April 25, 2019
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_h1859__
HB 1859

1
A bill to be entitled
2An act relating to obsolete or outdated agency plans,
3reports, and programs; repealing s. 14.25, F.S., relating
4to the Florida State Commission on Hispanic Affairs;
5amending s. 14.26, F.S.; revising reporting requirements
6of the Citizen's Assistance Office; repealing s. 14.27,
7F.S., relating to the Florida Commission on African-
8American Affairs; repealing s. 16.58, F.S., relating to
9the Florida Legal Resource Center; amending ss. 17.32,
1017.325, and 20.057, F.S.; revising provisions relating to
11reports on trust funds, the governmental efficiency
12hotline, and interagency agreements; amending s. 20.19,
13F.S.; revising provisions relating to plans, projections,
14and the mission of the Department of Children and Family
15Services; amending s. 20.315, F.S.; revising provisions
16relating to an evaluation of the Department of Corrections
17by the Florida Corrections Commission; amending s. 20.316,
18F.S.; revising provisions relating to reports of the
19Department of Juvenile Justice; amending ss. 20.43,
2039.001, 39.3065, 39.4086, 39.523, 98.255, and 106.22,
21F.S.; revising and deleting provisions relating to
22specified obsolete and outdated plans, reports, and
23programs; amending s. 106.24, F.S.; conforming a cross
24reference; amending ss. 110.1227, 120.542, 120.60,
25120.695, 120.74, and 121.45, F.S.; revising and deleting
26provisions relating to specified obsolete and outdated
27plans, reports, and programs; repealing s. 153.952, F.S.,
28relating to legislative findings and intent concerning the
29condition or operation of privately owned water or
30wastewater utility systems and facilities; amending s.
31161.053, F.S.; deleting obsolete provisions relating to
32the establishment of coastal construction control lines;
33amending s. 370.12, F.S.; conforming a cross reference;
34amending s. 161.161, F.S.; revising provisions relating to
35reporting requirements for beach erosion control projects;
36repealing s. 163.2526, F.S., relating to review and
37evaluation of specified provisions relating to urban
38infill and redevelopment; amending ss. 163.3167, 163.3177,
39163.3178, 163.519, 186.007, 186.022, 189.4035, 189.412,
40194.034, 206.606, 212.054, and 212.08, F.S.; revising and
41deleting provisions relating to specified obsolete and
42outdated plans, reports, and programs; repealing s.
43213.0452, F.S., relating to certain required reporting by
44the Department of Revenue; repealing s. 213.054, F.S.,
45relating to an annual report concerning persons claiming
46certain tax exemptions or deductions; amending ss.
47215.5601, 215.70, 216.011, and 216.013, F.S.; revising and
48deleting provisions relating to specified obsolete and
49outdated plans, reports, and programs; repealing s.
50216.103, F.S., relating to agencies receiving federal
51funds; repealing s. 216.172, F.S., relating to meetings of
52legislative appropriations committees; amending s.
53216.181, F.S.; deleting a requirement for a specified
54report concerning state employment; repealing s. 216.1825,
55F.S., relating to zero-based budgeting; amending ss.
56252.55 and 253.7825, F.S.; revising and deleting
57provisions relating to specified reports and plans;
58repealing s. 253.7826, F.S., relating to canal structures;
59repealing s. 253.7829, F.S., relating to management plan
60for retention or disposition of former Cross Florida Barge
61Canal lands; amending s. 259.037, F.S.; revising
62provisions relating to a report by the Land Management
63Uniform Accounting Council; repealing s. 265.56, F.S.,
64relating to specified annual report by the Department of
65State; amending s. 267.074, F.S.; deleting requirements
66for a specified plan relating to historical markers;
67repealing s. 272.121, F.S., relating to Capitol Center
68long-range planning; amending ss. 282.102, 284.50,
69287.045, 287.059, 287.16, 288.1045, and 288.108, F.S.;
70revising and deleting provisions relating to specified
71obsolete and outdated plans, reports, and programs;
72repealing s. 288.1185, F.S., relating to the Recycling
73Markets Advisory Committee; amending ss. 288.1226,
74288.1229, 288.7015; 288.7771, 288.8175, 288.853,
75288.95155, 288.9604, 288.9610, 292.04, and 292.05, F.S.;
76revising and deleting provisions relating to specified
77obsolete and outdated plans, reports, and programs;
78repealing s. 296.16, F.S., relating to reports concerning
79the Veterans' Domiciliary Home of Florida; repealing s.
80296.39, F.S., relating to reports concerning veterans
81nursing homes; amending ss. 315.03, 319.324, 322.181,
82322.251, 365.171, 365.172, 365.173, 366.82, 369.22,
83370.26, 372.5712, and 372.5715, F.S.; revising and
84deleting provisions relating to specified obsolete and
85outdated plans, reports, and programs; repealing s.
86372.673, F.S., relating to the Florida Panther Technical
87Advisory Council; repealing s. 372.674, F.S., relating to
88environmental education; amending s. 372.672, F.S.;
89conforming to the repeal of s. 372.674, F.S.; amending ss.
90373.0391, 373.046, 373.1963, and 376.121, F.S.; revising
91and deleting provisions relating to specified obsolete and
92outdated plans, reports, and programs; repealing s.
93376.17, F.S., relating to reports concerning operation of
94a specified pollution control program; amending ss.
95376.30713, 377.703, 380.06, and 380.0677, F.S.; revising
96and deleting provisions relating to specified obsolete and
97outdated plans, reports, and programs; amending ss.
98259.041 and 259.101, F.S.; correcting cross references;
99amending s. 381.0011, F.S.; deleting specified
100requirements for a Department of Health strategic plan;
101repealing s. 381.0036, F.S., relating to planning for
102implementation of educational requirements concerning HIV
103and AIDS for specified professional licensure applicants;
104repealing s. 381.731, F.S., relating to a Department of
105Health strategic plan; amending ss. 381.732 and 381.733,
106F.S.; conforming cross references; amending ss. 381.795,
107381.90, 381.931, and 383.19, F.S.; revising and deleting
108provisions relating to specified obsolete and outdated
109plans, reports, and programs; repealing s. 383.21, F.S.,
110relating to review of certain perinatal intensive care
111programs; amending ss. 383.2161, 384.25, 394.4573,
112394.4985, and 394.75, F.S.; revising and deleting
113provisions relating to specified obsolete and outdated
114plans, reports, and programs; repealing s. 394.82, F.S.,
115relating to expanded funding of certain services; amending
116s. 394.655, F.S.; conforming provisions to the repeal of
117s. 394.82, F.S.; amending s. 394.9082, F.S.; revising
118provisions relating to behavioral health service
119strategies; repealing s. 394.9083, F.S., relating to the
120Behavioral Health Services Integration Workgroup; amending
121ss. 395.807, 397.321, 397.332, 397.333, 397.94, 400.0067,
122400.0075, and 400.0089, F.S.; revising and deleting
123provisions relating to specified obsolete and outdated
124plans, reports, and programs; repealing s. 400.148, F.S.,
125relating to the Medicaid "Up-or-Out" Quality of Care
126Contract Management Program; amending s. 400.0239, F.S.;
127conforming provisions to the repeal of s. 400.148, F.S.;
128amending ss. 400.407, 400.408, 400.419, 400.441, 400.967,
129402.3016, 402.40, 402.73, 403.067, and 403.4131, F.S.;
130revising and deleting provisions relating to specified
131obsolete and outdated plans, reports, and programs;
132repealing s. 403.756, F.S., relating to a report
133concerning oil recycling; amending ss. 403.7226 and
134403.7265, F.S.; revising and deleting provisions relating
135to specified obsolete and outdated plans, reports, and
136programs; amending s. 403.7264, F.S.; conforming a cross
137reference; amending ss. 403.7895, 406.02, 408.033,
138408.914, and 408.915, F.S.; revising and deleting
139provisions relating to specified obsolete and outdated
140plans, reports, and programs; repealing s. 408.917, F.S.,
141relating to evaluation of a health care eligibility pilot
142project; amending s. 409.1451, F.S.; revising reporting
143requirements relating to independent living transition
144services; repealing s. 409.146, F.S., relating to a
145children and families client and management information
146system; repealing s. 409.152, F.S., relating to service
147integration and family preservation; amending ss.
148409.1679, 409.1685, 409.178, 409.221, 409.25575, 409.2558,
149409.2567, 409.441, 409.906, 409.9065, 409.91188, and
150409.912, F.S.; revising and deleting provisions relating
151to specified obsolete and outdated plans, reports, and
152programs; amending ss. 394.9082, 409.9065, 409.91196, and
153641.386, F.S.; conforming cross references; repealing s.
154410.0245, F.S., relating to a study of service needs;
155amending s. 410.604, F.S.; deleting a requirement for an
156evaluation and report concerning a specified community
157care for disabled adults program; repealing s. 411.221,
158F.S., relating to a prevention and early assistance
159strategic plan; amending ss. 411.01 and 411.232, F.S.;
160conforming provisions to the repeal of s. 411.221, F.S.;
161repealing s. 411.242, F.S., relating to the Florida
162Education Now and Babies Later (ENABL) program; amending
163ss. 413.402, 414.1251, 414.14, 414.36, 414.391, 415.1045,
164415.111, 420.622, 420.623, 427.704, 427.706, 430.04,
165430.502, 430.707, 445.003, 445.004, and 445.006, F.S.;
166revising and deleting provisions relating to specified
167obsolete and outdated plans, reports, and programs;
168conforming provisions to the repeal of s. 411.242, F.S.;
169amending ss. 445.022 and 445.049, F.S.; revising and
170deleting provisions relating to specified obsolete and
171outdated plans, reports, and programs; repealing s.
172446.27, F.S., relating to a youth-at-risk pilot program
173annual report; amending ss. 446.50 and 446.609, F.S.;
174revising and deleting provisions relating to specified
175obsolete and outdated plans, reports, and programs;
176repealing s. 455.204, F.S., relating to long-range policy
177planning; amending ss. 455.2226, 455.2228, 456.005,
178456.025, 456.031, 456.033, 456.034, and 517.302, F.S.;
179revising and deleting provisions relating to specified
180obsolete and outdated plans, reports, and programs;
181repealing s. 526.3135, F.S., relating to reports by the
182Division of Standards; amending s. 531.415, F.S., relating
183to a required notice to the Legislature concerning certain
184fees; repealing s. 553.975, F.S., relating to a report
185concerning energy conservation standards; amending ss.
186570.0705, 570.0725, 570.235, 570.543, 570.952, 603.204,
187627.351, 627.64872, 744.7021, 744.708, 765.5215, 768.295,
188775.084, 790.22, 932.7055, 943.08, 943.125, 943.68,
189944.023, 944.801, 945.35, 948.10, 958.045, 960.045,
190985.02, 985.08, and 985.3045, F.S.; revising and deleting
191provisions relating to specified obsolete and outdated
192plans, reports, and programs; repealing s. 985.3046, F.S.,
193relating to certain reports concerning agencies and
194entities providing prevention services; amending ss.
195985.305, 985.309, 985.31, 985.311, and 985.3155, F.S.;
196revising and deleting provisions relating to specified
197obsolete and outdated plans, reports, and programs;
198repealing s. 985.403, F.S., relating to a task force on
199juvenile sexual offenders and their victims; amending ss.
200985.412, 1001.02, 1008.30, and 1011.82, F.S.; revising and
201deleting provisions relating to specified obsolete and
202outdated plans, reports, and programs; amending ss.
2031001.03 and 1002.34, F.S.; conforming cross references;
204amending ss. 1003.492, 1003.61, 1004.22, and 1004.50,
205F.S.; revising and deleting provisions relating to
206specified obsolete and outdated plans, reports, and
207programs; amending s. 1004.94, F.S., relating to an adult
208literacy program; amending s. 1004.95, F.S.; deleting a
209requirement for an annual report on adult literacy
210centers; repealing s. 1006.0605, F.S., relating to student
211summer nutrition programs; repealing s. 1006.67, F.S.,
212relating to a report of campus crime statistics; amending
213ss. 1007.27, 1009.70, 1011.32, 1011.4105, 1011.62,
2141012.05, 1012.42, 1013.03, and 1013.11, F.S.; revising and
215deleting provisions relating to specified obsolete and
216outdated plans, reports, and programs; providing an
217effective date.
218
219Be It Enacted by the Legislature of the State of Florida:
220
221     Section 1.  Section 14.25, Florida Statutes, is repealed.
222     Section 2.  Subsection (3) of section 14.26, Florida
223Statutes, is amended to read:
224     14.26  Citizen's Assistance Office.--
225     (3)  The Citizen's Assistance Office shall report make
226quarterly reports to the Governor on, which shall include:
227     (a)  The number of complaints and investigations and
228complaints made during the preceding quarter and the disposition
229of such investigations.
230     (b)  Recommendations in the form of suggested legislation
231or suggested procedures for the alleviation of problems
232disclosed by investigations.
233     (b)(c)  A report including statistics which reflect The
234types of complaints made and an assessment as to the cause of
235the complaints.
236     (c)  Recommendations for the alleviation of the cause of
237complaints disclosed by investigation.
238     (d)  Such other information as the Executive Office of the
239Governor shall require.
240     Section 3.  Section 14.27, Florida Statutes, is repealed.
241     Section 4.  Section 16.58, Florida Statutes, is repealed.
242     Section 5.  Subsection (1) of section 17.32, Florida
243Statutes, is amended to read:
244     17.32  Annual report of trust funds; duties of Chief
245Financial Officer.--
246     (1)  On February 1 of each year, the Chief Financial
247Officer shall present to the Governor and the Legislature
248President of the Senate and the Speaker of the House of
249Representatives a report listing all trust funds as defined in
250s. 215.32. The report shall contain the following data elements
251for each fund for the preceding fiscal year:
252     (a)  The fund code.
253     (b)  The title.
254     (c)  The fund type according to generally accepted
255accounting principles.
256     (d)  The statutory authority.
257     (e)  The beginning cash balance.
258     (f)  Direct revenues.
259     (g)  Nonoperating revenues.
260     (h)  Operating disbursements.
261     (i)  Nonoperating disbursements.
262     (j)  The ending cash balance.
263     (k)  The department and budget entity in which the fund is
264located.
265     Section 6.  Subsection (1) of section 17.325, Florida
266Statutes, is amended to read:
267     17.325  Governmental efficiency hotline; duties of Chief
268Financial Officer.--
269     (1)  The Chief Financial Officer shall establish and
270operate a statewide toll-free telephone hotline to receive
271information or suggestions from the citizens of this state on
272how to improve the operation of government, increase
273governmental efficiency, and eliminate waste in government. The
274Chief Financial Officer shall report each month to the
275appropriations committee of the House of Representatives and of
276the Senate the information or suggestions received through the
277hotline and the evaluations and determinations made by the
278affected agency, as provided in subsection (3), with respect to
279such information or suggestions.
280     Section 7.  Section 20.057, Florida Statutes, is amended to
281read:
282     20.057  Interagency agreements to delete duplication of
283inspections.--
284     (1)  The Governor shall direct any department, the head of
285which is an officer or board appointed by and serving at the
286pleasure of the Governor, to enter into an interagency agreement
287that will eliminate duplication of inspections among the
288departments that inspect the same type of facility or structure.
289Parties to the agreement may include departments which are
290headed by a Cabinet officer, the Governor and Cabinet, or a
291collegial body. The agreement shall:
292     (a)  Authorize agents of one department to conduct
293inspections required to be performed by another department.
294     (b)  Specify that agents of the department conducting the
295inspection have all powers relative to the inspection as the
296agents of the department on whose behalf the inspection is being
297conducted.
298     (c)  Require that agents of the department conducting the
299inspection have sufficient knowledge of statutory and
300administrative inspection requirements to conduct a proper
301inspection.
302     (d)  Specify that the departments which have entered into
303the agreement may neither charge nor accept any funds with
304respect to duties performed under the agreement which are in
305excess of the direct costs of conducting such inspections.
306     (2)  Before taking effect, an agreement entered into under
307this section must be approved by the Governor. Inspections
308conducted under an agreement shall be deemed sufficient for
309enforcement purposes pursuant to the agreement or as otherwise
310provided by law.
311     (2)  No later than 60 days prior to the beginning of the
312regular session, the Governor shall make an annual report to the
313President of the Senate and the Speaker of the House of
314Representatives regarding interagency agreements. The report
315shall identify each interagency agreement entered into under
316this section, and, for each agreement, shall describe the
317duplication eliminated, provide data that measures the
318effectiveness of inspections conducted under the interagency
319agreement, and estimate the cost savings that have resulted from
320the agreement. The report shall also describe obstacles
321encountered by any department in attempting to develop an
322interagency agreement and in performing duties resulting from an
323interagency agreement and shall recommend appropriate remedial
324legislative action.
325     Section 8.  Subsection (1) and paragraph (c) of subsection
326(5) of section 20.19, Florida Statutes, are amended to read:
327     20.19  Department of Children and Family Services.--There
328is created a Department of Children and Family Services.
329     (1)  MISSION AND PURPOSE.--
330     (a)  The mission of the Department of Children and Family
331Services is to protect vulnerable children and adults,
332strengthen families, and support individuals and families in
333achieving personal and economic self-sufficiency work in
334partnership with local communities to ensure the safety, well-
335being, and self-sufficiency of the people served.
336     (b)  The department shall develop a strategic plan for
337fulfilling its mission and establish a set of measurable goals,
338objectives, performance standards, and quality assurance
339requirements to ensure that the department is accountable to the
340people of Florida.
341     (c)  To the extent allowed by law and within specific
342appropriations, the department shall deliver services by
343contract through private providers.
344     (5)  SERVICE DISTRICTS.--
345     (c)  Each fiscal year the secretary shall, in consultation
346with the relevant employee representatives, develop projections
347of the number of child abuse and neglect cases and shall include
348in the department's legislative budget request a specific
349appropriation for funds and positions for the next fiscal year
350in order to provide an adequate number of full-time equivalent:
351     1.  Child protection investigation workers so that
352caseloads do not exceed the Child Welfare League Standards by
353more than two cases; and
354     2.  Child protection case workers so that caseloads do not
355exceed the Child Welfare League Standards by more than two
356cases.
357     Section 9.  Paragraph (b) of subsection (6) of section
35820.315, Florida Statutes, is amended to read:
359     20.315  Department of Corrections.--There is created a
360Department of Corrections.
361     (6)  FLORIDA CORRECTIONS COMMISSION.--
362     (b)  The primary functions of the commission are to:
363     1.  Recommend major correctional policies for the
364Governor's approval, and assure that approved policies and any
365revisions thereto are properly executed.
366     2.  Periodically review the status of the state
367correctional system and recommend improvements therein to the
368Governor and the Legislature.
369     3.  Annually perform an in-depth review of community-based
370intermediate sanctions and recommend to the Governor and the
371Legislature intergovernmental approaches through the Community
372Corrections Partnership Act for planning and implementing such
373sanctions and programs.
