Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 2086
       
       
       
       
       
       
                                Barcode 373050                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/08/2012 04:04 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (13) of section 110.123, Florida
    6  Statutes, is amended to read:
    7         110.123 State group insurance program.—
    8         (13) FLORIDA STATE EMPLOYEE WELLNESS COUNCIL.—
    9         (a) There is created within the department the Florida
   10  State Employee Wellness Council.
   11         (b) The council shall be an advisory body to the department
   12  to provide health education information to employees and to
   13  assist the department in developing minimum benefits for all
   14  health care providers when providing age-based and gender-based
   15  wellness benefits.
   16         (c) The council shall be composed of nine members appointed
   17  by the Governor. When making appointments to the council, the
   18  Governor shall appoint persons who are residents of the state
   19  and who are highly knowledgeable concerning, active in, and
   20  recognized leaders in the health and medical field, at least one
   21  of whom must be an employee of the state. Council members shall
   22  equitably represent the broadest spectrum of the health industry
   23  and the geographic areas of the state. Not more than one member
   24  of the council may be from any one company, organization, or
   25  association.
   26         (d)1. Council members shall be appointed to 4-year terms,
   27  except that the initial terms shall be staggered. The Governor
   28  shall appoint three members to 2-year terms, three members to 3
   29  year terms, and three members to 4-year terms.
   30         2. A member’s absence from three consecutive meetings shall
   31  result in his or her automatic removal from the council. A
   32  vacancy on the council shall be filled for the remainder of the
   33  unexpired term.
   34         (e) The council shall annually elect from its membership
   35  one member to serve as chair of the council and one member to
   36  serve as vice chair.
   37         (f) The first meeting of the council shall be called by the
   38  chair not more than 60 days after the council members are
   39  appointed by the Governor. The council shall thereafter meet at
   40  least once quarterly and may meet more often as necessary. The
   41  department shall provide staff assistance to the council which
   42  shall include, but not be limited to, keeping records of the
   43  proceedings of the council and serving as custodian of all
   44  books, documents, and papers filed with the council.
   45         (g) A majority of the members of the council constitutes a
   46  quorum.
   47         (h) Members of the council shall serve without
   48  compensation, but are entitled to reimbursement for per diem and
   49  travel expenses as provided in s. 112.061 while performing their
   50  duties.
   51         (i) The council shall:
   52         1. Work to encourage participation in wellness programs by
   53  state employees. The council may prepare informational programs
   54  and brochures for state agencies and employees.
   55         2. In consultation with the department, develop standards
   56  and criteria for age-based and gender-based wellness programs.
   57         Section 2. Paragraph (b) of subsection (3) of section
   58  120.54, Florida Statutes, is amended to read:
   59         120.54 Rulemaking.—
   60         (3) ADOPTION PROCEDURES.—
   61         (b) Special matters to be considered in rule adoption.—
   62         1. Statement of estimated regulatory costs.—Before the
   63  adoption, amendment, or repeal of any rule other than an
   64  emergency rule, an agency is encouraged to prepare a statement
   65  of estimated regulatory costs of the proposed rule, as provided
   66  by s. 120.541. However, an agency must prepare a statement of
   67  estimated regulatory costs of the proposed rule, as provided by
   68  s. 120.541, if:
   69         a. The proposed rule will have an adverse impact on small
   70  business; or
   71         b. The proposed rule is likely to directly or indirectly
   72  increase regulatory costs in excess of $200,000 in the aggregate
   73  in this state within 1 year after the implementation of the
   74  rule.
   75         2. Small businesses, small counties, and small cities.—
   76         a. Each agency, before the adoption, amendment, or repeal
   77  of a rule, shall consider the impact of the rule on small
   78  businesses as defined by s. 288.703 and the impact of the rule
   79  on small counties or small cities as defined by s. 120.52.
   80  Whenever practicable, an agency shall tier its rules to reduce
   81  disproportionate impacts on small businesses, small counties, or
   82  small cities to avoid regulating small businesses, small
   83  counties, or small cities that do not contribute significantly
   84  to the problem the rule is designed to address. An agency may
   85  define “small business” to include businesses employing more
   86  than 200 persons, may define “small county” to include those
   87  with populations of more than 75,000, and may define “small
   88  city” to include those with populations of more than 10,000, if
   89  it finds that such a definition is necessary to adapt a rule to
   90  the needs and problems of small businesses, small counties, or
   91  small cities. The agency shall consider each of the following
   92  methods for reducing the impact of the proposed rule on small
   93  businesses, small counties, and small cities, or any combination
   94  of these entities:
   95         (I) Establishing less stringent compliance or reporting
   96  requirements in the rule.
