self
 1161  insurers under ss. 624.462 and 624.4621, the assessable mutuals
 1162  as defined in s. 628.6011, and the self-insurers under this
 1163  chapter, which assessments shall become due and be paid
 1164  quarterly at the same time and in addition to the assessments
 1165  provided in s. 440.51. The department shall estimate annually in
 1166  advance the amount necessary for the administration of this
 1167  subsection and the maintenance of this fund and shall make such
 1168  assessment in the manner hereinafter provided.
 1169         2. The annual assessment shall be calculated to produce
 1170  during the ensuing fiscal year an amount which, when combined
 1171  with that part of the balance in the fund on June 30 of the
 1172  current fiscal year which is in excess of $100,000, is equal to
 1173  the average of:
 1174         a. The sum of disbursements from the fund during the
 1175  immediate past 3 calendar years, and
 1176         b. Two times the disbursements of the most recent calendar
 1177  year.
 1178  
 1179  Such amount shall be prorated among the insurance companies
 1180  writing compensation insurance in the state and the self
 1181  insurers. Provided however, for those carriers that have
 1182  excluded ceded reinsurance premiums from their assessments on or
 1183  before January 1, 2000, no assessments on ceded reinsurance
 1184  premiums shall be paid by those carriers until such time as the
 1185  former Division of Workers’ Compensation of the Department of
 1186  Labor and Employment Security or the department advises each of
 1187  those carriers of the impact that the inclusion of ceded
 1188  reinsurance premiums has on their assessment. The department may
 1189  not recover any past underpayments of assessments levied against
 1190  any carrier that on or before January 1, 2000, excluded ceded
 1191  reinsurance premiums from their assessment prior to the point
 1192  that the former Division of Workers’ Compensation of the
 1193  Department of Labor and Employment Security or the department
 1194  advises of the appropriate assessment that should have been
 1195  paid.
 1196         3. The net premiums written by the companies for workers’
 1197  compensation in this state and the net premium written
 1198  applicable to the self-insurers in this state are the basis for
 1199  computing the amount to be assessed as a percentage of net
 1200  premiums. Such payments shall be made by each carrier and self
 1201  insurer to the department for the Special Disability Trust Fund
 1202  in accordance with such regulations as the department
 1203  prescribes.
 1204         4. The Chief Financial Officer is authorized to receive and
 1205  credit to such Special Disability Trust Fund any sum or sums
 1206  that may at any time be contributed to the state by the United
 1207  States under any Act of Congress, or otherwise, to which the
 1208  state may be or become entitled by reason of any payments made
 1209  out of such fund.
 1210         Section 28. Section 446.60, Florida Statutes, is repealed.
 1211         Section 29. Section 450.161, Florida Statutes, is amended
 1212  to read:
 1213         450.161 Chapter not to affect career education of children;
 1214  other exceptions.—Nothing in this chapter shall prevent minors
 1215  of any age from receiving career education furnished by the
 1216  United States, this state, or any county or other political
 1217  subdivision of this state and duly approved by the Department of
 1218  Education or other duly constituted authority, nor any
 1219  apprentice indentured under a plan approved by the Department of
 1220  Education Division of Jobs and Benefits, or prevent the
 1221  employment of any minor 14 years of age or older when such
 1222  employment is authorized as an integral part of, or supplement
 1223  to, such a course in career education and is authorized by
 1224  regulations of the district school board of the district in
 1225  which such minor is employed, provided the employment is in
 1226  compliance with the provisions of ss. 450.021(4) and 450.061.
 1227  Exemptions for the employment of student learners 16 to 18 years
 1228  of age are provided in s. 450.061. Such an exemption shall apply
 1229  when:
 1230         (1) The student learner is enrolled in a youth vocational
 1231  training program under a recognized state or local educational
 1232  authority.
 1233         (2) Such student learner is employed under a written
 1234  agreement which provides:
 1235         (a) That the work of the student learner in the occupation
 1236  declared particularly hazardous shall be incidental to the
 1237  training.