374     4.  Perform an in-depth evaluation of the department's
375annual budget request of the Department of Corrections, long-
376range program plans and performance standards the comprehensive
377correctional master plan, and the tentative construction program
378for compliance with all applicable laws and established
379departmental policies. The commission may not consider
380individual construction projects, but shall consider methods of
381accomplishing the department's goals in the most effective,
382efficient, and businesslike manner.
383     5.  Routinely monitor the financial status of the
384department of Corrections to assure that the department is
385managing revenue and any applicable bond proceeds responsibly
386and in accordance with law and established policy.
387     6.  Evaluate, at least quarterly, the efficiency,
388productivity, and management of the department of Corrections,
389using performance and production standards developed by the
390department under former subsection (18).
391     7.  Provide public education on corrections and criminal
392justice issues.
393     8.  Report to the President of the Senate, the Speaker of
394the House of Representatives, and the Governor by November 1 of
395each year.
396     9.  Resolve disputes between the department of Corrections
397and the contractors for the private correctional facilities
398entered into under chapter 957 when a contractor proposes to
399waive a rule, policy, or procedure concerning operation
400standards.
401     Section 10.  Subsection (4) of section 20.316, Florida
402Statutes, is amended to read:
403     20.316  Department of Juvenile Justice.--There is created a
404Department of Juvenile Justice.
405     (4)  INFORMATION SYSTEMS.--
406     (a)  The Department of Juvenile Justice shall develop, in
407consultation with the Criminal and Juvenile Justice Information
408Systems Council under s. 943.08, a juvenile justice information
409system which shall provide information concerning the
410department's activities and programs.
411     (b)  In establishing the computing and network
412infrastructure for the development of the information system,
413the department shall develop a system design to set the
414direction for the information system. That design shall include
415not only department system requirements but also data exchange
416requirements of other state and local juvenile justice system
417organizations.
418     (c)  The department shall implement a distributed system
419architecture which shall be defined in its agency strategic
420plan.
421     (d)  The management information system shall, at a minimum:
422     1.  Facilitate case management of juveniles referred to or
423placed in the department's custody.
424     2.  Provide timely access to current data and computing
425capacity to support outcome evaluation, legislative oversight,
426the Juvenile Justice Estimating Conference, and other research.
427     3.  Provide automated support to the quality assurance and
428program review functions.
429     4.  Provide automated support to the contract management
430process.
431     5.  Provide automated support to the facility operations
432management process.
433     6.  Provide automated administrative support to increase
434efficiency, provide the capability of tracking expenditures of
435funds by the department or contracted service providers that are
436eligible for federal reimbursement, and reduce forms and
437paperwork.
438     7.  Facilitate connectivity, access, and utilization of
439information among various state agencies, and other state,
440federal, local, and private agencies, organizations, and
441institutions.
442     8.  Provide electronic public access to juvenile justice
443information, which is not otherwise made confidential by law or
444exempt from the provisions of s. 119.07(1).
445     9.  Provide a system for the training of information system
446users and user groups.
447     (e)  The department shall aggregate, on a quarterly and an
448annual basis, the program information, demographic, program
449utilization rate, and statistical data of the youth served into
450a descriptive report and shall disseminate the quarterly and
451annual reports to substantive committees of the House of
452Representatives and the Senate.
453     (f)  The department shall provide an annual report on the
454juvenile justice information system to the Criminal and Juvenile
455Justice Information Systems Council. The council shall review
456and forward the report, along with its comments, to the
457appropriate substantive and appropriations committees of the
458House of Representatives and the Senate delineating the
459development status of the system and other information necessary
460for funding policy formulation.
461     (g)  The department shall include in its annual budget
462request a comprehensive summary of costs involved in the
463establishment of the information system and cost savings
464associated with its implementation. The budget request must also
465include a complete inventory of staff, equipment, and facility
466resources for development and maintenance of the system.
467     Section 11.  Paragraph (l) of subsection (1) of section
46820.43, Florida Statutes, is amended to read:
469     20.43  Department of Health.--There is created a Department
470of Health.
471     (1)  The purpose of the Department of Health is to promote
472and protect the health of all residents and visitors in the
473state through organized state and community efforts, including
474cooperative agreements with counties. The department shall:
475     (l)  Include in the department's long-range program
476strategic plan developed under s. 186.021 an assessment of
477current health programs, systems, and costs; projections of
478future problems and opportunities; and recommended changes that
479are needed in the health care system to improve the public
480health.
481     Section 12.  Subsections (7) and (8) of section 39.001,
482Florida Statutes, are amended to read:
483     39.001  Purposes and intent; personnel standards and
484screening.--
485     (7)  PLAN FOR COMPREHENSIVE APPROACH.--
486     (a)  The department shall develop a comprehensive state
487plan for the prevention of abuse, abandonment, and neglect of
488children and shall submit the plan to the Governor and
489Legislature Speaker of the House of Representatives, the
490President of the Senate, and the Governor no later than June 30,
4912006 January 1, 1983.
492     1.  The departments Department of Education, and the
493Division of Children's Medical Services Prevention and
494Intervention of the Department of Health, Law Enforcement, and
495Juvenile Justice, along with the Agency for Workforce Innovation
496and the Agency for Persons with Disabilities, shall participate
497and fully cooperate in the development of the state plan at both
498the state and local levels. National-level and state-level
499advocacy groups, especially as identified in federal prevention
500initiatives or requirements, shall also be provided an
501opportunity to participate.
502     2.  Furthermore, Appropriate local agencies and
503organizations shall be provided an opportunity to participate at
504the local level in the development of the state plan at the
505local level. Appropriate local groups and organizations shall
506include, but not be limited to, community alliances as described
507in s. 20.19; community-based care lead agencies as described in
508s. 409.1671; community mental health centers; guardian ad litem
509programs for children and other court system entities under the
510circuit court; the school boards of the local school districts;
511the Florida local advocacy councils; private or public
512organizations or programs with recognized expertise in working
513with children who are sexually abused, physically abused,
514emotionally abused, abandoned, or neglected and with expertise
515in working with the families of such children; private or public
516programs or organizations with expertise in maternal and infant
517health care; multidisciplinary child protection teams; child day
518care centers; and law enforcement agencies, and the circuit
519courts, when guardian ad litem programs are not available in the
520local area. The state plan to be provided to the Legislature and
521the Governor shall include, as a minimum, the information
522required of the various groups in paragraph (b).
523     (b)  The development of the comprehensive state plan shall
524be accomplished in the following manner:
525     1.  The department shall establish an interprogram task
526force comprised of a designee from each of the department's
527programs as listed in s. 20.19. Representatives from the
528agencies listed in subparagraph (a)1. the Program Director for
529Family Safety, or a designee, a representative from the Child
530Care Services Program Office, a representative from the Family
531Safety Program Office, a representative from the Mental Health
532Program Office, a representative from the Substance Abuse
533Program Office, a representative from the Developmental
534Disabilities Program Office, and a representative from the
535Division of Children's Medical Services Prevention and
536Intervention of the Department of Health. Representatives of the
537Department of Law Enforcement and of the Department of Education
538shall serve as ex officio members of the interprogram task
539force. The interprogram task force shall be responsible for:
540     1.a.  Developing a plan of action for better coordination
541and integration of the goals, activities, and funding pertaining
542to the prevention of child abuse, abandonment, and neglect
543conducted by the department in order to maximize staff and
544resources at the state level. The plan of action shall be
545included in the state plan.
546     2.b.  Providing a schedule and basic format for to be
547utilized by the districts in the preparation of local plans of
548action in order to provide for uniformity in the development of
549local district plans and to provide for greater ease in
550compiling information for the state plan.
551     3.c.  Providing the districts with technical assistance in
552the development of local plans of action, if requested.
553     4.d.  Examining the local plans to determine if all the
554requirements of the local plans have been met and, if they have
555not, working with local entities to obtain the needed
556information informing the districts of the deficiencies and
557requesting the additional information needed.
558     5.e.  Preparing the comprehensive state plan for submission
559to the Legislature and the Governor. Such preparation shall
560include the collapsing of information obtained from the local
561plans, the cooperative plans with the Department of Education,
562and the plan of action for coordination and integration of
563departmental activities into one comprehensive plan. The
564comprehensive plan shall include a section reflecting general
565conditions and needs, an analysis of variations based on
566population or geographic areas, identified problems, and
567recommendations for change. In essence, the plan shall provide
568an analysis and summary of each element of the local plans to
569provide a statewide perspective. The plan shall also include
570each separate local plan of action.
571     6.f.  Working with the appropriate specified state agency
572in fulfilling the requirements of paragraphs (d), (e), and (f)
573subparagraphs 2., 3., 4., and 5.
574     (c)  The comprehensive state plan shall contain the
575following elements:
576     1.  A section reflecting general conditions and needs.
577     2.  An analysis of variations based on population or
578geographic areas.
579     3.  Performance expectations and gaps.
580     4.  Recommendations for performance improvement.
581     5.  Resource and funding strategies related to unmet needs.
582     6.  A summary or crosswalk of the planning and performance
583requirements from relevant federal funding sources for the
584prevention of child abuse and neglect.
585     7.  Each separate plan identified in paragraphs (d), (e),
586and (f).
587     2.  The department, the Department of Education, and the
588Department of Health shall work together in developing ways to
589inform and instruct parents of school children and appropriate
590district school personnel in all school districts in the
591detection of child abuse, abandonment, and neglect and in the
592proper action that should be taken in a suspected case of child
593abuse, abandonment, or neglect, and in caring for a child's
594needs after a report is made. The plan for accomplishing this
595end shall be included in the state plan.
596     (d)3.  The department, and appropriate task members the
597Department of Law Enforcement, and the Department of Health
598shall work together in developing a plan for informing and
599instructing ways to inform and instruct appropriate
600professionals local law enforcement personnel in the detection
601of child abuse, abandonment, and neglect; and in the proper
602actions action that should be taken in a suspected case of child
603abuse, abandonment, or neglect; and in supporting subsequent
604action by the department or other responsible party for child
605protection. Appropriate professionals include, but are not
606limited to, the reporters listed in s. 39.201(1)(b).
607     (e)4.  Within existing appropriations, The department shall
608work with other appropriate public and private agencies to
609develop a plan for educating emphasize efforts to educate the
610general public about the problem of and ways to detect child
611abuse, abandonment, and neglect and in the proper action that
612should be taken in a suspected case of child abuse, abandonment,
613or neglect. The plan for accomplishing this end shall be
614included in the state plan.
615     5.  The department, the Department of Education, and the
616Department of Health shall work together on the enhancement or
617adaptation of curriculum materials to assist instructional
618personnel in providing instruction through a multidisciplinary
619approach on the identification, intervention, and prevention of
620child abuse, abandonment, and neglect. The curriculum materials
621shall be geared toward a sequential program of instruction at
622the four progressional levels, K-3, 4-6, 7-9, and 10-12.
623Strategies for encouraging all school districts to utilize the
624curriculum are to be included in the comprehensive state plan
625for the prevention of child abuse, abandonment, and neglect.
626     (f)6.  Each district of The department shall facilitate the
627development of local plans develop a plan for their local its
628specific geographical area. Plans The plan developed at the
629local district level shall be used by submitted to the
630interprogram task force for utilization in preparing the state
631comprehensive plan. The district local plan of action shall be
632prepared with the involvement and assistance of the local
633agencies and organizations listed in paragraph (a), as well as
634representatives from those departmental district offices
635participating in the treatment and prevention of child abuse,
636abandonment, and neglect. In order to accomplish this, the
637district administrator in each district shall establish a task
638force on the prevention of child abuse, abandonment, and
639neglect. The district administrator shall appoint the members of
640the task force in accordance with the membership requirements of
641this section. In addition, the district administrator shall
642ensure that each subdistrict is represented on the task force;
643and, if the district does not have subdistricts, the district
644administrator shall ensure that both urban and rural areas are
645represented on the task force. The task force shall develop a
646written statement clearly identifying its operating procedures,
647purpose, overall responsibilities, and method of meeting
648responsibilities.
649     (g)  Each local plan The district plan of action to be
650prepared by the task force shall include, but shall not be
651limited to:
652     1.a.  Documentation of the incidence magnitude of the
653problems of child abuse, including sexual abuse, physical abuse,
654and emotional abuse, and child abandonment, and neglect in its
655geographical area. Documentation shall include, at a minimum, a
656summary of information derived from the department's official
657data source, HomeSafeNet.
658     2.b.  A description of programs and services currently
659serving abused, abandoned, and neglected children and their
660families and a description of programs for the prevention of
661child abuse, abandonment, and neglect, including information on
662the impact, cost-effectiveness, and sources of funding of such
663programs and services.
664     3.c.  A description of local models for a continuum of
665programs and services necessary for a comprehensive approach to
666the prevention of all types of child abuse, abandonment, and
667neglect as well as a brief description of such programs and
668services.
669     4.d.  A description, documentation, and priority ranking of
670local unmet needs related to child abuse, abandonment, and
671neglect prevention based upon the current programs and a model
672continuum of programs and services.
673     5.e.  A plan for steps to be taken in meeting identified
674needs, including the coordination and integration of services to
675avoid unnecessary duplication and cost, and for alternative
676funding strategies for meeting needs through the reallocation of
677existing resources, utilization of volunteers, contracting with
678local universities for services, and local government or private
679agency funding.
680     6.f.  A description of barriers to the accomplishment of a
681comprehensive approach to the prevention of child abuse,
682abandonment, and neglect.
683     7.g.  Recommendations for actions changes that can be
684accomplished only at the state program level or by legislative
685action.
686     (8)  FUNDING AND SUBSEQUENT PLANS.--
687     (a)  The department's long-range program plans and
688legislative budget requests All budget requests submitted by the
689department, the Department of Health, the Department of
690Education, or any other agency to the Legislature for funding of
691efforts for the prevention of child abuse, abandonment, and
692neglect shall be based on and consistent with the most recent
693state comprehensive plan and updates developed pursuant to this
694section.
695     (b)  The department at the state and district levels and
696the other agencies listed in paragraph (7)(a) shall review and
697update the plan annually readdress the plan and make necessary
698revisions every 5 years, at a minimum. Such updates revisions
699shall be submitted to the Governor and Legislature Speaker of
700the House of Representatives and the President of the Senate no
701later than June 30 of each year divisible by 5. Annual review
702and updates shall include progress and performance reporting An
703annual progress report shall be submitted to update the plan in
704the years between the 5-year intervals. In order to avoid
705duplication of effort, these required plans may be made a part
706of or merged with other plans required by either the state or
707Federal Government, so long as the portions of the other state
708or Federal Government plan that constitute the state plan for
709the prevention of child abuse, abandonment, and neglect are
710clearly identified as such and are provided to the Speaker of
711the House of Representatives and the President of the Senate as
712required above.
713     Section 13.  Subsection (3) of section 39.3065, Florida
714Statutes, is amended to read:
715     39.3065  Sheriffs of certain counties to provide child
716protective investigative services; procedures; funding.--
717     (3)(a)  Beginning in fiscal year 1999-2000, the sheriffs of
718Pasco County, Manatee County, Broward County, and Pinellas
719County have the responsibility to provide all child protective
720investigations in their respective counties. Beginning in fiscal
721year 2000-2001, the Department of Children and Family Services
722is authorized to enter into grant agreements with sheriffs of
723other counties to perform child protective investigations in
724their respective counties.
725     (b)  The sheriffs shall operate, at a minimum, in
726accordance with the performance standards and outcome measures
727established by the Legislature for protective investigations
728conducted by the Department of Children and Family Services.
729Each individual who provides these services must complete, at a
730minimum, the training provided to and required of protective
731investigators employed by the Department of Children and Family
732Services.
733     (c)  Funds for providing child protective investigations
734must be identified in the annual appropriation made to the
735Department of Children and Family Services, which shall award
736grants for the full amount identified to the respective
737sheriffs' offices. Notwithstanding the provisions of ss.
738216.181(16)(b) and 216.351, the Department of Children and
739Family Services may advance payments to the sheriffs for child
740protective investigations. Funds for the child protective
741investigations may not be integrated into the sheriffs' regular
742budgets. Budgetary data and other data relating to the
743performance of child protective investigations must be
744maintained separately from all other records of the sheriffs'
745offices and reported to the Department of Children and Family
746Services as specified in the grant agreement.
747     (d)  Program performance evaluation shall be based on
748criteria mutually agreed upon by the respective sheriffs and the
749Department of Children and Family Services. The program
750performance evaluation shall be conducted by a team of peer
751reviewers from the respective sheriffs' offices that perform
752child protective investigations and representatives from the
753department. The Department of Children and Family Services shall
754submit an annual report regarding quality performance, outcome-
755measure attainment, and cost efficiency to the President of the
756Senate, the Speaker of the House of Representatives, and to the
757Governor no later than January 31 of each year the sheriffs are
758receiving general appropriations to provide child protective
759investigations.
760     Section 14.  Paragraph (h) of subsection (2) of section
76139.4086, Florida Statutes, is amended to read:
762     39.4086  Pilot program for attorneys ad litem for dependent
763children.--
764     (2)  RESPONSIBILITIES.--
765     (h)  The Statewide Guardian Ad Litem Office of the State
766Courts Administrator shall conduct research and gather
767statistical information to evaluate the establishment,
768operation, and impact of the pilot program in meeting the legal
769needs of dependent children. In assessing the effects of the
770pilot program, including achievement of outcomes identified
771under paragraph (b), the evaluation must include a comparison of
772children within the Ninth Judicial Circuit who are appointed an
773attorney ad litem with those who are not. The office shall
774submit a report to the Legislature and the Governor by October
7751, 2001, and by October 1, 2002, regarding its findings. The
776office shall submit a final report by October 1, 2003, which
777must include an evaluation of the pilot program; findings on the
778feasibility of a statewide program; and recommendations, if any,
779for locating, establishing, and operating a statewide program.
780     Section 15.  Subsection (5) of section 39.523, Florida
781Statutes, is amended to read:
782     39.523  Placement in residential group care.--
783     (5)(a)  By December 1 of each year, the department shall
784report to the Legislature on the placement of children in
785licensed residential group care during the year, including the
786criteria used to determine the placement of children, the number
787of children who were evaluated for placement, the number of
788children who were placed based upon the evaluation, and the
789number of children who were not placed. The department shall
790maintain data specifying the number of children who were
791referred to licensed residential child care for whom placement
792was unavailable and the counties in which such placement was
793unavailable. The department shall include this data in its
794report to the Legislature due on December 1, so that the
795Legislature may consider this information in developing the
796General Appropriations Act.
797     (b)  As part of the report required in paragraph (a), the
798department shall also provide a detailed account of the
799expenditures incurred for "Special Categories: Grants and
800Aids--Specialized Residential Group Care Services" for the
801fiscal year immediately preceding the date of the report. This
802section of the report must include whatever supporting data is
803necessary to demonstrate full compliance with paragraph (6)(c).
804The document must present the information by district and must
805specify, at a minimum, the number of additional beds, the
806average rate per bed, the number of additional persons served,
807and a description of the enhanced and expanded services
808provided.