   97         (II) Establishing less stringent schedules or deadlines in
   98  the rule for compliance or reporting requirements.
   99         (III) Consolidating or simplifying the rule’s compliance or
  100  reporting requirements.
  101         (IV) Establishing performance standards or best management
  102  practices to replace design or operational standards in the
  103  rule.
  104         (V) Exempting small businesses, small counties, or small
  105  cities from any or all requirements of the rule.
  106         b.(I) If the agency determines that the proposed action
  107  will affect small businesses as defined by the agency as
  108  provided in sub-subparagraph a., the agency shall send written
  109  notice of the rule to the rules ombudsman in the Executive
  110  Office of the Governor Small Business Regulatory Advisory
  111  Council and the Department of Economic Opportunity at least 28
  112  days before the intended action.
  113         (II) Each agency shall adopt those regulatory alternatives
  114  offered by the rules ombudsman in the Executive Office of the
  115  Governor Small Business Regulatory Advisory Council and provided
  116  to the agency no later than 21 days after the council’s receipt
  117  of the written notice of the rule which it finds are feasible
  118  and consistent with the stated objectives of the proposed rule
  119  and which would reduce the impact on small businesses. When
  120  regulatory alternatives are offered by the rules ombudsman in
  121  the Executive Office of the Governor Small Business Regulatory
  122  Advisory Council, the 90-day period for filing the rule in
  123  subparagraph (e)2. is extended for a period of 21 days.
  124         (III) If an agency does not adopt all alternatives offered
  125  pursuant to this sub-subparagraph, it shall, before rule
  126  adoption or amendment and pursuant to subparagraph (d)1., file a
  127  detailed written statement with the committee explaining the
  128  reasons for failure to adopt such alternatives. Within 3 working
  129  days after the filing of such notice, the agency shall send a
  130  copy of such notice to the rules ombudsman in the Executive
  131  Office of the Governor Small Business Regulatory Advisory
  132  Council. The Small Business Regulatory Advisory Council may make
  133  a request of the President of the Senate and the Speaker of the
  134  House of Representatives that the presiding officers direct the
  135  Office of Program Policy Analysis and Government Accountability
  136  to determine whether the rejected alternatives reduce the impact
  137  on small business while meeting the stated objectives of the
  138  proposed rule. Within 60 days after the date of the directive
  139  from the presiding officers, the Office of Program Policy
  140  Analysis and Government Accountability shall report to the
  141  Administrative Procedures Committee its findings as to whether
  142  an alternative reduces the impact on small business while
  143  meeting the stated objectives of the proposed rule. The Office
  144  of Program Policy Analysis and Government Accountability shall
  145  consider the proposed rule, the economic impact statement, the
  146  written statement of the agency, the proposed alternatives, and
  147  any comment submitted during the comment period on the proposed
  148  rule. The Office of Program Policy Analysis and Government
  149  Accountability shall submit a report of its findings and
  150  recommendations to the Governor, the President of the Senate,
  151  and the Speaker of the House of Representatives. The
  152  Administrative Procedures Committee shall report such findings
  153  to the agency, and the agency shall respond in writing to the
  154  Administrative Procedures Committee if the Office of Program
  155  Policy Analysis and Government Accountability found that the
  156  alternative reduced the impact on small business while meeting
  157  the stated objectives of the proposed rule. If the agency will
  158  not adopt the alternative, it must also provide a detailed
  159  written statement to the committee as to why it will not adopt
  160  the alternative.
  161         Section 3. Paragraphs (a) and (c) of subsection (5) of
  162  section 120.745, Florida Statutes, are amended to read:
  163         120.745 Legislative review of agency rules in effect on or
  164  before November 16, 2010.—
  165         (5) COMPLIANCE ECONOMIC REVIEW OF RULES AND REQUIRED
  166  REPORT.—Each agency shall perform a compliance economic review
  167  and report for all rules, including separate reviews of
  168  subparts, listed under Group 1 “Group 1 rules” or Group 2 “Group
  169  2 rules” pursuant to subparagraph (2)(g)3. Group 1 rules shall
  170  be reviewed and reported on in 2012, and Group 2 rules shall be
  171  reviewed and reported on in 2013.
  172         (a) No later than May 1, each agency shall:
  173         1. Complete a compliance economic review for each entire
  174  rule or subpart in the appropriate group.
  175         2. File the written certification of the agency head with
  176  the committee verifying the completion of each compliance
  177  economic review required for the respective year. The
  178  certification shall be dated and published as an addendum to the
  179  report required in subsection (3). The duty to certify
  180  completion of the required compliance economic reviews is the
  181  responsibility solely of the agency head as defined in s.