 1238         (b) That such work shall be intermittent and for short
 1239  periods of time and under the direct and close supervision of a
 1240  qualified and experienced person.
 1241         (c) That safety instructions shall be given by the school
 1242  and correlated by the employer with on-the-job training.
 1243         (d) That a schedule of organized and progressive work
 1244  processes to be performed on the job shall have been prepared.
 1245  
 1246  Each such written agreement shall contain the name of the
 1247  student learner and shall be signed by the employer, the school
 1248  coordinator and principal, and the parent or legal guardian.
 1249  Copies of each agreement shall be kept on file by both the
 1250  school and the employer. This exemption for the employment of
 1251  student learners may be revoked in any individual situation when
 1252  it is found that reasonable precautions have not been observed
 1253  for the safety of minors employed thereunder. A high school
 1254  graduate may be employed in an occupation in which he or she has
 1255  completed training as a student learner, as provided in this
 1256  section, even though he or she is not yet 18 years of age.
 1257         Section 30. Paragraph (d) of subsection (1) of section
 1258  464.203, Florida Statutes, is amended to read:
 1259         464.203 Certified nursing assistants; certification
 1260  requirement.—
 1261         (1) The board shall issue a certificate to practice as a
 1262  certified nursing assistant to any person who demonstrates a
 1263  minimum competency to read and write and successfully passes the
 1264  required background screening pursuant to s. 400.215 and meets
 1265  one of the following requirements:
 1266         (d) Has completed the curriculum developed by the
 1267  Department of Education under the Enterprise Florida Jobs and
 1268  Education Partnership Grant and achieved a minimum score,
 1269  established by rule of the board, on the nursing assistant
 1270  competency examination, which consists of a written portion and
 1271  skills-demonstration portion, approved by the board and
 1272  administered at a site and by personnel approved by the
 1273  department.
 1274         Section 31. Subsection (1) of section 489.1455, Florida
 1275  Statutes, is amended to read:
 1276         489.1455 Journeyman; reciprocity; standards.—
 1277         (1) An individual who holds a valid, active journeyman
 1278  license in the plumbing/pipe fitting, mechanical, or HVAC trades
 1279  issued by any county or municipality in this state may work as a
 1280  journeyman in the trade in which he or she is licensed in any
 1281  county or municipality of this state without taking an
 1282  additional examination or paying an additional license fee, if
 1283  he or she:
 1284         (a) Has scored at least 70 percent, or after October 1,
 1285  1997, at least 75 percent, on a proctored journeyman Block and
 1286  Associates examination or other proctored examination approved
 1287  by the board for the trade in which he or she is licensed;
 1288         (b) Has completed an apprenticeship program registered with
 1289  a registration agency defined in 29 C.F.R. 29.2 the Department
 1290  of Labor and Employment Security and demonstrates 4 years’
 1291  verifiable practical experience in the trade for which he or she
 1292  is licensed, or demonstrates 6 years’ verifiable practical
 1293  experience in the trade for which he or she is licensed;
 1294         (c) Has satisfactorily completed specialized and advanced
 1295  module coursework approved by the Florida Building Commission,
 1296  as part of the building code training program established in s.
 1297  553.841, specific to the discipline or, pursuant to
 1298  authorization by the certifying authority, provides proof of
 1299  completion of such coursework within 6 months after such
 1300  certification; and
 1301         (d) Has not had a license suspended or revoked within the
 1302  last 5 years.
 1303         Section 32. Subsection (1) of section 489.5335, Florida
 1304  Statutes, is amended to read:
 1305         489.5335 Journeyman; reciprocity; standards.—
 1306         (1) An individual who holds a valid, active journeyman
 1307  license in the electrical trade issued by any county or
 1308  municipality in this state may work as a journeyman in any other
 1309  county or municipality of this state without taking an
 1310  additional examination or paying an additional license fee, if
 1311  he or she:
 1312         (a) Has scored at least 70 percent, or after October 1,
 1313  1997, at least 75 percent, on a proctored journeyman Block and
 1314  Associates examination or other proctored examination approved
 1315  by the board for the electrical trade;
 1316         (b) Has completed an apprenticeship program registered with
 1317  a registration agency defined in 29 C.F.R. 29.2 the Department
 1318  of Labor and Employment Security and demonstrates 4 years’
 1319  verifiable practical experience in the electrical trade, or
 1320  demonstrates 6 years’ verifiable practical experience in the
 1321  electrical trade;
 1322         (c) Has satisfactorily completed specialized and advanced
 1323  module coursework approved by the Florida Building Commission,
 1324  as part of the building code training program established in s.