809     Section 16.  Subsections (1) and (3) of section 98.255,
810Florida Statutes, are amended to read:
811     98.255  Voter education programs.--
812     (1)  By March 1, 2002, The Department of State shall adopt
813rules prescribing minimum standards for nonpartisan voter
814education. In developing the rules, the department shall review
815current voter education programs within each county of the
816state. The standards shall address, but are not limited to, the
817following subjects:
818     (a)  Voter registration;
819     (b)  Balloting procedures, absentee and polling place;
820     (c)  Voter rights and responsibilities;
821     (d)  Distribution of sample ballots; and
822     (e)  Public service announcements.
823     (3)(a)  By December 15 of each general election year, each
824supervisor of elections shall report to the Department of State
825a detailed description of the voter education programs
826implemented and any other information that may be useful in
827evaluating the effectiveness of voter education efforts.
828     (b)  The Department of State, upon receipt of such
829information, shall prepare a public report on the effectiveness
830of voter education programs and shall submit the report to the
831Governor, the President of the Senate, and the Speaker of the
832House of Representatives by January 31 of each year following a
833general election.
834     (c)  The Department of State shall reexamine the rules
835adopted pursuant to subsection (1) and consider the findings in
836these reports the report as a basis for adopting modified rules
837that incorporate successful voter education programs and
838techniques, as necessary.
839     Section 17.  Subsection (10) of section 106.22, Florida
840Statutes, is amended to read:
841     106.22  Duties of the Division of Elections.--It is the
842duty of the Division of Elections to:
843     (10)  Make an annual report to the President of the Senate
844and the Speaker of the House of Representatives concerning
845activities of the division and recommending improvements in the
846election code.
847     Section 18.  Subsection (6) of section 106.24, Florida
848Statutes, is amended to read:
849     106.24  Florida Elections Commission; membership; powers;
850duties.--
851     (6)  There is hereby established in the State Treasury an
852Elections Commission Trust Fund to be used utilized by the
853Division of Elections and the Florida Elections Commission in
854order to carry out their duties pursuant to ss. 106.24-106.28.
855The trust fund may also be used by the division, pursuant to its
856authority under s. 106.22(10)(11), to provide rewards for
857information leading to criminal convictions related to voter
858registration fraud, voter fraud, and vote scams.
859     Section 19.  Paragraph (a) of subsection (7) of section
860110.1227, Florida Statutes, is amended to read:
861     110.1227  Florida Employee Long-Term-Care Plan Act.--
862     (7)  The board of directors of the Florida Long-Term-Care
863Plan shall:
864     (a)  Upon implementation, prepare an annual report of the
865plan, with the assistance of an actuarial consultant, to be
866submitted to the Speaker of the House of Representatives, the
867President of the Senate, the Governor and Legislature, and the
868Minority Leaders of the Senate and the House of Representatives.
869     Section 20.  Subsection (9) of section 120.542, Florida
870Statutes, is amended to read:
871     120.542  Variances and waivers.--
872     (9)  Each agency shall maintain a record of the type and
873disposition of each petition, including temporary or emergency
874variances and waivers, filed pursuant to this section. On
875October 1 of each year, each agency shall file a report with the
876Governor, the President of the Senate, and the Speaker of the
877House of Representatives listing the number of petitions filed
878requesting variances to each agency rule, the number of
879petitions filed requesting waivers to each agency rule, and the
880disposition of all petitions. Temporary or emergency variances
881and waivers, and the reasons for granting or denying temporary
882or emergency variances and waivers, shall be identified
883separately from other waivers and variances.
884     Section 21.  Subsection (3) of section 120.60, Florida
885Statutes, is amended to read:
886     120.60  Licensing.--
887     (3)  Each applicant shall be given written notice either
888personally or by mail that the agency intends to grant or deny,
889or has granted or denied, the application for license. The
890notice must state with particularity the grounds or basis for
891the issuance or denial of the license, except when issuance is a
892ministerial act. Unless waived, a copy of the notice shall be
893delivered or mailed to each party's attorney of record and to
894each person who has requested notice of agency action. Each
895notice shall inform the recipient of the basis for the agency
896decision, shall inform the recipient of any administrative
897hearing pursuant to ss. 120.569 and 120.57 or judicial review
898pursuant to s. 120.68 which may be available, shall indicate the
899procedure that which must be followed, and shall state the
900applicable time limits. The issuing agency shall certify the
901date the notice was mailed or delivered, and the notice and the
902certification shall be filed with the agency clerk.
903     Section 22.  Subsection (2) of section 120.695, Florida
904Statutes, is amended to read:
905     120.695  Notice of noncompliance.--
906     (2)(a)  Each agency shall issue a notice of noncompliance
907as a first response to a minor violation of a rule. A "notice of
908noncompliance" is a notification by the agency charged with
909enforcing the rule issued to the person or business subject to
910the rule. A notice of noncompliance may not be accompanied with
911a fine or other disciplinary penalty. It must identify the
912specific rule that is being violated, provide information on how
913to comply with the rule, and specify a reasonable time for the
914violator to comply with the rule. A rule is agency action that
915regulates a business, occupation, or profession, or regulates a
916person operating a business, occupation, or profession, and
917that, if not complied with, may result in a disciplinary
918penalty.
919     (a)(b)  Each agency shall review all of its rules and
920designate those rules for which a violation would be a minor
921violation and for which a notice of noncompliance must be the
922first enforcement action taken against a person or business
923subject to regulation. A violation of a rule is a minor
924violation if it does not result in economic or physical harm to
925a person or adversely affect the public health, safety, or
926welfare or create a significant threat of such harm. If an
927agency under the direction of a cabinet officer mails to each
928licensee a notice of the designated rules at the time of
929licensure and at least annually thereafter, the provisions of
930this subsection paragraph (a) may be exercised at the discretion
931of the agency. Such notice shall include a subject-matter index
932of the rules and information on how the rules may be obtained.
933     (c)  The agency's review and designation must be completed
934by December 1, 1995; each agency under the direction of the
935Governor shall make a report to the Governor, and each agency
936under the joint direction of the Governor and Cabinet shall
937report to the Governor and Cabinet by January 1, 1996, on which
938of its rules have been designated as rules the violation of
939which would be a minor violation.
940     (b)(d)  The Governor or the Governor and Cabinet, as
941appropriate pursuant to paragraph (c), may evaluate the rule
942review and designation effects of each agency and may apply a
943different designation than that applied by the agency.
944     (3)(e)  This section does not apply to the regulation of
945law enforcement personnel or teachers.
946     (4)(f)  Rule designation pursuant to this section is not
947subject to challenge under this chapter.
948     Section 23.  Section 120.74, Florida Statutes, is amended
949to read:
950     120.74  Agency review, revision, and report.--
951     (1)  Each agency shall review and revise its rules as often
952as necessary to ensure that its rules are correct and comply
953with statutory requirements.
954     (2)  Additionally, each agency shall perform a formal
955review of its rules every 2 years. In the review, each agency
956must:
957     (a)  Identify and correct deficiencies in its rules;
958     (b)  Clarify and simplify its rules;
959     (c)  Delete obsolete or unnecessary rules;
960     (d)  Delete rules that are redundant of statutes;
961     (e)  Seek to improve efficiency, reduce paperwork, or
962decrease costs to government and the private sector; and
963     (f)  Contact agencies that have concurrent or overlapping
964jurisdiction to determine whether their rules can be coordinated
965to promote efficiency, reduce paperwork, or decrease costs to
966government and the private sector.
967     (2)  Beginning October 1, 1997, and by October 1 of every
968other year thereafter, the head of each agency shall file a
969report with the President of the Senate and the Speaker of the
970House of Representatives, with a copy to each appropriate
971standing committee of the Legislature, which certifies that the
972agency has complied with the requirements of this subsection.
973The report must specify any changes made to its rules as a
974result of the review and, when appropriate, recommend statutory
975changes that will promote efficiency, reduce paperwork, or
976decrease costs to government and the private sector.
977     Section 24.  Subsection (3) of section 121.45, Florida
978Statutes, is amended to read:
979     121.45  Interstate compacts relating to pension
980portability.--
981     (3)  ESTABLISHMENT OF COMPACTS.--
982     (a)  The Department of Management Services is authorized
983and directed to survey other state retirement systems to
984determine if such retirement systems are interested in
985developing an interstate compact with Florida.
986     (b)  If any such state is interested in pursuing the
987matter, the department shall confer with the other state and the
988consulting actuaries of both states, and shall present its
989findings to the committees having jurisdiction over retirement
990matters in the Legislature, and to representatives of affected
991certified bargaining units, in order to determine the
992feasibility of developing a portability compact, what groups
993should be covered, and the goals and priorities which should
994guide such development.
995     (c)  Upon a determination that such a compact is feasible
996and upon request of the Legislature, the department, together
997with its consulting actuaries, shall, in accordance with said
998goals and priorities, develop a proposal under which retirement
999credit may be transferred to or from Florida in an actuarially
1000sound manner, which proposal shall be presented to the Governor
1001and Legislature for consideration.
1002     (d)  Once a proposal has been developed, the department
1003shall contract with its consulting actuaries to conduct an
1004actuarial study of the proposal to determine the cost to the
1005Florida Retirement System Trust Fund and the State of Florida.
1006     (e)  After the actuarial study has been completed, the
1007department shall present its findings and the actuarial study to
1008the Legislature for consideration. If either house of the
1009Legislature elects to enter into such a compact, it shall be
1010introduced in the form of a proposed committee bill to the full
1011Legislature during the same or next regular session.
1012     Section 25.  Section 153.952, Florida Statutes, is
1013repealed.
1014     Section 26.  Subsections (3), (5), (9), (11), and (16),
1015paragraphs (b) and (d) of subsection (6), paragraphs (a) and (b)
1016of subsection (12), and paragraphs (a) and (b) of subsection
1017(13) of section 161.053, Florida Statutes, are amended to read:
1018     161.053  Coastal construction and excavation; regulation on
1019county basis.--
1020     (3)  It is the intent of the Legislature that any coastal
1021construction control line that has not been updated since June
102230, 1980, shall be considered a critical priority for
1023reestablishment by the department. In keeping with this intent,
1024the department shall notify the Legislature if all such lines
1025cannot be reestablished by December 31, 1997, so that the
1026Legislature may subsequently consider interim lines of
1027jurisdiction for the remaining counties.
1028     (4)(5)  Except in those areas where local zoning and
1029building codes have been established pursuant to subsection
1030(3)(4), a permit to alter, excavate, or construct on property
1031seaward of established coastal construction control lines may be
1032granted by the department as follows:
1033     (a)  The department may authorize an excavation or erection
1034of a structure at any coastal location as described in
1035subsection (1) upon receipt of an application from a property
1036and/or riparian owner and upon the consideration of facts and
1037circumstances, including:
1038     1.  Adequate engineering data concerning shoreline
1039stability and storm tides related to shoreline topography;
1040     2.  Design features of the proposed structures or
1041activities; and
1042     3.  Potential impacts of the location of such structures or
1043activities, including potential cumulative effects of any
1044proposed structures or activities upon such beach-dune system,
1045which, in the opinion of the department, clearly justify such a
1046permit.
1047     (b)  If in the immediate contiguous or adjacent area a
1048number of existing structures have established a reasonably
1049continuous and uniform construction line closer to the line of
1050mean high water than the foregoing, and if the existing
1051structures have not been unduly affected by erosion, a proposed
1052structure may, at the discretion of the department, be permitted
1053along such line on written authorization from the department if
1054such structure is also approved by the department. However, the
1055department shall not contravene setback requirements or zoning
1056or building codes established by a county or municipality which
1057are equal to, or more strict than, those requirements provided
1058herein. This paragraph does not prohibit the department from
1059requiring structures to meet design and siting criteria
1060established in paragraph (a) or in subsection (1) or subsection
1061(2).
1062     (c)  The department may condition the nature, timing, and
1063sequence of construction of permitted activities to provide
1064protection to nesting sea turtles and hatchlings and their
1065habitat, pursuant to s. 370.12, and to native salt-resistant
1066vegetation and endangered plant communities.
1067     (d)  The department may require such engineer
1068certifications as necessary to assure the adequacy of the design
1069and construction of permitted projects.
1070     (e)  The department shall limit the construction of
1071structures which interfere with public access along the beach.
1072However, the department may require, as a condition to granting
1073permits, the provision of alternative access when interference
1074with public access along the beach is unavoidable. The width of
1075such alternate access may not be required to exceed the width of
1076the access that will be obstructed as a result of the permit
1077being granted.
1078     (f)  The department may, as a condition to the granting of
1079a permit under this section, require mitigation, financial, or
1080other assurances acceptable to the department as may be
1081necessary to assure performance of conditions of a permit or
1082enter into contractual agreements to best assure compliance with
1083any permit conditions. The department may also require notice of
1084the permit conditions required and the contractual agreements
1085entered into pursuant to the provisions of this subsection to be
1086filed in the public records of the county in which the permitted
1087activity is located.
1088     (5)(6)
1089     (b)  After October 1, 1985, and notwithstanding any other
1090provision of this part, the department, or a local government to
1091which the department has delegated permitting authority pursuant
1092to subsections (3)(4) and (15)(16), shall not issue any permit
1093for any structure, other than a coastal or shore protection
1094structure, minor structure, or pier, meeting the requirements of
1095this part, or other than intake and discharge structures for a
1096facility sited pursuant to part II of chapter 403, which is
1097proposed for a location which, based on the department's
1098projections of erosion in the area, will be seaward of the
1099seasonal high-water line within 30 years after the date of
1100application for such permit. The procedures for determining such
1101erosion shall be established by rule. In determining the area
1102which will be seaward of the seasonal high-water line in 30
1103years, the department shall not include any areas landward of a
1104coastal construction control line.
1105     (d)  In determining the land areas which will be below the
1106seasonal high-water line within 30 years after the permit
1107application date, the department shall consider the impact on
1108the erosion rates of an existing beach nourishment or
1109restoration project or of a beach nourishment or restoration
1110project for which all funding arrangements have been made and
1111all permits have been issued at the time the application is
1112submitted. The department shall consider each year there is sand
1113seaward of the erosion control line that no erosion took place
1114that year. However, the seaward extent of the beach nourishment
1115or restoration project beyond the erosion control line shall not
1116be considered in determining the applicable erosion rates.
1117Nothing in this subsection shall prohibit the department from
1118requiring structures to meet criteria established in subsection
1119(1), subsection (2), or subsection (4)(5) or to be further
1120landward than required by this subsection based on the criteria
1121established in subsection (1), subsection (2), or subsection
1122(4)(5).
1123     (8)(9)  The provisions of this section do not apply to
1124structures intended for shore protection purposes which are
1125regulated by s. 161.041 or to structures existing or under
1126construction prior to the establishment of the coastal
1127construction control line as provided herein, provided such
1128structures may not be materially altered except as provided in
1129subsection (4)(5). Except for structures that have been
1130materially altered, structures determined to be under
1131construction at the time of the establishment or reestablishment
1132of the coastal construction control line shall be exempt from
1133the provisions of this section. However, unless such an
1134exemption has been judicially confirmed to exist prior to April
113510, 1992, the exemption shall last only for a period of 3 years
1136from either the date of the determination of the exemption or
1137April 10, 1992, whichever occurs later. The department may
1138extend the exemption period for structures that require longer
1139periods for completion of their construction, provided that
1140construction during the initial exemption period has been
1141continuous. For purposes of this subsection, "continuous" means
1142following a reasonable sequence of construction without
1143significant or unreasonable periods of work stoppage.
1144     (10)(11)  Pending the establishment of coastal construction
1145control lines as provided herein, the provisions of s. 161.052
1146shall remain in force. However, upon the establishment of
1147coastal construction control lines, or the establishment of
1148coastal construction zoning and building codes as provided in
1149subsection (3)(4), the provisions of s. 161.052 shall be
1150superseded by the provisions of this section.
1151     (11)(12)(a)  The coastal construction control requirements
1152defined in subsection (1) and the requirements of the erosion
1153projections pursuant to subsection (5)(6) do not apply to any
1154modification, maintenance, or repair to any existing structure
1155within the limits of the existing foundation which does not
1156require, involve, or include any additions to, or repair or
1157modification of, the existing foundation of that structure.
1158Specifically excluded from this exemption are seawalls or other
1159rigid coastal or shore protection structures and any additions
1160or enclosures added, constructed, or installed below the first
1161dwelling floor or lowest deck of the existing structure.
1162     (b)  Activities seaward of the coastal construction control
1163line which are determined by the department not to cause a
1164measurable interference with the natural functioning of the
1165coastal system are exempt from the requirements in subsection
1166(4)(5).
1167     (12)(13)(a)  Notwithstanding the coastal construction
1168control requirements defined in subsection (1) or the erosion
1169projection determined pursuant to subsection (5)(6), the
1170department may, at its discretion, issue a permit for the repair
1171or rebuilding within the confines of the original foundation of
1172a major structure pursuant to the provisions of subsection
1173(4)(5). Alternatively, the department may also, at its
1174discretion, issue a permit for a more landward relocation or
1175rebuilding of a damaged or existing structure if such relocation
1176or rebuilding would not cause further harm to the beach-dune
1177system, and if, in the case of rebuilding, such rebuilding
1178complies with the provisions of subsection (4)(5), and otherwise
1179complies with the provisions of this subsection.
1180     (b)  Under no circumstances shall the department permit
1181such repairs or rebuilding that expand the capacity of the
1182original structure seaward of the 30-year erosion projection
1183established pursuant to subsection (5)(6).
1184     (15)(16)  In keeping with the intent of subsection (3)(4),
1185and at the discretion of the department, authority for
1186permitting certain types of activities which have been defined
1187by the department may be delegated by the department to a
1188coastal county or coastal municipality. Such partial delegation
1189shall be narrowly construed to those particular activities
1190specifically named in the delegation and agreed to by the
1191affected county or municipality, and the delegation may be
1192revoked by the department at any time if it is determined that
1193the delegation is improperly or inadequately administered.
1194     Section 27.  Paragraph (g) of subsection (1) of section
1195370.12, Florida Statutes, is amended to read:
1196     370.12  Marine animals; regulation.--
1197     (1)  PROTECTION OF MARINE TURTLES.--
1198     (g)  The Department of Environmental Protection may
1199condition the nature, timing, and sequence of construction of
1200permitted activities to provide protection to nesting marine
1201turtles and hatchlings and their habitat pursuant to the
1202provisions of s. 161.053(4)(5). When the department is
1203considering a permit for a beach restoration, beach
1204renourishment, or inlet sand transfer project and the applicant
1205has had an active marine turtle nest relocation program or the
1206applicant has agreed to and has the ability to administer a
1207program, the department must not restrict the timing of the
1208project. Where appropriate, the department, in accordance with
1209the applicable rules of the Fish and Wildlife Conservation
1210Commission, shall require as a condition of the permit that the
1211applicant relocate and monitor all turtle nests that would be
1212affected by the beach restoration, beach renourishment, or sand
1213transfer activities. Such relocation and monitoring activities
1214shall be conducted in a manner that ensures successful hatching.