  182  120.52(3) and may not be delegated to any other person. If the
  183  defined agency head is a collegial body, the written
  184  certification must be prepared by the chair or equivalent
  185  presiding officer of that body.
  186         3. Publish a copy of the compliance economic review,
  187  directions on how and when interested parties may submit lower
  188  cost regulatory alternatives to the agency, and the date the
  189  notice is published in the manner provided in subsection (7).
  190         4. Publish notice of the publications required in
  191  subparagraphs 2. and 3. in the manner provided in subsection
  192  (7).
  193         5. Submit each compliance economic review to the rules
  194  ombudsman in the Executive Office of the Governor Small Business
  195  Regulatory Advisory Council for its review.
  196         (c) No later than August 1, the rules ombudsman in the
  197  Executive Office of the Governor Small Business Regulatory
  198  Advisory Council may submit lower cost regulatory alternatives
  199  to any rule to the agency that adopted the rule. No later than
  200  June 15, other interested parties may submit lower cost
  201  regulatory alternatives to any rule.
  202         Section 4. Section 258.155, Florida Statutes, is repealed.
  203         Section 5. Section 288.7001, Florida Statutes, is repealed.
  204         Section 6. Section 288.7002, Florida Statutes, is repealed.
  205         Section 7. Subsections (8) through (20) of section
  206  316.2065, Florida Statutes, are renumbered as subsections (7)
  207  through (19), respectively, and present subsections (7), (17),
  208  (18), and (20) of that section are amended to read:
  209         316.2065 Bicycle regulations.—
  210         (7) Any person operating a bicycle shall keep at least one
  211  hand upon the handlebars.
  212         (16)(17) The court may waive, reduce, or suspend payment of
  213  any fine imposed under subsection (3) or subsection (15) (16)
  214  and may impose any other conditions on the waiver, reduction, or
  215  suspension. If the court finds that a person does not have
  216  sufficient funds to pay the fine, the court may require the
  217  performance of a specified number of hours of community service
  218  or attendance at a safety seminar.
  219         (17)(18) Notwithstanding s. 318.21, all proceeds collected
  220  pursuant to s. 318.18 for violations under paragraphs (3)(e) and
  221  (15)(b) (16)(b) shall be deposited into the State Transportation
  222  Trust Fund.
  223         (19)(20) Except as otherwise provided in this section, a
  224  violation of this section is a noncriminal traffic infraction,
  225  punishable as a pedestrian violation as provided in chapter 318.
  226  A law enforcement officer may issue traffic citations for a
  227  violation of subsection (3) or subsection (15) (16) only if the
  228  violation occurs on a bicycle path or road, as defined in s.
  229  334.03. However, a law enforcement officer may not issue
  230  citations to persons on private property, except any part
  231  thereof which is open to the use of the public for purposes of
  232  vehicular traffic.
  233         Section 8. Subsections (1), (2), and (5) of section 339.64,
  234  Florida Statutes, are amended to read:
  235         339.64 Strategic Intermodal System Plan.—
  236         (1) The department shall develop, in cooperation with
  237  metropolitan planning organizations, regional planning councils,
  238  local governments, the Statewide Intermodal Transportation
  239  Advisory Council and other transportation providers, a Strategic
  240  Intermodal System Plan. The plan shall be consistent with the
  241  Florida Transportation Plan developed pursuant to s. 339.155 and
  242  shall be updated at least once every 5 years, subsequent to
  243  updates of the Florida Transportation Plan.
  244         (2) In association with the continued development of the
  245  Strategic Intermodal System Plan, the Florida Transportation
  246  Commission, as part of its work program review process, shall
  247  conduct an annual assessment of the progress that the department
  248  and its transportation partners have made in realizing the goals
  249  of economic development, improved mobility, and increased
  250  intermodal connectivity of the Strategic Intermodal System. The
  251  Florida Transportation Commission shall coordinate with the
  252  department, the Statewide Intermodal Transportation Advisory
  253  Council, and other appropriate entities when developing this
  254  assessment. The Florida Transportation Commission shall deliver
  255  a report to the Governor and Legislature no later than 14 days
  256  after the regular session begins, with recommendations as
  257  necessary to fully implement the Strategic Intermodal System.
  258         (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
  259         (a) The Statewide Intermodal Transportation Advisory
  260  Council is created to advise and make recommendations to the
  261  Legislature and the department on policies, planning, and
  262  funding of intermodal transportation projects. The council’s
  263  responsibilities shall include:
  264         1. Advising the department on the policies, planning, and
  265  implementation of strategies related to intermodal
  266  transportation.