 1325  553.841, specific to the discipline, or, pursuant to
 1326  authorization by the certifying authority, provides proof of
 1327  completion of such curriculum or coursework within 6 months
 1328  after such certification; and
 1329         (d) Has not had a license suspended or revoked within the
 1330  last 5 years.
 1331         Section 33. Section 553.62, Florida Statutes, is amended to
 1332  read:
 1333         553.62 State standard.—The Occupational Safety and Health
 1334  Administration’s excavation safety standards, 29 C.F.R. s.
 1335  1926.650 Subpart P, are hereby incorporated as the state
 1336  standard. The Department of Labor and Employment Security may,
 1337  by rule, adopt updated or revised versions of those standards,
 1338  provided that the updated or revised versions are consistent
 1339  with the intent expressed in this act and s. 553.72, and are not
 1340  otherwise inconsistent with state law. Any rule adopted as
 1341  provided in this section shall be complied with upon its
 1342  effective date.
 1343         Section 34. Subsection (1) of section 597.006, Florida
 1344  Statutes, is amended to read:
 1345         597.006 Aquaculture Interagency Coordinating Council.—
 1346         (1) CREATION.—The Legislature finds and declares that there
 1347  is a need for interagency coordination with regard to
 1348  aquaculture by the following agencies: the Department of
 1349  Agriculture and Consumer Services; the Office of Tourism, Trade,
 1350  and Economic Development; the Department of Community Affairs;
 1351  the Department of Environmental Protection; the Department of
 1352  Labor and Employment Security; the Fish and Wildlife
 1353  Conservation Commission; the statewide consortium of
 1354  universities under the Florida Institute of Oceanography;
 1355  Florida Agricultural and Mechanical University; the Institute of
 1356  Food and Agricultural Sciences at the University of Florida; and
 1357  the Florida Sea Grant Program. It is therefore the intent of the
 1358  Legislature to hereby create an Aquaculture Interagency
 1359  Coordinating Council to act as an advisory body as defined in s.
 1360  20.03(9).
 1361         Section 35. Subsection (5) of section 944.012, Florida
 1362  Statutes, is amended to read:
 1363         944.012 Legislative intent.—The Legislature hereby finds
 1364  and declares that:
 1365         (5) In order to make the correctional system an efficient
 1366  and effective mechanism, the various agencies involved in the
 1367  correctional process must coordinate their efforts. Where
 1368  possible, interagency offices should be physically located
 1369  within major institutions and should include representatives of
 1370  the public employment service the Florida State Employment
 1371  Service, the vocational rehabilitation programs of the
 1372  Department of Education, and the Parole Commission. Duplicative
 1373  and unnecessary methods of evaluating offenders must be
 1374  eliminated and areas of responsibility consolidated in order to
 1375  more economically utilize present scarce resources.
 1376         Section 36. Section 944.708, Florida Statutes, is amended
 1377  to read:
 1378         944.708 Rules.—The Department of Corrections and the Agency
 1379  for Workforce Innovation shall adopt rules to implement the
 1380  provisions of ss. 944.701-944.707.
 1381         Section 37. Sections 255.551, 255.552, 255.553, 255.5535,
 1382  255.555, 255.556, 255.557, 255.5576, 255.558, 255.559, 255.56,
 1383  255.561, 255.562, and 255.563, Florida Statutes, are repealed.
 1384         Section 38. Paragraph (b) of subsection (2) of section
 1385  469.003, Florida Statutes, is repealed.
 1386         Section 39. This act shall take effect July 1, 2011.