1215This limitation on the department's authority applies only on
1216the Atlantic coast of Florida.
1217     Section 28.  Subsection (2) of section 161.161, Florida
1218Statutes, is amended to read:
1219     161.161  Procedure for approval of projects.--
1220     (2)  Annually Upon approval of the beach management plan,
1221the secretary shall present to the Legislature President of the
1222Senate, the Speaker of the House of Representatives, and the
1223chairs of the legislative appropriations committees
1224recommendations for funding of beach erosion control projects
1225prioritized according to the. Such recommendations shall be
1226presented to such members of the Legislature in the priority
1227order specified in the plan and established pursuant to criteria
1228established contained in s. 161.101(14).
1229     Section 29.  Section 163.2526, Florida Statutes, is
1230repealed.
1231     Section 30.  Subsection (2) of section 163.3167, Florida
1232Statutes, is amended to read:
1233     163.3167  Scope of act.--
1234     (2)  Each local government shall prepare a comprehensive
1235plan of the type and in the manner set out in this act or shall
1236prepare amendments to its existing comprehensive plan to conform
1237it to the requirements of this part in the manner set out in
1238this part. Each local government, in accordance with the
1239procedures in s. 163.3184, shall submit its complete proposed
1240comprehensive plan or its complete comprehensive plan as
1241proposed to be amended to the state land planning agency. by the
1242date specified in the rule adopted by the state land planning
1243agency pursuant to this subsection. The state land planning
1244agency shall, prior to October 1, 1987, adopt a schedule of
1245local governments required to submit complete proposed
1246comprehensive plans or comprehensive plans as proposed to be
1247amended. Such schedule shall specify the exact date of
1248submission for each local government, shall establish equal,
1249staggered submission dates, and shall be consistent with the
1250following time periods:
1251     (a)  Beginning on July 1, 1988, and on or before July 1,
12521990, each county that is required to include a coastal
1253management element in its comprehensive plan and each
1254municipality in such a county; and
1255     (b)  Beginning on July 1, 1989, and on or before July 1,
12561991, all other counties or municipalities.
1257
1258Nothing herein shall preclude the state land planning agency
1259from permitting by rule a county together with each municipality
1260in the county from submitting a proposed comprehensive plan
1261earlier than the dates established in paragraphs (a) and (b).
1262Any county or municipality that fails to meet the schedule set
1263for submission of its proposed comprehensive plan by more than
126490 days shall be subject to the sanctions described in s.
1265163.3184(11)(a) imposed by the Administration Commission.
1266Notwithstanding the time periods established in this subsection,
1267the state land planning agency may establish later deadlines for
1268the submission of proposed comprehensive plans or comprehensive
1269plans as proposed to be amended for a county or municipality
1270which has all or a part of a designated area of critical state
1271concern within its boundaries; however, such deadlines shall not
1272be extended to a date later than July 1, 1991, or the time of
1273de-designation, whichever is earlier.
1274     Section 31.  Paragraph (h) of subsection (6) and paragraph
1275(k) of subsection (10) of section 163.3177, Florida Statutes,
1276are amended to read:
1277     163.3177  Required and optional elements of comprehensive
1278plan; studies and surveys.--
1279     (6)  In addition to the requirements of subsections
1280(1)-(5), the comprehensive plan shall include the following
1281elements:
1282     (h)1.  An intergovernmental coordination element showing
1283relationships and stating principles and guidelines to be used
1284in coordinating the accomplishment of coordination of the
1285adopted comprehensive plan with the plans of school boards and
1286other units of local government providing services but not
1287having regulatory authority over the use of land, with the
1288comprehensive plans of adjacent municipalities, the county,
1289adjacent counties, or the region, with the state comprehensive
1290plan and with the applicable regional water supply plan approved
1291pursuant to s. 373.0361, as the case may require and as such
1292adopted plans or plans in preparation may exist. This element of
1293the local comprehensive plan shall consider demonstrate
1294consideration of the particular effects of the local plan, when
1295adopted, upon the development of adjacent municipalities, the
1296county, adjacent counties, or the region, or upon the state
1297comprehensive plan, as the case may require.
1298     a.  The intergovernmental coordination element shall
1299provide for procedures for identifying and implementing to
1300identify and implement joint planning areas, especially for the
1301purpose of annexation, municipal incorporation, and joint
1302infrastructure service areas.
1303     b.  The intergovernmental coordination element shall
1304provide for recognition of campus master plans prepared pursuant
1305to s. 1013.30.
1306     c.  The intergovernmental coordination element may provide
1307for a voluntary dispute resolution process as established
1308pursuant to s. 186.509 for bringing to closure in a timely
1309manner intergovernmental disputes. A local government may
1310develop and use an alternative local dispute resolution process
1311for this purpose.
1312     2.  The intergovernmental coordination element shall
1313further state principles and guidelines to be used in
1314coordinating the accomplishment of coordination of the adopted
1315comprehensive plan with the plans of school boards and other
1316units of local government providing facilities and services but
1317not having regulatory authority over the use of land. In
1318addition, the intergovernmental coordination element shall
1319describe joint processes for collaborative planning and
1320decisionmaking on population projections and public school
1321siting, the location and extension of public facilities subject
1322to concurrency, and siting facilities with countywide
1323significance, including locally unwanted land uses whose nature
1324and identity are established in an agreement. Within 1 year of
1325adopting their intergovernmental coordination elements, each
1326county, all the municipalities within that county, the district
1327school board, and any unit of local government service providers
1328in that county shall establish by interlocal or other formal
1329agreement executed by all affected entities, the joint processes
1330described in this subparagraph consistent with their adopted
1331intergovernmental coordination elements.
1332     3.  To foster coordination between special districts and
1333local general-purpose governments as local general-purpose
1334governments implement local comprehensive plans, each
1335independent special district must submit a public facilities
1336report to the appropriate local government as required by s.
1337189.415.
1338     4.a.  Local governments adopting a public educational
1339facilities element pursuant to s. 163.31776 must execute an
1340interlocal agreement with the district school board, the county,
1341and nonexempt municipalities, as defined by s. 163.31776(1),
1342which includes the items listed in s. 163.31777(2). The local
1343government shall amend the intergovernmental coordination
1344element to provide that coordination between the local
1345government and school board is pursuant to the agreement and
1346shall state the obligations of the local government under the
1347agreement.
1348     b.  Plan amendments that comply with this subparagraph are
1349exempt from the provisions of s. 163.3187(1).
1350     5.  The state land planning agency shall establish a
1351schedule for phased completion and transmittal of plan
1352amendments to implement subparagraphs 1., 2., and 3. from all
1353jurisdictions so as to accomplish their adoption by December 31,
13541999. A local government may complete and transmit its plan
1355amendments to carry out these provisions prior to the scheduled
1356date established by the state land planning agency. The plan
1357amendments are exempt from the provisions of s. 163.3187(1).
1358     5.6.  By January 1, 2004, any county having a population
1359greater than 100,000, and the municipalities and special
1360districts within that county, shall submit a report to the
1361Department of Community Affairs which identifies:
1362     a.  Identifies All existing or proposed interlocal service-
1363delivery agreements regarding the following: education; sanitary
1364sewer; public safety; solid waste; drainage; potable water;
1365parks and recreation; and transportation facilities.
1366     b.  Identifies Any deficits or duplication in the provision
1367of services within its jurisdiction, whether capital or
1368operational. Upon request, the Department of Community Affairs
1369shall provide technical assistance to the local governments in
1370identifying deficits or duplication.
1371     6.7.  Within 6 months after submission of the report, the
1372Department of Community Affairs shall, through the appropriate
1373regional planning council, coordinate a meeting of all local
1374governments within the regional planning area to discuss the
1375reports and potential strategies to remedy any identified
1376deficiencies or duplications.
1377     7.8.  Each local government shall update its
1378intergovernmental coordination element based upon the findings
1379in the report submitted pursuant to subparagraph 5.6. The report
1380may be used as supporting data and analysis for the
1381intergovernmental coordination element.
1382     9.  By February 1, 2003, representatives of municipalities,
1383counties, and special districts shall provide to the Legislature
1384recommended statutory changes for annexation, including any
1385changes that address the delivery of local government services
1386in areas planned for annexation.
1387     (10)  The Legislature recognizes the importance and
1388significance of chapter 9J-5, Florida Administrative Code, the
1389Minimum Criteria for Review of Local Government Comprehensive
1390Plans and Determination of Compliance of the Department of
1391Community Affairs that will be used to determine compliance of
1392local comprehensive plans. The Legislature reserved unto itself
1393the right to review chapter 9J-5, Florida Administrative Code,
1394and to reject, modify, or take no action relative to this rule.
1395Therefore, pursuant to subsection (9), the Legislature hereby
1396has reviewed chapter 9J-5, Florida Administrative Code, and
1397expresses the following legislative intent:
1398     (k)  So that local governments are able to prepare and
1399adopt comprehensive plans with knowledge of the rules that will
1400be applied to determine consistency of the plans with provisions
1401of this part, it is the intent of the Legislature that there
1402should be no doubt as to the legal standing of chapter 9J-5,
1403Florida Administrative Code, at the close of the 1986
1404legislative session. Therefore, the Legislature declares that
1405changes made to chapter 9J-5, Florida Administrative Code, prior
1406to October 1, 1986, shall not be subject to rule challenges
1407under s. 120.56(2), or to drawout proceedings under s.
1408120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative
1409Code, as amended, shall be subject to rule challenges under s.
1410120.56(3), as nothing herein shall be construed to indicate
1411approval or disapproval of any portion of chapter 9J-5, Florida
1412Administrative Code, not specifically addressed herein. No
1413challenge pursuant to s. 120.56(3) may be filed from July 1,
14141987, through April 1, 1993. Any amendments to chapter 9J-5,
1415Florida Administrative Code, exclusive of the amendments adopted
1416prior to October 1, 1986, pursuant to this act, shall be subject
1417to the full chapter 120 process. All amendments shall have
1418effective dates as provided in chapter 120 and submission to the
1419President of the Senate and Speaker of the House of
1420Representatives shall not be required.
1421     Section 32.  Subsection (6) of section 163.3178, Florida
1422Statutes, is amended to read:
1423     163.3178  Coastal management.--
1424     (6)  Local governments are encouraged to adopt countywide
1425marina siting plans to designate sites for existing and future
1426marinas. The Coastal Resources Interagency Management Committee,
1427at the direction of the Legislature, shall identify incentives
1428to encourage local governments to adopt such siting plans and
1429uniform criteria and standards to be used by local governments
1430to implement state goals, objectives, and policies relating to
1431marina siting. These criteria must ensure that priority is given
1432to water-dependent land uses. The Coastal Resources Interagency
1433Management Committee shall submit its recommendations regarding
1434local government incentives to the Legislature by December 1,
14351993. Countywide marina siting plans must be consistent with
1436state and regional environmental planning policies and
1437standards. Each local government in the coastal area which
1438participates in adoption of a countywide marina siting plan
1439shall incorporate the plan into the coastal management element
1440of its local comprehensive plan.
1441     Section 33.  Subsection (12) of section 163.519, Florida
1442Statutes, is amended to read:
1443     163.519  Duties of Department of Legal Affairs.--The
1444Department of Legal Affairs shall:
1445     (12)  Submit an annual report to the Governor, the
1446President of the Senate, the Speaker of the House of
1447Representatives, and the minority leaders and appropriate
1448committee chairpersons of each house prior to March 1 of each
1449year which contains:
1450     (a)  A listing of neighborhood improvement districts
1451created within the state, and their location.
1452     (b)  A listing of districts which received funds from the
1453Safe Neighborhoods Program.
1454     (c)  A status report noting each district's progress in
1455completing and implementing safe neighborhood improvement plans.
1456     Section 34.  Subsection (9) of section 186.007, Florida
1457Statutes, is amended to read:
1458     186.007  State comprehensive plan; preparation; revision.--
1459     (9)  The Governor shall appoint a committee to review and
1460make recommendations as to appropriate revisions to the state
1461comprehensive plan that should be considered for the Governor's
1462recommendations to the Administration Commission for October 1,
14631999, pursuant to s. 186.008(1). The committee must consist of
1464persons from the public and private sectors representing the
1465broad range of interests covered by the state comprehensive
1466plan, including state, regional, and local government
1467representatives. In reviewing the goals and policies contained
1468in chapter 187, the committee must identify portions that have
1469become outdated or have not been implemented, and, based upon
1470best available data, the state's progress toward achieving the
1471goals and policies. In reviewing the goals and policies relating
1472to growth and development, the committee shall consider the
1473extent to which the plan adequately addresses the guidelines set
1474forth in s. 186.009, and recommend revisions as appropriate. In
1475addition, the committee shall consider and make recommendations
1476on the purpose and function of the state land development plan,
1477as set forth in s. 380.031(17), including whether said plan
1478should be retained and, if so, its future application. The
1479committee may also make recommendations as to data and
1480information needed in the continuing process to evaluate and
1481update the state comprehensive plan. All meetings of the
1482committee must be open to the public for input on the state
1483planning process and amendments to the state comprehensive plan.
1484The Executive Office of the Governor is hereby appropriated
1485$50,000 in nonrecurring general revenue for costs associated
1486with the committee, including travel and per diem reimbursement
1487for the committee members.
1488     Section 35.  Section 186.022, Florida Statutes, is amended
1489to read:
1490     186.022  Information technology strategic plans.--By June 1
1491of each year, the Financial Management Information Board, the
1492Criminal and Juvenile Justice Information Systems Council, and
1493the Health Information Systems Council shall each develop and
1494submit to the State Technology Office an information technology
1495strategic plan in a form and manner prescribed in written
1496instructions from the State Technology Office in consultation
1497with the Executive Office of the Governor and the legislative
1498appropriations committees. The State Technology Office shall
1499review each such strategic plan and shall determine whether each
1500such plan is consistent with the State Annual Report on
1501Enterprise Resource Planning and Management and statewide
1502policies adopted by the State Technology Office, and by July 1
1503of each year shall develop and transmit to each such board and
1504council a written expression of its findings, conclusions, and
1505required changes, if any, with respect to each such strategic
1506plan. If any change to any such strategic plan is required, each
1507affected board and council shall revise its strategic plan to
1508the extent necessary to incorporate such required changes and
1509shall resubmit its strategic plan to the State Technology Office
1510for final approval and acceptance.
1511     Section 36.  Subsection (5) of section 189.4035, Florida
1512Statutes, is amended to read:
1513     189.4035  Preparation of official list of special
1514districts.--
1515     (5)  The official list of special districts shall be
1516available on the department's website distributed by the
1517department on October 1 of each year to the President of the
1518Senate, the Speaker of the House of Representatives, the Auditor
1519General, the Department of Revenue, the Department of Financial
1520Services, the Department of Management Services, the State Board
1521of Administration, counties, municipalities, county property
1522appraisers, tax collectors, and supervisors of elections and to
1523all interested parties who request the list.
1524     Section 37.  Subsection (2) of section 189.412, Florida
1525Statutes, is amended to read:
1526     189.412  Special District Information Program; duties and
1527responsibilities.--The Special District Information Program of
1528the Department of Community Affairs is created and has the
1529following special duties:
1530     (2)  The maintenance of a master list of independent and
1531dependent special districts which shall be available on the
1532department's website annually updated and distributed to the
1533appropriate officials in state and local governments.
1534     Section 38.  Subsection (2) of section 194.034, Florida
1535Statutes, is amended to read:
1536     194.034  Hearing procedures; rules.--
1537     (2)  In each case, except when a complaint is withdrawn by
1538the petitioner or is acknowledged as correct by the property
1539appraiser, the value adjustment board shall render a written
1540decision. All such decisions shall be issued within 20 calendar
1541days of the last day the board is in session under s. 194.032.
1542The decision of the board shall contain findings of fact and
1543conclusions of law and shall include reasons for upholding or
1544overturning the determination of the property appraiser. When a
1545special magistrate has been appointed, the recommendations of
1546the special magistrate shall be considered by the board. The
1547clerk, upon issuance of the decisions, shall, on a form provided
1548by the Department of Revenue, notify by first-class mail each
1549taxpayer and, the property appraiser, and the department of the
1550decision of the board.
1551     Section 39.  Paragraph (b) of subsection (1) of section
1552206.606, Florida Statutes, is amended to read:
1553     206.606  Distribution of certain proceeds.--
1554     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
1555206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
1556Fund. Such moneys, after deducting the service charges imposed
1557by s. 215.20, the refunds granted pursuant to s. 206.41, and the
1558administrative costs incurred by the department in collecting,
1559administering, enforcing, and distributing the tax, which
1560administrative costs may not exceed 2 percent of collections,
1561shall be distributed monthly to the State Transportation Trust
1562Fund, except that:
1563     (b)  $2.5 million shall be transferred annually to the
1564State Game Trust Fund in the Fish and Wildlife Conservation
1565Commission in each fiscal year and used for recreational boating
1566activities, and freshwater fisheries management and research.
1567The transfers must be made in equal monthly amounts beginning on
1568July 1 of each fiscal year. The commission shall annually
1569determine where unmet needs exist for boating-related
1570activities, and may fund such activities in counties where, due
1571to the number of vessel registrations, sufficient financial
1572resources are unavailable.
1573     1.  A minimum of $1.25 million shall be used to fund local
1574projects to provide recreational channel marking, public
1575launching facilities, aquatic plant control, and other local
1576boating related activities. In funding the projects, the
1577commission shall give priority consideration as follows:
1578     a.  Unmet needs in counties with populations of 100,000 or
1579less.
1580     b.  Unmet needs in coastal counties with a high level of
1581boating related activities from individuals residing in other
1582counties.
1583     2.  The remaining $1.25 million may be used for
1584recreational boating activities and freshwater fisheries
1585management and research.
1586     3.  The commission is authorized to adopt rules pursuant to
1587ss. 120.536(1) and 120.54 to implement a Florida Boating
1588Improvement Program similar to the program administered by the
1589Department of Environmental Protection and established in rules
159062D-5.031 - 62D-5.036, Florida Administrative Code, to determine
1591projects eligible for funding under this subsection.
1592
1593On February 1 of each year, The commission shall prepare and
1594make available on its Internet website file an annual report
1595with the President of the Senate and the Speaker of the House of
1596Representatives outlining the status of its Florida Boating
1597Improvement Program, including the projects funded, and a list
1598of counties whose needs are unmet due to insufficient financial
1599resources from vessel registration fees.
1600     Section 40.  Paragraph (b) of subsection (4) of section
1601212.054, Florida Statutes, is amended to read:
1602     212.054  Discretionary sales surtax; limitations,
1603administration, and collection.--
1604     (4)
1605     (b)  The proceeds of a discretionary sales surtax collected
1606by the selling dealer located in a county which imposes the
1607surtax shall be returned, less the cost of administration, to
1608the county where the selling dealer is located. The proceeds
1609shall be transferred to the Discretionary Sales Surtax Clearing
1610Trust Fund. A separate account shall be established in such
1611trust fund for each county imposing a discretionary surtax. The
1612amount deducted for the costs of administration shall not exceed
16133 percent of the total revenue generated for all counties
1614levying a surtax authorized in s. 212.055. The amount deducted
1615for the costs of administration shall be used only for those
1616costs which are solely and directly attributable to the surtax.