  267         2. Providing advice and recommendations to the Legislature
  268  on funding for projects to move goods and people in the most
  269  efficient and effective manner for the State of Florida.
  270         (b) MEMBERSHIP.—Members of the Statewide Intermodal
  271  Transportation Advisory Council shall consist of the following:
  272         1. Six intermodal industry representatives selected by the
  273  Governor as follows:
  274         a. One representative from an airport involved in the
  275  movement of freight and people from their airport facility to
  276  another transportation mode.
  277         b. One individual representing a fixed-route, local
  278  government transit system.
  279         c. One representative from an intercity bus company
  280  providing regularly scheduled bus travel as determined by
  281  federal regulations.
  282         d. One representative from a spaceport.
  283         e. One representative from intermodal trucking companies.
  284         f. One representative having command responsibilities of a
  285  major military installation.
  286         2. Three intermodal industry representatives selected by
  287  the President of the Senate as follows:
  288         a. One representative from major-line railroads.
  289         b. One representative from seaports listed in s. 311.09(1)
  290  from the Atlantic Coast.
  291         c. One representative from an airport involved in the
  292  movement of freight and people from their airport facility to
  293  another transportation mode.
  294         3. Three intermodal industry representatives selected by
  295  the Speaker of the House of Representatives as follows:
  296         a. One representative from short-line railroads.
  297         b. One representative from seaports listed in s. 311.09(1)
  298  from the Gulf Coast.
  299         c. One representative from intermodal trucking companies.
  300  In no event may this representative be employed by the same
  301  company that employs the intermodal trucking company
  302  representative selected by the Governor.
  303         (c) Initial appointments to the council must be made no
  304  later than 30 days after the effective date of this section.
  305         1. The initial appointments made by the President of the
  306  Senate and the Speaker of the House of Representatives shall
  307  serve terms concurrent with those of the respective appointing
  308  officer. Beginning January 15, 2005, and for all subsequent
  309  appointments, council members appointed by the President of the
  310  Senate and the Speaker of the House of Representatives shall
  311  serve 2-year terms, concurrent with the term of the respective
  312  appointing officer.
  313         2. The initial appointees, and all subsequent appointees,
  314  made by the Governor shall serve 2-year terms.
  315         3. Vacancies on the council shall be filled in the same
  316  manner as the initial appointments.
  317         (d) Each member of the council shall be allowed one vote.
  318  The council shall select a chair from among its membership.
  319  Meetings shall be held at the call of the chair, but not less
  320  frequently than quarterly. The members of the council shall be
  321  reimbursed for per diem and travel expenses as provided in s.
  322  112.061.
  323         (e) The department shall provide administrative staff
  324  support and shall ensure that council meetings are
  325  electronically recorded. Such recordings and all documents
  326  received, prepared for, or used by the council in conducting its
  327  business shall be preserved pursuant to chapters 119 and 257.
  328         Section 9. Section 381.90, Florida Statutes, is repealed.
  329         Section 10. Section 624.916, Florida Statutes, is repealed.
  330         Section 11. Section 1004.63, Florida Statutes, is repealed.
  331         Section 12. Paragraph (d) of subsection (3) of section
  332  322.27, Florida Statutes, is amended to read:
  333         322.27 Authority of department to suspend or revoke
  334  license.—
  335         (3) There is established a point system for evaluation of
  336  convictions of violations of motor vehicle laws or ordinances,
  337  and violations of applicable provisions of s. 403.413(6)(b) when
  338  such violations involve the use of motor vehicles, for the
  339  determination of the continuing qualification of any person to
  340  operate a motor vehicle. The department is authorized to suspend
  341  the license of any person upon showing of its records or other
  342  good and sufficient evidence that the licensee has been
  343  convicted of violation of motor vehicle laws or ordinances, or
  344  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  345  more points as determined by the point system. The suspension
  346  shall be for a period of not more than 1 year.
  347         (d) The point system shall have as its basic element a
  348  graduated scale of points assigning relative values to
  349  convictions of the following violations:
  350         1. Reckless driving, willful and wanton—4 points.
  351         2. Leaving the scene of a crash resulting in property
  352  damage of more than $50—6 points.
  353         3. Unlawful speed resulting in a crash—6 points.
  354         4. Passing a stopped school bus—4 points.
  355         5. Unlawful speed:
  356         a. Not in excess of 15 miles per hour of lawful or posted
  357  speed—3 points.