1617The total cost of administration shall be prorated among those
1618counties levying the surtax on the basis of the amount collected
1619for a particular county to the total amount collected for all
1620counties. No later than March 1 of each year, the department
1621shall submit a written report which details the expenses and
1622amounts deducted for the costs of administration to the
1623President of the Senate, the Speaker of the House of
1624Representatives, and the governing authority of each county
1625levying a surtax. The department shall distribute the moneys in
1626the trust fund each month to the appropriate counties, unless
1627otherwise provided in s. 212.055.
1628     Section 41.  Paragraph (j) of subsection (5) of section
1629212.08, Florida Statutes, is amended to read:
1630     212.08  Sales, rental, use, consumption, distribution, and
1631storage tax; specified exemptions.--The sale at retail, the
1632rental, the use, the consumption, the distribution, and the
1633storage to be used or consumed in this state of the following
1634are hereby specifically exempt from the tax imposed by this
1635chapter.
1636     (5)  EXEMPTIONS; ACCOUNT OF USE.--
1637     (j)  Machinery and equipment used in semiconductor,
1638defense, or space technology production and research and
1639development.--
1640     1.a.  Industrial machinery and equipment used in
1641semiconductor technology facilities certified under subparagraph
16426. to manufacture, process, compound, or produce semiconductor
1643technology products for sale or for use by these facilities are
1644exempt from the tax imposed by this chapter. For purposes of
1645this paragraph, industrial machinery and equipment includes
1646molds, dies, machine tooling, other appurtenances or accessories
1647to machinery and equipment, testing equipment, test beds,
1648computers, and software, whether purchased or self-fabricated,
1649and, if self-fabricated, includes materials and labor for
1650design, fabrication, and assembly.
1651     b.  Industrial machinery and equipment used in defense or
1652space technology facilities certified under subparagraph 6. to
1653manufacture, process, compound, or produce defense technology
1654products or space technology products for sale or for use by
1655these facilities are exempt from 25 percent of the tax imposed
1656by this chapter.
1657     2.a.  Machinery and equipment are exempt from the tax
1658imposed by this chapter if used predominately in semiconductor
1659wafer research and development activities in a semiconductor
1660technology research and development facility certified under
1661subparagraph 6. For purposes of this paragraph, machinery and
1662equipment includes molds, dies, machine tooling, other
1663appurtenances or accessories to machinery and equipment, testing
1664equipment, test beds, computers, and software, whether purchased
1665or self-fabricated, and, if self-fabricated, includes materials
1666and labor for design, fabrication, and assembly.
1667     b.  Machinery and equipment are exempt from 25 percent of
1668the tax imposed by this chapter if used predominately in defense
1669or space research and development activities in a defense or
1670space technology research and development facility certified
1671under subparagraph 6.
1672     3.  Building materials purchased for use in manufacturing
1673or expanding clean rooms in semiconductor-manufacturing
1674facilities are exempt from the tax imposed by this chapter.
1675     4.  In addition to meeting the criteria mandated by
1676subparagraph 1., subparagraph 2., or subparagraph 3., a business
1677must be certified by the Office of Tourism, Trade, and Economic
1678Development as authorized in this paragraph in order to qualify
1679for exemption under this paragraph.
1680     5.  For items purchased tax exempt pursuant to this
1681paragraph, possession of a written certification from the
1682purchaser, certifying the purchaser's entitlement to exemption
1683pursuant to this paragraph, relieves the seller of the
1684responsibility of collecting the tax on the sale of such items,
1685and the department shall look solely to the purchaser for
1686recovery of tax if it determines that the purchaser was not
1687entitled to the exemption.
1688     6.a.  To be eligible to receive the exemption provided by
1689subparagraph 1., subparagraph 2., or subparagraph 3., a
1690qualifying business entity shall apply to Enterprise Florida,
1691Inc. The application shall be developed by the Office of
1692Tourism, Trade, and Economic Development in consultation with
1693Enterprise Florida, Inc.
1694     b.  Enterprise Florida, Inc., shall review each submitted
1695application and information and determine whether or not the
1696application is complete within 5 working days. Once an
1697application is complete, Enterprise Florida, Inc., shall, within
169810 working days, evaluate the application and recommend approval
1699or disapproval of the application to the Office of Tourism,
1700Trade, and Economic Development.
1701     c.  Upon receipt of the application and recommendation from
1702Enterprise Florida, Inc., the Office of Tourism, Trade, and
1703Economic Development shall certify within 5 working days those
1704applicants who are found to meet the requirements of this
1705section and notify the applicant, Enterprise Florida, Inc., and
1706the department of the certification. If the Office of Tourism,
1707Trade, and Economic Development finds that the applicant does
1708not meet the requirements of this section, it shall notify the
1709applicant and Enterprise Florida, Inc., within 10 working days
1710that the application for certification has been denied and the
1711reasons for denial. The Office of Tourism, Trade, and Economic
1712Development has final approval authority for certification under
1713this section.
1714     7.a.  A business may apply once each year for the
1715exemption.
1716     a.b.  The application must indicate, for program evaluation
1717purposes only, the average number of full-time equivalent
1718employees at the facility over the preceding calendar year, the
1719average wage and benefits paid to those employees over the
1720preceding calendar year, the total investment made in real and
1721tangible personal property over the preceding calendar year, and
1722the total value of tax-exempt purchases and taxes exempted
1723during the previous year. The department shall assist the Office
1724of Tourism, Trade, and Economic Development in evaluating and
1725verifying information provided in the application for exemption.
1726     b.c.  The Office of Tourism, Trade, and Economic
1727Development may use the information reported on the application
1728for evaluation purposes only and shall prepare an annual report
1729on the exemption program and its cost and impact. The annual
1730report for the preceding fiscal year shall be submitted to the
1731Governor, the President of the Senate, and the Speaker of the
1732House of Representatives by September 30 of each fiscal year.
1733     8.  A business certified to receive this exemption may
1734elect to designate one or more state universities or community
1735colleges as recipients of up to 100 percent of the amount of the
1736exemption for which they may qualify. To receive these funds,
1737the institution must agree to match the funds so earned with
1738equivalent cash, programs, services, or other in-kind support on
1739a one-to-one basis in the pursuit of research and development
1740projects as requested by the certified business. The rights to
1741any patents, royalties, or real or intellectual property must be
1742vested in the business unless otherwise agreed to by the
1743business and the university or community college.
1744     9.  As used in this paragraph, the term:
1745     a.  "Predominately" means at least 50 percent of the time
1746in qualifying research and development.
1747     b.  "Research and development" means basic and applied
1748research in the science or engineering, as well as the design,
1749development, and testing of prototypes or processes of new or
1750improved products. Research and development does not include
1751market research, routine consumer product testing, sales
1752research, research in the social sciences or psychology,
1753nontechnological activities, or technical services.
1754     c.  "Semiconductor technology products" means raw
1755semiconductor wafers or semiconductor thin films that are
1756transformed into semiconductor memory or logic wafers, including
1757wafers containing mixed memory and logic circuits; related
1758assembly and test operations; active-matrix flat panel displays;
1759semiconductor chips; semiconductor lasers; optoelectronic
1760elements; and related semiconductor technology products as
1761determined by the Office of Tourism, Trade, and Economic
1762Development.
1763     d.  "Clean rooms" means manufacturing facilities enclosed
1764in a manner that meets the clean manufacturing requirements
1765necessary for high-technology semiconductor-manufacturing
1766environments.
1767     e.  "Defense technology products" means products that have
1768a military application, including, but not limited to, weapons,
1769weapons systems, guidance systems, surveillance systems,
1770communications or information systems, munitions, aircraft,
1771vessels, or boats, or components thereof, which are intended for
1772military use and manufactured in performance of a contract with
1773the United States Department of Defense or the military branch
1774of a recognized foreign government or a subcontract thereunder
1775which relates to matters of national defense.
1776     f.  "Space technology products" means products that are
1777specifically designed or manufactured for application in space
1778activities, including, but not limited to, space launch
1779vehicles, missiles, satellites or research payloads, avionics,
1780and associated control systems and processing systems. The term
1781does not include products that are designed or manufactured for
1782general commercial aviation or other uses even though those
1783products may also serve an incidental use in space applications.
1784     Section 42.  Section 213.0452, Florida Statutes, is
1785repealed.
1786     Section 43.  Section 213.054, Florida Statutes, is
1787repealed.
1788     Section 44.  Paragraph (f) of subsection (5) of section
1789215.5601, Florida Statutes, is amended to read:
1790     215.5601  Lawton Chiles Endowment Fund.--
1791     (5)  AVAILABILITY OF FUNDS; USES.--
1792     (f)  When advised by the Revenue Estimating Conference that
1793a deficit will occur with respect to the appropriations from the
1794tobacco settlement trust funds of the state agencies in any
1795fiscal year, the Governor shall develop a plan of action to
1796eliminate the deficit. Before implementing the plan of action,
1797the Governor must comply with s. 216.177(2). In developing the
1798plan of action, the Governor shall, to the extent possible,
1799preserve legislative policy and intent, and, absent any specific
1800directions to the contrary in the General Appropriations Act,
1801any reductions in appropriations from the tobacco settlement
1802trust funds of the state agencies for a fiscal year shall be
1803prorated among the specific appropriations made from all tobacco
1804settlement trust funds of the state agencies for that year.
1805     Section 45.  Subsection (3) of section 215.70, Florida
1806Statutes, is amended to read:
1807     215.70  State Board of Administration to act in case of
1808defaults.--
1809     (3)  It shall be the duty of the State Board of
1810Administration to monitor the debt service accounts for bonds
1811issued pursuant to this act. The board shall advise the Governor
1812and Legislature of any projected need to appropriate funds to
1813honor the pledge of full faith and credit of the state. The
1814report shall include the estimated amount of appropriations
1815needed, the estimated maximum amount of appropriations needed,
1816and a contingency appropriation request for each bond issue.
1817     Section 46.  Paragraph (z) of subsection (1) of section
1818216.011, Florida Statutes, is amended to read:
1819     216.011  Definitions.--
1820     (1)  For the purpose of fiscal affairs of the state,
1821appropriations acts, legislative budgets, and approved budgets,
1822each of the following terms has the meaning indicated:
1823     (z)  "Long-range program plan" means a plan developed
1824pursuant to s. 216.013 on an annual basis by each state agency
1825that is policy based, priority driven, accountable, and
1826developed through careful examination and justification of all
1827programs and their associated costs. Each plan is developed by
1828examining the needs of agency customers and clients and
1829proposing programs and associated costs to address those needs
1830based on state priorities as established by law, the agency
1831mission, and legislative authorization. The plan provides the
1832framework and context for preparing the legislative budget
1833request and includes performance indicators for evaluating the
1834impact of programs and agency performance.
1835     Section 47.  Section 216.013, Florida Statutes, is amended
1836to read:
1837     216.013  Long-range program plan.--
1838     (1)  State agencies and the judicial branch shall develop
1839long-range program plans to achieve state goals using an
1840interagency planning process that includes the development of
1841integrated agency program service outcomes. The plans shall be
1842policy based, priority driven, accountable, and developed
1843through careful examination and justification of all agency and
1844judicial branch programs The plan shall cover a period of 5
1845fiscal years and shall become effective July 1 each year.
1846     (1)  Long-range program plans shall provide the framework
1847for the development of agency budget requests and shall identify
1848or update:
1849     (a)  The agency's or court's mission.
1850     (b)  The goals established to accomplish the mission.
1851     (c)  The objectives developed to achieve the goals.
1852     (d)  The trends and conditions relevant to the mission,
1853goals, and objectives.
1854     (e)(a)  Identify agency programs and address how agency The
1855agency or court programs that will be used to implement state
1856policy and achieve state goals and program component
1857objectives.;
1858     (f)  The program outcomes and standards to measure progress
1859toward program objectives.
1860     (b)  Identify and describe agency functions and how they
1861will be used to achieve designated outcomes;
1862     (c)  Identify demand, output, total costs, and unit costs
1863for each function;
1864     (g)(d)  Provide Information regarding performance
1865measurement, which includes, but is not limited to, how data is
1866collected, the methodology used to measure a performance
1867indicator, the validity and reliability of a measure, the
1868appropriateness of a measure, and whether the agency inspector
1869general has assessed the reliability and validity of agency
1870performance measures, pursuant to s. 20.055(2).;
1871     (e)  Identify and justify facility and fixed capital outlay
1872projects and their associated costs; and
1873     (f)  Identify and justify information technology
1874infrastructure and applications and their associated costs for
1875information technology projects or initiatives.
1876     (2)  Each long-range program plan shall cover a period of 5
1877fiscal years, be revised annually, and remain in effect until
1878replaced or revised All agency functions and their costs shall
1879be carefully evaluated and justified by the agency. The
1880justification must clearly demonstrate the needs of agency
1881customers and clients and why the agency is proposing functions
1882and their associated costs to address the needs based on state
1883priorities, the agency mission, and legislative authorization.
1884Further, the justification must show how agency functions are
1885integrated and contribute to the overall achievement of state
1886goals. Facilities, fixed capital outlay and information
1887technology infrastructure, and applications shall be evaluated
1888pursuant to ss. 216.0158, 216.043, and 216.0446, respectively.
1889     (3)  Long-range program plans or revisions shall be
1890presented by state agencies and the judicial branch in a form,
1891manner, and timeframe prescribed in written instructions
1892prepared by submitted to the Executive Office of the Governor in
1893consultation with by August 1 of each year in a form and manner
1894prescribed by the Executive Office of the Governor and the
1895chairs of the legislative appropriations committees. Such long-
1896range program plans for the Judicial Branch shall be submitted
1897by the Chief Justice of the Supreme Court to the President of
1898the Senate and the Speaker of the House of Representatives, and
1899a copy shall be provided to the Executive Office of the
1900Governor.
1901     (4)  The Executive Office of the Governor shall review the
1902long-range program plans for executive agencies to ensure that
1903they are consistent with the state's goals and objectives and
1904other requirements as specified in the written instructions and
1905that they provide the framework and context for the agency's
1906budget request.
1907     (5)  Executive agencies shall incorporate all revisions
1908required by the Governor within 14 working days.
1909     (6)  Any differences between executive agencies regarding
1910the programs, policies, or long-range program plans of such
1911agencies shall be mediated by the Executive Office of the
1912Governor.
1913     (4)(7)  Each state executive agency and the judicial branch
1914shall post its long-range program plan on its Internet website
1915transmit copies of its long-range program plan and all written
1916comments on its plan to the President of the Senate and the
1917Speaker of the House of Representatives not later than September
191830 of each year and provide written notice to the Governor and
1919Legislature that the plans have been posted 60 days prior to the
1920next regular session of the Legislature.
1921     (8)  Long-range program plans developed pursuant to this
1922chapter are not rules and therefore are not subject to the
1923provisions of chapter 120.
1924     (5)(9)  Following the adoption of the annual General
1925Appropriations Act, each state agency agencies and the judicial
1926branch shall make appropriate adjustments to its their long-
1927range program plan plans to be consistent with the
1928appropriations and performance measures in the General
1929Appropriations Act and legislation implementing the General
1930Appropriations Act. Each agency Agencies and the judicial branch
1931has have until June 15 to make adjustments to its plan as posted
1932on its Internet website their plans and submit the adjusted
1933plans to the Executive Office of the Governor for review.
1934     (6)  Long-range program plans developed pursuant to this
1935chapter are not rules and, therefore, are not subject to chapter
1936120.
1937     Section 48.  Section 216.103, Florida Statutes, is
1938repealed.
1939     Section 49.  Section 216.172, Florida Statutes, is
1940repealed.
1941     Section 50.  Subsection (10) of section 216.181, Florida
1942Statutes, is amended to read:
1943     216.181  Approved budgets for operations and fixed capital
1944outlay.--
1945     (10)(a)  The Executive Office of the Governor and the Chief
1946Justice of the Supreme Court may increase or decrease the
1947approved salary rate for positions for the purpose of
1948implementing the General Appropriations Act, special
1949appropriations acts, and actions pursuant to s. 216.262
1950consistent with legislative intent and policy. Other adjustments
1951to approved salary rate must be approved by the Legislative
1952Budget Commission pursuant to the request of the agency filed
1953with the Executive Office of the Governor or pursuant to the
1954request of an entity of the judicial branch filed with the Chief
1955Justice of the Supreme Court, if deemed necessary and in the
1956best interest of the state and consistent with legislative
1957policy and intent. The provisions of this paragraph are subject
1958to the notice and review procedures set forth in s. 216.177.
1959     (b)  Lump-sum salary bonuses may be provided only if
1960specifically appropriated or provided pursuant to s. 110.1245 or
1961s. 216.1815.
1962     (c)  State agencies and the judicial branch shall report,
1963each fiscal quarter, the number of filled positions, the number
1964of vacant positions, and the salary rate associated with each
1965category to the Legislative Budget Commission in a form and
1966manner prescribed by the commission.
1967     Section 51.  Section 216.1825, Florida Statutes, is
1968repealed.
1969     Section 52.  Subsection (5) of section 252.55, Florida
1970Statutes, is amended to read:
1971     252.55  Civil Air Patrol, Florida Wing.--
1972     (5)  The wing commander of the Florida Wing of the Civil
1973Air Patrol shall biennially furnish the Bureau of Emergency
1974Management a 2-year an annual projection of the goals and
1975objectives of the Civil Air Patrol for the following year. These
1976will be reported to the Governor in the division's biennial
1977annual report submitted pursuant to s. 252.35 of the division on
1978February 1 of each year.
1979     Section 53.  Subsection (1) of section 253.7825, Florida
1980Statutes, is amended to read:
1981     253.7825  Recreational uses.--
1982     (1)  The Cross Florida Greenways State Recreation and
1983Conservation Area must be managed as a multiple-use area
1984pursuant to s. 253.034(2)(a), and as further provided herein.
1985The University of Florida Management Plan provides a conceptual
1986recreational plan that may ultimately be developed at various
1987locations throughout the greenways corridor. The plan proposes
1988to locate a number of the larger, more comprehensive and complex
1989recreational facilities in sensitive, natural resource areas.
1990Future site-specific studies and investigations must be
1991conducted by the department to determine compatibility with, and
1992potential for adverse impact to, existing natural resources,
1993need for the facility, the availability of other alternative
1994locations with reduced adverse impacts to existing natural
1995resources, and the proper specific sites and locations for the
1996more comprehensive and complex facilities. Furthermore, it is
1997appropriate, with the approval of the department, to allow more
1998fishing docks, boat launches, and other user-oriented facilities
1999to be developed and maintained by local governments.
2000     Section 54.  Section 253.7826, Florida Statutes, is
2001repealed.
2002     Section 55.  Section 253.7829, Florida Statutes, is
2003repealed.
2004     Section 56.  Subsection (4) of section 259.037, Florida
2005Statutes, is amended to read:
2006     259.037  Land Management Uniform Accounting Council.--
2007     (4)  The council shall provide a report of the agencies'
2008expenditures pursuant to the adopted categories to the President
2009of the Senate and the Speaker of the House of Representatives
2010annually, beginning July 1, 2001. The council shall also provide
2011this report to the Acquisition and Restoration Council for
2012inclusion in its annual report required pursuant to s. 259.105.
2013     Section 57.  Section 265.56, Florida Statutes, is repealed.
2014     Section 58.  Subsection (4) of section 267.074, Florida
2015Statutes, is amended to read:
2016     267.074  State Historical Marker Program.--The division
2017shall coordinate and direct the State Historical Marker Program,
2018which shall be a program of popular history and heritage
2019designed to inform the general public about persons, events,
2020structures, and other topics relating to the history and culture
2021of the state; encourage interest in preserving the historical
2022resources of the state and its localities; promote a sense of
2023community and place among Florida citizens; and provide for the
2024enjoyment and edification of tourists.
2025     (4)  The division shall develop a comprehensive plan for
2026the State Historical Marker Program which shall be kept up to
2027date and shall incorporate goals and objectives of the program,
2028as well as policies, plans, and procedures relating to:
2029     (a)  Categories of Official Florida Historical Markers,
2030criteria for their use, and specifications for design.
2031     (b)  Selection of subjects to be marked.
2032     (c)  Published guides to Official Florida Historical
2033Markers, including methods for public distribution.
2034     (d)  Maintenance of markers.
2035     (e)  Removal or replacement of markers.
2036     (f)  Placement of markers at historic sites which shall be,
2037in general, conspicuous and accessible to and easily reached by
2038the public and where something associated with the person,
2039historic property, event, or other subject being marked is still
2040visible.
2041     (g)  Physical placement of the markers which shall be, in
2042general, conspicuous and easily reached by the public.
2043     Section 59.  Section 272.121, Florida Statutes, is
2044repealed.
2045     Section 60.  Subsection (28) of section 282.102, Florida
2046Statutes, is amended to read:
2047     282.102  Creation of the State Technology Office; powers
2048and duties.--There is created a State Technology Office within
2049the Department of Management Services. The office shall be a
2050separate budget entity, and shall be headed by a Chief
2051Information Officer who is appointed by the Governor and is in
2052the Senior Management Service. The Chief Information Officer
2053shall be an agency head for all purposes. The Department of
2054Management Services shall provide administrative support and
2055service to the office to the extent requested by the Chief
2056Information Officer. The office may adopt policies and
2057procedures regarding personnel, procurement, and transactions
2058for State Technology Office personnel. The office shall have the
2059following powers, duties, and functions:
2060     (28)  To study and make a recommendation to the Governor
2061and Legislature on the feasibility of implementing online voting
2062in this state.
2063     Section 61.  Subsection (3) of section 284.50, Florida
2064Statutes, is amended to read:
2065     284.50  Loss prevention program; safety coordinators;
2066Interagency Advisory Council on Loss Prevention; employee
2067recognition program.--
2068     (3)  The council and each department head shall report
2069annually to the Governor by January 15 preceding any regular
2070legislative session any actions taken to prevent job-related
2071employee accidents, together with suggestions of safeguards and
2072improvements.
2073     Section 62.  Subsection (11) of section 287.045, Florida
2074Statutes, is amended to read:
2075     287.045  Procurement of products and materials with
2076recycled content.--
2077     (11)  Each agency shall report annually to the department
2078its total expenditures on, and use of, products with recycled
2079content and the percentage of its budget that represents
2080purchases of similar products made from virgin materials. The
2081department shall design a uniform reporting mechanism and
2082prepare annual summaries of statewide purchases delineating
2083those with recycled content to be submitted to the Governor, the
2084President of the Senate, and the Speaker of the House of
2085Representatives.
2086     Section 63.  Subsection (15) of section 287.059, Florida
2087Statutes, is amended to read:
2088     287.059  Private attorney services.--
2089     (15)  The Attorney General's office may, by rule, adopt
2090standard fee schedules for court reporting services for each
2091judicial circuit in consultation with the Florida Court
2092Reporters Association. Agencies, when contracting for court
2093reporting services, must use the standard fee schedule for court
2094reporting services established pursuant to this section,
2095provided no state contract is applicable or unless the head of
2096the agency or his or her designee waives use of the schedule and
2097sets forth the reasons for deviating from the schedule in
2098writing to the Attorney General. Such waiver must demonstrate
2099necessity based upon criteria for deviation from the schedule
2100which the Attorney General shall establish by rule. Any proposed
2101fee schedule under this section shall be submitted to the
2102Governor, the Speaker of the House of Representatives, the
2103President of the Senate, and the Chief Justice of the Florida
2104Supreme Court at least 60 days prior to publication of the
2105notice to adopt the rule.
2106     Section 64.  Subsection (10) of section 287.16, Florida
2107Statutes, is amended to read:
2108     287.16  Powers and duties of department.--The Department of
2109Management Services shall have the following powers, duties, and
2110responsibilities:
2111     (10)  To provide the Legislature annual reports at the end
2112of each calendar year concerning the utilization of all aircraft
2113in the executive pool.
2114     Section 65.  Paragraph (d) of subsection (6) of section
2115288.1045, Florida Statutes, is amended to read:
2116     288.1045  Qualified defense contractor tax refund
2117program.--
2118     (6)  ADMINISTRATION.--
2119     (d)  By December 1 of each year, the office shall submit a
2120complete and detailed report to the Governor, the President of
2121the Senate, and the Speaker of the House of Representatives of
2122all tax refunds paid under this section, including analyses of
2123benefits and costs, types of projects supported, employment and
2124investment created, geographic distribution of tax refunds
2125granted, and minority business participation. The report must
2126indicate whether the moneys appropriated by the Legislature to
2127the qualified applicant tax refund program were expended in a
2128prudent, fiducially sound manner.
2129     Section 66.  Subsection (7) of section 288.108, Florida
2130Statutes, is amended to read:
2131     288.108  High-impact business.--
2132     (7)  REPORTING.--The office shall by December 1 of each
2133year issue a complete and detailed report of all designated
2134high-impact sectors, all applications received and their
2135disposition, all final orders issued, and all payments made,
2136including analyses of benefits and costs, types of projects
2137supported, and employment and investments created. The report
2138shall be submitted to the Governor, the President of the Senate,
2139and the Speaker of the House of Representatives.
2140     Section 67.  Section 288.1185, Florida Statutes, is
2141repealed.
2142     Section 68.  Subsection (6) of section 288.1226, Florida
2143Statutes, is amended to read:
2144     288.1226  Florida Tourism Industry Marketing Corporation;
2145use of property; board of directors; duties; audit.--
2146     (6)  ANNUAL AUDIT.--The corporation shall provide for an
2147annual financial audit in accordance with s. 215.981. The annual
2148audit report shall be submitted to the Auditor General; the
2149Office of Policy Analysis and Government Accountability; and the
2150Office of Tourism, Trade, and Economic Development for review.
2151The Office of Program Policy Analysis and Government
2152Accountability; the Office of Tourism, Trade, and Economic
2153Development; and the Auditor General have the authority to
2154require and receive from the corporation or from its independent
2155auditor any detail or supplemental data relative to the
2156operation of the corporation. The Office of Tourism, Trade, and
2157Economic Development shall annually certify whether the
2158corporation is operating in a manner and achieving the
2159objectives that are consistent with the policies and goals of
2160the commission and its long-range marketing plan. The identity
2161of a donor or prospective donor to the corporation who desires
2162to remain anonymous and all information identifying such donor
2163or prospective donor are confidential and exempt from the
2164provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2165Constitution. Such anonymity shall be maintained in the
2166auditor's report.
2167     Section 69.  Paragraph (e) of subsection (8) of section
2168288.1229, Florida Statutes, is amended to read:
2169     288.1229  Promotion and development of sports-related
2170industries and amateur athletics; direct-support organization;
2171powers and duties.--
2172     (8)  To promote amateur sports and physical fitness, the
2173direct-support organization shall:
2174     (e)  Promote Florida as a host for national and
2175international amateur athletic competitions. As part of this
2176effort, the direct-support organization shall:
2177     1.  Assist and support Florida cities or communities
2178bidding or seeking to host the Summer Olympics or Pan American
2179Games.
2180     2.  Annually report to the Governor, the President of the
2181Senate, and the Speaker of the House of Representatives on the
2182status of the efforts of cities or communities bidding to host
2183the Summer Olympics or Pan American Games, including, but not
2184limited to, current financial and infrastructure status,
2185projected financial and infrastructure needs, and
2186recommendations for satisfying the unmet needs and fulfilling
2187the requirements for a successful bid in any year that the
2188Summer Olympics or Pan American Games are held in this state.
2189     Section 70.  Subsection (4) of section 288.7015, Florida
2190Statutes, is amended to read:
2191     288.7015  Appointment of rules ombudsman; duties.--The
2192Governor shall appoint a rules ombudsman, as defined in s.
2193288.703, in the Executive Office of the Governor, for
2194considering the impact of agency rules on the state's citizens
2195and businesses. In carrying out duties as provided by law, the
2196ombudsman shall consult with Enterprise Florida, Inc., at which
2197point the office may recommend to improve the regulatory
2198environment of this state. The duties of the rules ombudsman are
2199to:
2200     (4)(a)  By December 1, 1997, and annually thereafter,
2201submit a report to the Legislature identifying and describing
2202the extent to which rules of state agencies adversely impact
2203trade promotion, economic growth and diversification in Florida,
2204business profitability and viability, and, in particular, the
2205startup of new businesses. The report must specifically identify
2206and describe those agency rules repealed or modified during each
2207calendar year in order to improve the regulatory climate for
2208businesses operating in this state. The report must also
2209identify those proposed rules for review and possible repeal or
2210modification in the next calendar year.
2211     (b)  The report must also specifically identify and
2212describe the use and impact of state economic development
2213incentives on minority-owned businesses. The report must detail
2214how many minority-owned businesses received state economic
2215development incentives administered by the Office of Tourism,
2216Trade, and Economic Development, including private activity
2217bonds, and the JOBs benefit.
2218     Section 71.  Section 288.7771, Florida Statutes, is amended
2219to read:
2220     288.7771  Annual report of Florida Export Finance
2221Corporation.--By March 31 of each year, The corporation shall
2222annually prepare and submit to Enterprise Florida, Inc., for
2223inclusion in its annual report required under s. 288.095 the
2224Governor, the President of the Senate, the Speaker of the House
2225of Representatives, the Senate Minority Leader, and the House
2226Minority Leader a complete and detailed report setting forth:
2227     (1)  The report required in s. 288.776(3).
2228     (2)  Its assets and liabilities at the end of its most
2229recent fiscal year.
2230     Section 72.  Subsections (8), (9), (10), and (11) of
2231section 288.8175, Florida Statutes, are amended to read:
2232     288.8175  Linkage institutes between postsecondary
2233institutions in this state and foreign countries.--
2234     (8)  No later than 60 days before every regular session of
2235the Legislature, the department shall present to the Speaker of
2236the House of Representatives, the President of the Senate, and
2237the minority leaders of the House of Representatives and the
2238Senate a review of linkage institute program activity, criteria
2239for their operation, accountability standards, recommended
2240funding levels, and recommendations for establishing,
2241maintaining, or abolishing linkage institutes. The criteria
2242shall be developed in consultation with Enterprise Florida, Inc.
2243The criteria must include, but need not be limited to, the
2244purpose stated in subsection (2) and:
2245     (a)  The importance of economic, political, and social ties
2246between this state and the country or region.
2247     (b)  The potential for growth and expansion of commercial,
2248educational, and cultural links.
2249     (c)  The viability of regionally oriented, rather than
2250country-specific, linkages, based on historical or emerging
2251regional economic or political trading blocs.
2252     (9)  A linkage institute may not be created or funded
2253except upon the recommendation of the department and except by
2254amendment to this section.
2255
2256     (10)  The department shall review and make linkage-
2257institute budget requests to the Governor and the Legislature.
2258State appropriations for institutes created under this section
2259must be made by a single lump-sum line item to the department,
2260which must apportion the funds among the various institutes in
2261accordance with criteria established by the department.
2262     (11)  Linkage institutes may also accept and administer
2263moneys provided by the department for research and development
2264of international trade. The department shall, by March 1, report
2265to the Governor, the President of the Senate, and the Speaker of
2266the House of Representatives in each year in which the
2267department has provided moneys for a linkage institute. The
2268report must detail the purpose of the expenditure by the
2269department and the use of the moneys by the linkage institutes
2270and must include a copy of the research documents or related
2271materials produced, if any.
2272     Section 73.  Subsection (5) of section 288.853, Florida
2273Statutes, is amended to read:
2274     288.853  International sanctions against Castro
2275government.--
2276     (5)  Furthermore, contingent upon annual appropriation, to
2277the extent covered by the report submitted by the President
2278according to s. 108 of the Cuban Liberty and Democratic
2279Solidarity Act of 1996, and until such time as the President
2280submits a determination under s. 203(c)(1) of the Cuban Liberty
2281and Democratic Solidarity Act of 1996, the Governor shall submit
2282an annual report to the President of the Senate and the Speaker
2283of the House of Representatives on assistance to and commerce
2284with Cuba by citizens and legal residents of Florida. Each
2285report shall contain:
2286     (a)  Identification of Cuba's trading partners and the
2287extent of such trade.
2288     (b)  A description of joint ventures completed or under
2289consideration by foreign nationals and business firms located in
2290or doing business in Florida involving facilities in Cuba.
2291     (c)  A determination as to whether any facilities are
2292claimed by a citizen of Florida.
2293     (d)  Steps taken to assure that raw materials and
2294semifinished or finished goods produced by facilities in Cuba
2295involving Cuban and/or foreign nationals or businesses are not
2296entering the Florida market.
2297     Section 74.  Subsection (5) of section 288.95155, Florida
2298Statutes, is amended to read:
2299     288.95155  Florida Small Business Technology Growth
2300Program.--
2301     (5)  By January 1 of each year, Enterprise Florida, Inc.,
2302shall prepare and include a report on the financial status of
2303the program in its annual report required under s. 288.095 and
2304the account and shall submit a copy of the report to the board
2305of directors of Enterprise Florida, Inc., the appropriate
2306legislative committees responsible for economic development
2307oversight, and the appropriate legislative appropriations
2308subcommittees. The report shall specify the assets and
2309liabilities of the account within the current fiscal year and
2310shall include a portfolio update that lists all of the
2311businesses assisted, the private dollars leveraged by each
2312business assisted, and the growth in sales and in employment of
2313each business assisted.
2314     Section 75.  Paragraph (c) of subsection (4) of section
2315288.9604, Florida Statutes, is amended to read:
2316     288.9604  Creation of the authority.--
2317     (4)
2318     (c)  The directors of the corporation shall annually elect
2319one of their members as chair and one as vice chair. The
2320corporation may employ a president, technical experts, and such
2321other agents and employees, permanent and temporary, as it
2322requires and determine their qualifications, duties, and
2323compensation. For such legal services as it requires, the
2324corporation may employ or retain its own counsel and legal
2325staff. The corporation shall file with the governing body of
2326each public agency with which it has entered into an interlocal
2327agreement and with the Governor, the Speaker of the House of
2328Representatives, the President of the Senate, the Minority
2329Leaders of the Senate and House of Representatives, and the
2330Auditor General, on or before 90 days after the close of the
2331fiscal year of the corporation, a report of its activities for
2332the preceding fiscal year, which report shall include a complete
2333financial statement setting forth its assets, liabilities,
2334income, and operating expenses as of the end of such fiscal
2335year.
2336     Section 76.  Section 288.9610, Florida Statutes, is amended
2337to read:
2338     288.9610  Annual reports of Florida Development Finance
2339Corporation.--On or before 90 days after the close of By
2340December 1 of each year, the Florida Development Finance
2341Corporation's fiscal year, the corporation shall submit to the
2342Governor, the Legislature President of the Senate, the Speaker
2343of the House of Representatives, the Senate Minority Leader, the
2344House Minority Leader, the Auditor General, and the governing
2345body of each public entity with which it has entered into an
2346interlocal agreement city or county activating the Florida
2347Development Finance Corporation a complete and detailed report
2348setting forth:
2349     (1)  The results of any audit conducted pursuant to s.
235011.45 The evaluation required in s. 11.45(3)(j).
2351     (2)  The activities, operations, and accomplishments of the
2352Florida Development Finance Corporation, including the number of
2353businesses assisted by the corporation.
2354     (3)  Its assets, and liabilities, income, and operating
2355expenses at the end of its most recent fiscal year, including a
2356description of all of its outstanding revenue bonds.
2357     Section 77.  Subsection (3) of section 292.04, Florida
2358Statutes, is amended to read:
2359     292.04  Florida Commission on Veterans' Affairs.--
2360     (3)(a)  It is the duty of the commission to conduct a
2361biennial survey of possible contributions that veterans or state
2362organizations of veterans and their auxiliaries could make to
2363the state and to report the results of the survey to the
2364department together with recommendations for encouraging such
2365contributions.
2366     (b)  The commission shall work with the various veterans'
2367organizations and their auxiliaries within the state and shall
2368function as a liaison between such organizations and the
2369department on matters pertaining to veterans.
2370     Section 78.  Subsection (6) of section 292.05, Florida
2371Statutes, is amended to read:
2372     292.05  Duties of Department of Veterans' Affairs.--
2373     (6)  The department shall, by on December 31 of each year,
2374submit make an annual written report to the Governor, the
2375Cabinet, and the Legislature that shall describe: of the state,
2376the Speaker of the House of Representatives, and the President
2377of the Senate, which report shall show
2378     (a)  The expenses incurred in veteran service work in the
2379state; the number, nature, and kind of cases handled by the
2380department and by county and city veteran service officers of
2381the state; the amounts of benefits obtained for veterans; the
2382names and addresses of all certified veteran service officers,
2383including county and city veteran service officers. The report
2384shall also describe the actions taken by the department in
2385implementing subsections (4), (5), and (7) and shall contain
2386such other information and recommendations as may appear to the
2387department to be right and proper.
2388     (b)  The current status of the department's domiciliary and
2389nursing homes established pursuant to chapter 296, including all
2390receipts and expenditures, the condition of the homes, the
2391number of residents received and discharged during the preceding
2392year, occupancy rates, staffing, and any other information
2393necessary to providing an understanding of the management,
2394conduct, and operation of the homes.
2395     Section 79.  Section 296.16, Florida Statutes, is repealed.
2396     Section 80.  Section 296.39, Florida Statutes, is repealed.
2397     Section 81.  Paragraph (c) of subsection (12) of section
2398315.03, Florida Statutes, is amended to read:
2399     315.03  Grant of powers.--Each unit is hereby authorized
2400and empowered:
2401     (12)
2402     (c)  The Legislature shall review the loan program
2403established pursuant to this subsection during the 2004 Regular
2404Session of the Legislature.