  358         b. In excess of 15 miles per hour of lawful or posted
  359  speed—4 points.
  360         6. A violation of a traffic control signal device as
  361  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  362  However, no points shall be imposed for a violation of s.
  363  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  364  stop at a traffic signal and when enforced by a traffic
  365  infraction enforcement officer. In addition, a violation of s.
  366  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  367  stop at a traffic signal and when enforced by a traffic
  368  infraction enforcement officer may not be used for purposes of
  369  setting motor vehicle insurance rates.
  370         7. All other moving violations (including parking on a
  371  highway outside the limits of a municipality)—3 points. However,
  372  no points shall be imposed for a violation of s. 316.0741 or s.
  373  316.2065(11) 316.2065(12); and points shall be imposed for a
  374  violation of s. 316.1001 only when imposed by the court after a
  375  hearing pursuant to s. 318.14(5).
  376         8. Any moving violation covered above, excluding unlawful
  377  speed, resulting in a crash—4 points.
  378         9. Any conviction under s. 403.413(6)(b)—3 points.
  379         10. Any conviction under s. 316.0775(2)—4 points.
  380         Section 13. Subsection (10) of section 627.6686, Florida
  381  Statutes, is amended to read:
  382         627.6686 Coverage for individuals with autism spectrum
  383  disorder required; exception.—
  384         (10) The Office of Insurance Regulation may not enforce
  385  this section against an insurer that is a signatory no later
  386  than April 1, 2009, to the developmental disabilities compact
  387  established under s. 624.916. The Office of Insurance Regulation
  388  shall enforce this section against an insurer that is a
  389  signatory to the compact established under s. 624.916 if the
  390  insurer has not complied with the terms of the compact for all
  391  health insurance plans by April 1, 2010.
  392         Section 14. Subsection (9) of section 641.31098, Florida
  393  Statutes, is amended to read:
  394         641.31098 Coverage for individuals with developmental
  395  disabilities.—
  396         (9) The Office of Insurance Regulation may not enforce this
  397  section against a health maintenance organization that is a
  398  signatory no later than April 1, 2009, to the developmental
  399  disabilities compact established under s. 624.916. The Office of
  400  Insurance Regulation shall enforce this section against a health
  401  maintenance organization that is a signatory to the compact
  402  established under s. 624.916 if the health maintenance
  403  organization has not complied with the terms of the compact for
  404  all health maintenance contracts by April 1, 2010.
  405         Section 15. This act shall take effect July 1, 2012.
  406  
  407  ================= T I T L E  A M E N D M E N T ================
  408         And the title is amended as follows:
  409         Delete everything before the enacting clause
  410  and insert:
  411                        A bill to be entitled                      
  412         An act relating to obsolete or outdated programs and
  413         requirements; amending s. 110.123, F.S.; repealing
  414         provisions relating to the creation and duties of the
  415         Florida State Employee Wellness Council; amending ss.
  416         120.54 and 120.745, F.S.; revising provisions relating
  417         to rule adoption by state agencies; requiring the
  418         rules ombudsman in the Executive Office of the
  419         Governor to assume certain duties formerly performed
  420         by the Small Business Regulatory Advisory Council;
  421         deleting provisions that require the Office of Program
  422         Policy Analysis and Government Accountability, upon
  423         request, to conduct a study and issue a report to the
  424         Governor, the President of the Senate, and the Speaker
  425         of the House of Representatives regarding the impact
  426         on small business of certain proposed agency rules
  427         that have been rejected; repealing s. 258.155, F.S.,
  428         relating to the Judah P. Benjamin Memorial at Gamble
  429         Plantation Historical Site Advisory Council; repealing
  430         s. 288.7001, F.S., relating to the Small Business
  431         Regulatory Advisory Council; repealing s. 288.7002,
  432         F.S., relating to the small business advocate;
  433         amending s. 316.2065, F.S.; removing a requirement to
  434         keep one hand on the handlebars while operating a
  435         bicycle; amending s. 339.64, F.S.; repealing
  436         provisions relating to the creation and duties of the
  437         Statewide Intermodal Transportation Advisory Council;
  438         repealing s. 381.90, F.S., relating to the creation,
  439         appointment, and duties of the Health Information
  440         Systems Council; repealing s. 624.916, F.S., relating
  441         to the developmental disabilities compact; repealing
  442         s. 1004.63, F.S., relating to the Florida Institute
  443         for Nuclear Detection and Security; amending ss.
  444         322.27, 627.6686, and 641.31098, F.S.; correcting
  445         cross-references and conforming provisions to changes
  446         made by the act; providing an effective date.