2405     Section 82.  Subsection (2) of section 319.324, Florida
2406Statutes, is amended to read:
2407     319.324  Odometer fraud prevention and detection;
2408funding.--
2409     (2)  Moneys deposited into the Highway Safety Operating
2410Trust Fund under this section shall be used to implement and
2411maintain efforts by the department to prevent and detect
2412odometer fraud, including the prompt investigation of alleged
2413instances of odometer mileage discrepancies reported by licensed
2414motor vehicle dealers, auctions, or purchasers of motor
2415vehicles. Such moneys shall also be used to fund an annual
2416report to the Legislature by the Department of Highway Safety
2417and Motor Vehicles, summarizing the department's investigations
2418and findings. In addition, moneys deposited into the fund may be
2419used by the department for general operations.
2420     Section 83.  Section 322.181, Florida Statutes, is amended
2421to read:
2422     322.181  Advisory council on the Study of effects of aging
2423on driving ability; advisory council.--
2424     (1)  The Department of Highway Safety and Motor Vehicles
2425shall study the effects of aging on driving ability. The purpose
2426of the study is to develop a comprehensive approach to licensing
2427drivers.
2428     (2)  Issues to be studied by the department shall include
2429the:
2430     (a)  Effective and efficient identification of drivers at
2431risk of being involved in a motor vehicle accident because of
2432functional limitations that affect their driving ability;
2433     (b)  Prevalence and effect of degenerative processes
2434affecting vision, hearing, mobility, cognitive functions, and
2435reaction time;
2436     (c)  Implementation and effect of the department's vision
2437screening requirements and examination of new technologies;
2438     (d)  Availability and effectiveness of remedial measures
2439such as skills training, adaptive equipment, physical therapy,
2440and adjustment of driving practices that will allow people to
2441drive safely for as long as possible;
2442     (e)  Availability of alternative forms of transportation
2443for people who can no longer safely drive; and
2444     (f)  Effectiveness of existing public education initiatives
2445relating to at-risk drivers.
2446     (3)  The department shall report the results of the study
2447to the President of the Senate and the Speaker of the House of
2448Representatives by February 1, 2004. The report shall include
2449findings of the study and recommendations for improving the
2450safety of at-risk drivers.
2451     (4)  The department shall appoint an advisory council to
2452participate in the study and to advise the department on issues
2453related to older at-risk drivers on an ongoing basis. The
2454council shall be known as the Florida At-Risk Driver Council.
2455Members of the council shall include representatives of
2456organizations involved with issues facing older drivers
2457including state agencies, medical professionals, senior citizen
2458advocacy groups, providers of services to senior citizens, and
2459research entities.
2460     Section 84.  Paragraph (c) of subsection (7) of section
2461322.251, Florida Statutes, is amended to read:
2462     322.251  Notice of cancellation, suspension, revocation, or
2463disqualification of license.--
2464     (7)
2465     (c)  The Department of Highway Safety and Motor Vehicles
2466and the Department of Law Enforcement shall develop and
2467implement a plan to ensure the identification of any person who
2468is the subject of an outstanding warrant or capias for passing
2469worthless bank checks and to ensure the identification of the
2470person's driver's license record.
2471     Section 85.  Subsections (4) and (11) of section 365.171,
2472Florida Statutes, are amended to read:
2473     365.171  Emergency telephone number "911."--
2474     (4)  STATE PLAN.--The office shall develop a statewide
2475emergency telephone number "911" system plan. The plan shall
2476provide for:
2477     (a)  The establishment of the public agency emergency
2478telephone communications requirements for each entity of local
2479government in the state.
2480     (b)  A system to meet specific local government
2481requirements. Such system shall include law enforcement,
2482firefighting, and emergency medical services and may include
2483other emergency services such as poison control, suicide
2484prevention, and emergency management services.
2485     (c)  Identification of the mutual aid agreements necessary
2486to obtain an effective "911" system.
2487     (d)  A funding provision which shall identify the cost
2488necessary to implement the "911" system.
2489     (e)  A firm implementation schedule which shall include the
2490installation of the "911" system in a local community within 24
2491months after the designated agency of the local government gives
2492a firm order to the telephone utility for a "911" system.
2493
2494The office shall be responsible for the implementation and
2495coordination of the such plan and. The office shall adopt any
2496necessary rules and schedules related to public agencies for the
2497purpose of implementing and coordinating the such plan, pursuant
2498to chapter 120. The public agency designated in the plan shall
2499order such system within 6 months after publication date of the
2500plan if the public agency is in receipt of funds appropriated by
2501the Legislature for the implementation and maintenance of the
2502"911" system. Any jurisdiction which has utilized local funding
2503as of July 1, 1976, to begin the implementation of the state
2504plan as set forth in this section shall be eligible for at least
2505a partial reimbursement of its direct cost when, and if, state
2506funds are available for such reimbursement.
2507     (11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
2508telephone number established by any local government or state
2509agency prior to July 1, 1974, using a number other than "911"
2510shall be changed to "911" on the same implementation schedule
2511provided in paragraph (4)(e).
2512     Section 86.  Paragraph (d) of subsection (6) of section
2513365.172, Florida Statutes, is amended to read:
2514     365.172  Wireless emergency telephone number "E911."--
2515     (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
2516     (d)  By February 28, 2001, the board shall undertake and
2517complete a study for submission by the office to the Governor,
2518the President of the Senate, and the Speaker of the House of
2519Representatives which addresses:
2520     1.  The total amount of E911 fee revenues collected by each
2521provider, the total amount of expenses incurred by each provider
2522to comply with the order, and the amount of moneys on deposit in
2523the fund, all as of December 1, 2000.
2524     2.  Whether the amount of the E911 fee and the allocation
2525percentages set forth in s. 365.173 should be adjusted to comply
2526with the requirements of the order, and, if so, a recommended
2527adjustment to the E911 fee.
2528     3.  Any other issues related to providing wireless E911
2529services.
2530     Section 87.  Paragraph (a) of subsection (2) of section
2531365.173, Florida Statutes, is amended to read:
2532     365.173  Wireless Emergency Telephone System Fund.--
2533     (2)  Subject to any modifications approved by the board
2534pursuant to s. 365.172(8)(c), the moneys in the fund shall be
2535distributed and used only as follows:
2536     (a)  Forty-four percent of the moneys shall be distributed
2537each month to counties, based on the total number of wireless
2538subscriber billing addresses in each county, for payment of:
2539     1.  Recurring costs of providing 911 or E911 service, as
2540provided by s. 365.171(12)(13)(a)6.
2541     2.  Costs to comply with the requirements for E911 service
2542contained in the order and any future rules related to the
2543order.
2544
2545A county may carry forward, for up to 3 successive calendar
2546years, up to 30 percent of the total funds disbursed to the
2547county by the board during a calendar year for expenditures for
2548capital outlay, capital improvements, or equipment replacement,
2549if such expenditures are made for the purposes specified in this
2550paragraph.
2551
2552The Legislature recognizes that the wireless E911 fee authorized
2553under s. 365.172 will not necessarily provide the total funding
2554required for establishing or providing the 911 service. It is
2555the intent of the Legislature that all revenue from the fee be
2556used as specified in s. 365.171(13)(a)6.
2557     Section 88.  Subsection (4) of section 366.82, Florida
2558Statutes, is amended to read:
2559     366.82  Definition; goals; plans; programs; annual reports;
2560energy audits.--
2561     (4)  The commission shall require periodic reports from
2562each utility and shall provide the Legislature and the Governor
2563with an annual report by March 1 of the goals it has adopted and
2564its progress toward meeting those goals. The commission shall
2565also consider the performance of each utility pursuant to ss.
2566366.80-366.85 and 403.519 when establishing rates for those
2567utilities over which the commission has ratesetting authority.
2568     Section 89.  Subsections (5) and (7) of section 369.22,
2569Florida Statutes, are amended to read:
2570     369.22  Nonindigenous aquatic plant control.--
2571     (5)  When state funds are involved, or when waters of state
2572responsibility are involved, it is the duty of the department to
2573guide, review, approve, and coordinate the activities of all
2574public bodies, authorities, state agencies, units of local or
2575county government, commissions, districts, and special districts
2576engaged in operations to maintain, control, or eradicate
2577nonindigenous aquatic plants, except for activities involving
2578biological control programs using fish as the control agent. The
2579department may delegate all or part of such functions to any
2580appropriate state agency, special district, unit of local or
2581county government, commission, authority, or other public body.
2582However, special attention shall be given to the keeping of
2583accounting and cost data in order to prepare the annual fiscal
2584report required in subsection (7).
2585     (7)  The department shall prepare submit an annual report
2586on the status of the nonindigenous aquatic plant maintenance
2587program that shall be published on the department's Internet
2588website to the President of the Senate, the Speaker of the House
2589of Representatives, and the Governor and Cabinet by January 1 of
2590the following year. This report shall include a statement of the
2591degree of maintenance control achieved by individual
2592nonindigenous aquatic plant species in the intercounty waters of
2593each of the water management districts for the preceding county
2594fiscal year, together with an analysis of the costs of achieving
2595this degree of control. This cost accounting shall include the
2596expenditures by all governmental agencies in the waters of state
2597responsibility. If the level of maintenance control achieved
2598falls short of that which is deemed adequate by the department,
2599then the report shall include an estimate of the additional
2600funding that would have been required to achieve this level of
2601maintenance control. All measures of maintenance program
2602achievement and the related cost shall be presented by water
2603management districts so that comparisons may be made among the
2604water management districts, as well as with the state as a
2605whole.
2606     Section 90.  Subsection (8) of section 370.26, Florida
2607Statutes, is amended to read:
2608     370.26  Aquaculture definitions; marine aquaculture
2609products, producers, and facilities.--
2610     (8)  The Fish and Wildlife Conservation Commission shall
2611provide assistance to the Department of Agriculture and Consumer
2612Services in the development of an aquaculture plan for the
2613state.
2614     Section 91.  Subsection (2) of section 372.5712, Florida
2615Statutes, is amended to read:
2616     372.5712  Florida waterfowl permit revenues.--
2617     (2)  The intent of this section is to expand waterfowl
2618research and management and increase waterfowl populations in
2619the state without detracting from other programs. The commission
2620shall prepare and make available on its Internet website an
2621annual report documenting the use of funds generated under the
2622provisions of this section, to be submitted to the Governor, the
2623Speaker of the House of Representatives, and the President of
2624the Senate on or before September 1 of each year.
2625     Section 92.  Subsection (2) of section 372.5715, Florida
2626Statutes, is amended to read:
2627     372.5715  Florida wild turkey permit revenues.--
2628     (2)  The intent of this section is to expand wild turkey
2629research and management and to increase wild turkey populations
2630in the state without detracting from other programs. The
2631commission shall prepare and make available on its Internet
2632website an annual report documenting the use of funds generated
2633under the provisions of this section, to be submitted to the
2634Governor, the Speaker of the House of Representatives, and the
2635President of the Senate on or before September 1 of each year.
2636     Section 93.  Section 372.673, Florida Statutes, is
2637repealed.
2638     Section 94.  Section 372.674, Florida Statutes, is
2639repealed.
2640     Section 95.  Paragraph (d) of subsection (2) of section
2641372.672, Florida Statutes, is amended to read:
2642     372.672  Florida Panther Research and Management Trust
2643Fund.--
2644     (2)  Money from the fund shall be spent only for the
2645following purposes:
2646     (d)  To fund and administer education programs authorized
2647in s. 372.674.
2648     Section 96.  Section 373.0391, Florida Statutes, is amended
2649to read:
2650     373.0391  Technical Assistance to local governments.--
2651     (1)  The water management districts shall assist local
2652governments in the development and future revision of local
2653government comprehensive plan elements or public facilities
2654report as required by s. 189.415, related to water resource
2655issues.
2656     (2)  By July 1, 1991, each water management district shall
2657prepare and provide information and data to assist local
2658governments in the preparation and implementation of their local
2659government comprehensive plans or public facilities report as
2660required by s. 189.415, whichever is applicable. Such
2661information and data shall include, but not be limited to:
2662     (a)  All information and data required in a public
2663facilities report pursuant to s. 189.415.
2664     (b)  A description of regulations, programs, and schedules
2665implemented by the district.
2666     (c)  Identification of regulations, programs, and schedules
2667undertaken or proposed by the district to further the State
2668Comprehensive Plan.
2669     (d)  A description of surface water basins, including
2670regulatory jurisdictions, flood-prone areas, existing and
2671projected water quality in water management district operated
2672facilities, as well as surface water runoff characteristics and
2673topography regarding flood plains, wetlands, and recharge areas.
2674     (e)  A description of groundwater characteristics,
2675including existing and planned wellfield sites, existing and
2676anticipated cones of influence, highly productive groundwater
2677areas, aquifer recharge areas, deep well injection zones,
2678contaminated areas, an assessment of regional water resource
2679needs and sources for the next 20 years, and water quality.
2680     (f)  The identification of existing and potential water
2681management district land acquisitions.
2682     (g)  Information reflecting the minimum flows for surface
2683watercourses to avoid harm to water resources or the ecosystem
2684and information reflecting the minimum water levels for aquifers
2685to avoid harm to water resources or the ecosystem.
2686     Section 97.  Subsection (4) of section 373.046, Florida
2687Statutes, is amended to read:
2688     373.046  Interagency agreements.--
2689     (4)  The Legislature recognizes and affirms the division of
2690responsibilities between the department and the water management
2691districts as set forth in ss. III. and X. of each of the
2692operating agreements codified as rules 17-101.040(12)(a)3., 4.,
2693and 5., Florida Administrative Code. Section IV.A.2.a. of each
2694operating agreement regarding individual permit oversight is
2695rescinded. The department shall be responsible for permitting
2696those activities under part IV of this chapter which, because of
2697their complexity and magnitude, need to be economically and
2698efficiently evaluated at the state level, including, but not
2699limited to, mining, hazardous waste management facilities and
2700solid waste management facilities that do not qualify for a
2701general permit under chapter 403. With regard to
2702postcertification information submittals for activities
2703authorized under chapters 341 and 403 siting act certifications,
2704the department, after consultation with the appropriate water
2705management district and other agencies having applicable
2706regulatory jurisdiction, shall be responsible for determining
2707the permittee's compliance with conditions of certification
2708which were based upon the nonprocedural requirements of part IV
2709of this chapter. The Legislature authorizes the water management
2710districts and the department to modify the division of
2711responsibilities referenced in this section and enter into
2712further interagency agreements by rulemaking, including
2713incorporation by reference, pursuant to chapter 120, to provide
2714for greater efficiency and to avoid duplication in the
2715administration of part IV of this chapter by designating certain
2716activities which will be regulated by either the water
2717management districts or the department. In developing such
2718interagency agreements, the water management districts and the
2719department should take into consideration the technical and
2720fiscal ability of each water management district to implement
2721all or some of the provisions of part IV of this chapter.
2722Nothing herein rescinds or restricts the authority of the
2723districts to regulate silviculture and agriculture pursuant to
2724part IV of this chapter or s. 403.927. By December 10, 1993, the
2725secretary of the department shall submit a report to the
2726President of the Senate and the Speaker of the House of
2727Representatives regarding the efficiency of the procedures and
2728the division of responsibilities contemplated by this subsection
2729and regarding progress toward the execution of further
2730interagency agreements and the integration of permitting with
2731sovereignty lands approval. The report also will consider the
2732feasibility of improving the protection of the environment
2733through comprehensive criteria for protection of natural
2734systems.
2735     Section 98.  Paragraph (f) of subsection (1) of section
2736373.1963, Florida Statutes, is amended to read:
2737     373.1963  Assistance to West Coast Regional Water Supply
2738Authority.--
2739     (1)  It is the intent of the Legislature to authorize the
2740implementation of changes in governance recommended by the West
2741Coast Regional Water Supply Authority in its reports to the
2742Legislature dated February 1, 1997, and January 5, 1998. The
2743authority and its member governments may reconstitute the
2744authority's governance and rename the authority under a
2745voluntary interlocal agreement with a term of not less than 20
2746years. The interlocal agreement must comply with this subsection
2747as follows:
2748     (f)  Upon execution of the voluntary interlocal agreement
2749provided for herein, the authority shall jointly develop with
2750the Southwest Florida Water Management District alternative
2751sources of potable water and transmission pipelines to
2752interconnect regionally significant water supply sources and
2753facilities of the authority in amounts sufficient to meet the
2754needs of all member governments for a period of at least 20
2755years and for natural systems. Nothing herein, however, shall
2756preclude the authority and its member governments from
2757developing traditional water sources pursuant to the voluntary
2758interlocal agreement. Development and construction costs for
2759alternative source facilities, which may include a desalination
2760facility and significant regional interconnects, must be borne
2761as mutually agreed to by both the authority and the Southwest
2762Florida Water Management District. Nothing herein shall preclude
2763authority or district cost sharing with private entities for the
2764construction or ownership of alternative source facilities. By
2765December 31, 1997, the authority and the Southwest Florida Water
2766Management District shall:
2767     1.  Enter into a mutually acceptable agreement detailing
2768the development and implementation of directives contained in
2769this paragraph; or
2770     2.  Jointly prepare and submit to the President of the
2771Senate and the Speaker of the House of Representatives a report
2772describing the progress made and impediments encountered in
2773their attempts to implement the water resource development and
2774water supply development directives contained in this paragraph.
2775
2776Nothing in this section shall be construed to modify the rights
2777or responsibilities of the authority or its member governments,
2778except as otherwise provided herein, or of the Southwest Florida
2779Water Management District or the department pursuant to this
2780chapter or chapter 403 and as otherwise set forth by statutes.
2781     Section 99.  Subsection (14) of section 376.121, Florida
2782Statutes, is amended to read:
2783     376.121  Liability for damage to natural resources.--The
2784Legislature finds that extensive damage to the state's natural
2785resources is the likely result of a pollutant discharge and that
2786it is essential that the state adequately assess and recover the
2787cost of such damage from responsible parties. It is the state's
2788goal to recover the costs of restoration from the responsible
2789parties and to restore damaged natural resources to their
2790predischarge condition. In many instances, however, restoration
2791is not technically feasible. In such instances, the state has
2792the responsibility to its citizens to recover the cost of all
2793damage to natural resources. To ensure that the public does not
2794bear a substantial loss as a result of the destruction of
2795natural resources, the procedures set out in this section shall
2796be used to assess the cost of damage to such resources. Natural
2797resources include coastal waters, wetlands, estuaries, tidal
2798flats, beaches, lands adjoining the seacoasts of the state, and
2799all living things except human beings. The Legislature
2800recognizes the difficulty historically encountered in
2801calculating the value of damaged natural resources. The value of
2802certain qualities of the state's natural resources is not
2803readily quantifiable, yet the resources and their qualities have
2804an intrinsic value to the residents of the state, and any damage
2805to natural resources and their qualities should not be dismissed
2806as nonrecoverable merely because of the difficulty in
2807quantifying their value. In order to avoid unnecessary
2808speculation and expenditure of limited resources to determine
2809these values, the Legislature hereby establishes a schedule for
2810compensation for damage to the state's natural resources and the
2811quality of said resources.
2812     (14)  The department must review the amount of compensation
2813assessed pursuant to the damage assessment formula established
2814in this section and report its findings to the 1995 Legislature.
2815Thereafter, the department must conduct such a review and report
2816its findings to the Legislature biennially.
2817     Section 100.  Section 376.17, Florida Statutes, is
2818repealed.
2819     Section 101.  Subsection (5) of section 376.30713, Florida
2820Statutes, is amended to read:
2821     376.30713  Preapproved advanced cleanup.--
2822     (5)  By December 31, 1998, the department shall submit a
2823report to the Governor, the President of the Senate, and the
2824Speaker of the House of Representatives on the progress and
2825level of activity under the provisions of this section. The
2826report shall include the following information:
2827     (a)  A list of sites under a preapproved advanced cleanup
2828contract, to be identified by the facility number.
2829     (b)  The total number of preapproved advanced cleanup
2830applications submitted to the department.
2831     (c)  The priority ranking scores of each participating
2832site.
2833     (d)  The total amount of contract work authorized and
2834conducted for each site and the percentage and amount of cost
2835share.
2836     (e)  The total revenues received under the provisions of
2837this section.
2838     (f)  The annual costs of administering the provisions of
2839this section.
2840     (g)  The recommended annual budget for the provisions of
2841this section.
2842     Section 102.  Paragraph (f) of subsection (3) of section
2843377.703, Florida Statutes, is amended to read:
2844     377.703  Additional functions of the Department of
2845Environmental Protection; energy emergency contingency plan;
2846federal and state conservation programs.--
2847     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
2848Department of Environmental Protection shall, in addition to
2849assuming the duties and responsibilities provided by ss. 20.255
2850and 377.701, perform the following functions consistent with the
2851development of a state energy policy:
2852     (f)  The department shall make a report, as requested by
2853the Governor or the Legislature, reflecting its activities and
2854making recommendations of policies for improvement of the
2855state's response to energy supply and demand and its effect on
2856the health, safety, and welfare of the people of Florida. The
2857report shall include a report from the Florida Public Service
2858Commission on electricity and natural gas and information on
2859energy conservation programs conducted and under way in the past
2860year and shall include recommendations for energy conservation
2861programs for the state, including, but not limited to, the
2862following factors:
2863     1.  Formulation of specific recommendations for improvement
2864in the efficiency of energy utilization in governmental,
2865residential, commercial, industrial, and transportation sectors.
2866     2.  Collection and dissemination of information relating to
2867energy conservation.
2868     3.  Development and conduct of educational and training
2869programs relating to energy conservation.
2870     4.  An analysis of the ways in which state agencies are
2871seeking to implement s. 377.601(4), the state energy policy, and
2872recommendations for better fulfilling this policy.
2873     Section 103.  Paragraph (a) of subsection (2) of section
2874380.06, Florida Statutes, is amended to read:
2875     380.06  Developments of regional impact.--
2876     (2)  STATEWIDE GUIDELINES AND STANDARDS.--
2877     (a)  The state land planning agency shall recommend to the
2878Administration Commission specific statewide guidelines and
2879standards for adoption pursuant to this subsection. The
2880Administration Commission shall by rule adopt statewide
2881guidelines and standards to be used in determining whether
2882particular developments shall undergo development-of-regional-
2883impact review. The statewide guidelines and standards previously
2884adopted by the Administration Commission and approved by the
2885Legislature shall remain in effect unless revised pursuant to
2886this section or superseded by other provisions of law. Revisions
2887to the present statewide guidelines and standards, after
2888adoption by the Administration Commission, shall be transmitted
2889on or before March 1 to the President of the Senate and the
2890Speaker of the House of Representatives for presentation at the
2891next regular session of the Legislature. Unless approved by law
2892by the Legislature, the revisions to the present guidelines and
2893standards shall not become effective.
2894     Section 104.  Subsection (3) of section 380.0677, Florida
2895Statutes, is amended to read:
2896     380.0677  Green Swamp Land Authority.--
2897     (3)  POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED
2898ACQUISITIONS.--The Green Swamp Land Authority shall have all the
2899powers pursuant to s. 380.0666, except that it may not issue
2900bonds and must annually submit its budget to the Governor and
2901the Legislature for review. In addition, the authority must
2902annually submit a list of proposed acquisitions to the Governor
2903for review and approval. The Governor may remove proposed
2904acquisitions from the list, with cause, if the Governor
2905determines such acquisitions would not further the mission of
2906the authority. By September 5 of the fiscal year in which the
2907authority's budget is submitted, the chairpersons of the
2908appropriations committees of the Senate and the House of
2909Representatives may transmit to the Governor and the authority
2910comments on and objections to the proposed budget. The Governor
2911shall respond in writing to the comments and objections.
2912     Section 105.  Paragraph (b) of subsection (11) of section
2913259.041, Florida Statutes, is amended to read:
2914     259.041  Acquisition of state-owned lands for preservation,
2915conservation, and recreation purposes.--
2916     (11)
2917     (b)  All project applications shall identify, within their
2918acquisition plans, those projects which require a full fee
2919simple interest to achieve the public policy goals, together
2920with the reasons full title is determined to be necessary. The
2921state agencies and the water management districts may use
2922alternatives to fee simple acquisition to bring the remaining
2923projects in their acquisition plans under public protection. For
2924the purposes of this subsection, the term "alternatives to fee
2925simple acquisition" includes, but is not limited to: purchase of
2926development rights; obtaining conservation easements; obtaining
2927flowage easements; purchase of timber rights, mineral rights, or
2928hunting rights; purchase of agricultural interests or
2929silvicultural interests; entering into land protection
2930agreements as defined in s. 380.0677(3)(4); fee simple
2931acquisitions with reservations; creating life estates; or any
2932other acquisition technique which achieves the public policy
2933goals listed in paragraph (a). It is presumed that a private
2934landowner retains the full range of uses for all the rights or
2935interests in the landowner's land which are not specifically
2936acquired by the public agency. The lands upon which hunting
2937rights are specifically acquired pursuant to this paragraph
2938shall be available for hunting in accordance with the management
2939plan or hunting regulations adopted by the Florida Fish and
2940Wildlife Conservation Commission, unless the hunting rights are
2941purchased specifically to protect activities on adjacent lands.
2942     Section 106.  Paragraph (c) of subsection (3) of section
2943259.101, Florida Statutes, is amended to read:
2944     259.101  Florida Preservation 2000 Act.--
2945     (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
2946costs of issuance, the costs of funding reserve accounts, and
2947other costs with respect to the bonds, the proceeds of bonds
2948issued pursuant to this act shall be deposited into the Florida
2949Preservation 2000 Trust Fund created by s. 375.045. In fiscal
2950year 2000-2001, for each Florida Preservation 2000 program
2951described in paragraphs (a)-(g), that portion of each program's
2952total remaining cash balance which, as of June 30, 2000, is in
2953excess of that program's total remaining appropriation balances
2954shall be redistributed by the department and deposited into the
2955Save Our Everglades Trust Fund for land acquisition. For
2956purposes of calculating the total remaining cash balances for
2957this redistribution, the Florida Preservation 2000 Series 2000
2958bond proceeds, including interest thereon, and the fiscal year
29591999-2000 General Appropriations Act amounts shall be deducted
2960from the remaining cash and appropriation balances,
2961respectively. The remaining proceeds shall be distributed by the
2962Department of Environmental Protection in the following manner:
2963     (c)  Ten percent to the Department of Community Affairs to
2964provide land acquisition grants and loans to local governments
2965through the Florida Communities Trust pursuant to part III of
2966chapter 380. From funds allocated to the trust, $3 million
2967annually shall be used by the Division of State Lands within the
2968Department of Environmental Protection to implement the Green
2969Swamp Land Protection Initiative specifically for the purchase
2970of conservation easements, as defined in s. 380.0677(3)(4), of
2971lands, or severable interests or rights in lands, in the Green
2972Swamp Area of Critical State Concern. From funds allocated to
2973the trust, $3 million annually shall be used by the Monroe
2974County Comprehensive Plan Land Authority specifically for the
2975purchase of any real property interest in either those lands
2976subject to the Rate of Growth Ordinances adopted by local
2977governments in Monroe County or those lands within the boundary
2978of an approved Conservation and Recreation Lands project located
2979within the Florida Keys or Key West Areas of Critical State
2980Concern; however, title to lands acquired within the boundary of
2981an approved Conservation and Recreation Lands project may, in
2982accordance with an approved joint acquisition agreement, vest in
2983the Board of Trustees of the Internal Improvement Trust Fund. Of
2984the remaining funds allocated to the trust after the above
2985transfers occur, one-half shall be matched by local governments
2986on a dollar-for-dollar basis. To the extent allowed by federal
2987requirements for the use of bond proceeds, the trust shall
2988expend Preservation 2000 funds to carry out the purposes of part
2989III of chapter 380.
2990
2991Local governments may use federal grants or loans, private
2992donations, or environmental mitigation funds, including
2993environmental mitigation funds required pursuant to s. 338.250,
2994for any part or all of any local match required for the purposes
2995described in this subsection. Bond proceeds allocated pursuant
2996to paragraph (c) may be used to purchase lands on the priority
2997lists developed pursuant to s. 259.035. Title to lands purchased
2998pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
2999vested in the Board of Trustees of the Internal Improvement
3000Trust Fund. Title to lands purchased pursuant to paragraph (c)
3001may be vested in the Board of Trustees of the Internal
3002Improvement Trust Fund. The board of trustees shall hold title
3003to land protection agreements and conservation easements that
3004were or will be acquired pursuant to s. 380.0677, and the
3005Southwest Florida Water Management District and the St. Johns
3006River Water Management District shall monitor such agreements
3007and easements within their respective districts until the state
3008assumes this responsibility.
3009     Section 107.  Subsection (3) of section 381.0011, Florida
3010Statutes, is amended to read:
3011     381.0011  Duties and powers of the Department of
3012Health.--It is the duty of the Department of Health to:
3013     (3)  Include in the department's strategic plan developed
3014under s. 186.021 a summary of all aspects of the public health
3015mission and health status objectives to direct the use of public
3016health resources with an emphasis on prevention.
3017     Section 108.  Section 381.0036, Florida Statutes, is
3018repealed.
3019     Section 109.  Section 381.731, Florida Statutes, is
3020repealed.
3021     Section 110.  Section 381.732, Florida Statutes, is amended
3022to read:
3023     381.732  Short title; Healthy Communities, Healthy People
3024Act.--This section and ss. 381.733 and 381.734 Sections 381.731-
3025381.731-381.734 may be cited as the "Healthy Communities,
3026Healthy People Act."
3027     Section 111.  Section 381.733, Florida Statutes, is amended
3028to read:
3029     381.733  Definitions relating to Healthy Communities,
3030Healthy People Act.--As used in ss. 381.732-381.734 381.731-
3031381.731-381.734, the term:
3032     (1)  "Department" means the Department of Health.
3033     (2)  "Primary prevention" means interventions directed
3034toward healthy populations with a focus on avoiding disease
3035prior to its occurrence.
3036     (3)  "Secondary prevention" means interventions designed to
3037promote the early detection and treatment of diseases and to
3038reduce the risks experienced by at-risk populations.
3039     (4)  "Tertiary prevention" means interventions directed at
3040rehabilitating and minimizing the effects of disease in a
3041chronically ill population.
3042     Section 112.  Section 381.795, Florida Statutes, is amended
3043to read:
3044     381.795  Long-term community-based supports.--The
3045department shall, contingent upon specific appropriations for
3046these purposes, establish:
3047     (1)  Study the long-term needs for community-based supports
3048and services for individuals who have sustained traumatic brain
3049or spinal cord injuries. The purpose of this study is to prevent
3050inappropriate residential and institutional placement of these
3051individuals, and promote placement in the most cost effective
3052and least restrictive environment. Any placement recommendations
3053for these individuals shall ensure full utilization of and
3054collaboration with other state agencies, programs, and community
3055partners. This study shall be submitted to the Governor, the
3056President of the Senate, and the Speaker of the House of
3057Representatives not later than December 31, 2000.
3058     (2)  Based upon the results of this study, establish a plan
3059for the implementation of a program of long-term community-based
3060supports and services for individuals who have sustained
3061traumatic brain or spinal cord injuries who may be subject to
3062inappropriate residential and institutional placement as a
3063direct result of such injuries.
3064     (1)(a)  The program shall be payor of last resort for
3065program services, and expenditures for such services shall be
3066considered funded services for purposes of s. 381.785; however,
3067notwithstanding s. 381.79(5), proceeds resulting from this
3068section subsection shall be used solely for this program.
3069     (2)(b)  The department shall create, by rule, procedures to
3070ensure, that in the event the program is unable to directly or
3071indirectly provide such services to all eligible individuals due
3072to lack of funds, those individuals most at risk to suffer the
3073greatest harm from an imminent inappropriate residential or
3074institutional placement are served first.
3075     (3)(c)  Every applicant or recipient of the long-term
3076community-based supports and services program shall have been a
3077resident of the state for 1 year immediately preceding
3078application and be a resident of the state at the time of
3079application.
3080     (4)(d)  The department shall adopt rules pursuant to ss.
3081120.536(1) and 120.54 to implement the provision of this section
3082subsection.
3083     Section 113.  Paragraph (a) of subsection (7) of section
3084381.90, Florida Statutes, is amended to read:
3085     381.90  Health Information Systems Council; legislative
3086intent; creation, appointment, duties.--
3087     (7)  The council's duties and responsibilities include, but
3088are not limited to, the following:
3089     (a)  By June 1 of each year, to develop and approve a
3090strategic plan pursuant to the requirements set forth in s.
3091186.022.
3092     Section 114.  Section 381.931, Florida Statutes, is amended
3093to read:
3094     381.931  Annual report on Medicaid expenditures.--The
3095Department of Health and the Agency for Health Care
3096Administration shall monitor the total Medicaid expenditures for
3097services made under this act. If Medicaid expenditures are
3098projected to exceed the amount appropriated by the Legislature,
3099the Department of Health shall limit the number of screenings to
3100ensure Medicaid expenditures do not exceed the amount
3101appropriated. The Department of Health, in cooperation with the
3102Agency for Health Care Administration, shall prepare an annual
3103report that must include the number of women screened; the
3104percentage of positive and negative outcomes; the number of
3105referrals to Medicaid and other providers for treatment
3106services; the estimated number of women who are not screened or
3107not served by Medicaid due to funding limitations, if any; the
3108cost of Medicaid treatment services; and the estimated cost of
3109treatment services for women who were not screened or referred
3110for treatment due to funding limitations. The report shall be
3111submitted to the President of the Senate, the Speaker of the
3112House of Representatives, and the Executive Office of the
3113Governor by March 1 of each year.
3114     Section 115.  Subsection (6) of section 383.19, Florida
3115Statutes, is amended to read:
3116     383.19  Standards; funding; ineligibility.--
3117     (6)  Each hospital which contracts with the department to
3118provide services under the terms of ss. 383.15-383.21 shall
3119prepare and submit to the department an annual report that
3120includes, but is not limited to, the number of clients served
3121and the costs of services in the center. The department shall
3122annually conduct a programmatic and financial evaluation of each
3123center.
3124     Section 116.  Section 383.21, Florida Statutes, is
3125repealed.
3126     Section 117.  Section 383.2161, Florida Statutes, is
3127amended to read:
3128     383.2161  Maternal and child health report.--The Department
3129of Health annually shall annually compile and analyze the risk
3130information collected by the Office of Vital Statistics and the
3131district prenatal and infant care coalitions and shall maintain
3132 county and statewide data on prepare and submit to the
3133Legislature by January 2 a report that includes, but is not
3134limited to:
3135     (1)  The number of families identified as families at
3136potential risk.;
3137     (2)  The number of families that receive family outreach
3138services.;
3139     (3)  The increase in demand for services.; and
3140     (4)  The unmet need for services for identified target
3141groups.
3142     Section 118.  Subsection (6) of section 384.25, Florida
3143Statutes, is amended to read:
3144     384.25  Reporting required.--
3145     (6)  The department shall by February 1 of each year submit
3146to the Legislature an annual report relating to all information
3147obtained pursuant to this section.
3148     Section 119.  Subsection (4) of section 394.4573, Florida
3149Statutes, is amended to read:
3150     394.4573  Continuity of care management system; measures of
3151performance; reports.--
3152     (4)  The department is directed to submit a report to the
3153Legislature, prior to April 1 of each year, outlining
3154departmental progress towards the implementation of the minimum
3155staffing patterns' standards in state mental health treatment
3156facilities. The report shall contain, by treatment facility,
3157information regarding goals and objectives and departmental
3158performance toward meeting each such goal and objective.
3159     Section 120.  Subsection (1) of section 394.4985, Florida
3160Statutes, is amended to read:
3161     394.4985  Districtwide information and referral network;
3162implementation.--
3163     (1)  Each service district of the Department of Children
3164and Family Services shall develop a detailed implementation plan
3165for a districtwide comprehensive child and adolescent mental
3166health information and referral network to be operational by
3167July 1, 1999. The plan must include an operating budget that
3168demonstrates cost efficiencies and identifies funding sources
3169for the district information and referral network. The plan must
3170be submitted by the department to the Legislature by October 1,
31711998. The district shall use existing district information and
3172referral providers if, in the development of the plan, it is
3173concluded that these providers would deliver information and
3174referral services in a more efficient and effective manner when
3175compared to other alternatives. The district information and
3176referral network must include:
3177     (a)  A resource file that contains information about the
3178child and adolescent mental health services as described in s.
3179394.495, including, but not limited to:
3180     1.  Type of program;
3181     2.  Hours of service;
3182     3.  Ages of persons served;
3183     4.  Program description;
3184     5.  Eligibility requirements; and
3185     6.  Fees.
3186     (b)  Information about private providers and professionals
3187in the community which serve children and adolescents with an
3188emotional disturbance.
3189     (c)  A system to document requests for services that are
3190received through the network referral process, including, but
3191not limited to:
3192     1.  Number of calls by type of service requested;
3193     2.  Ages of the children and adolescents for whom services
3194are requested; and
3195     3.  Type of referral made by the network.
3196     (d)  The ability to share client information with the
3197appropriate community agencies.
3198     (e)  The submission of an annual report to the department,
3199the Agency for Health Care Administration, and appropriate local
3200government entities, which contains information about the
3201sources and frequency of requests for information, types and
3202frequency of services requested, and types and frequency of
3203referrals made.
3204     Section 121.  Section 394.75, Florida Statutes, is amended
3205to read:
3206     394.75  State and district substance abuse and mental
3207health plans.--
3208     (1)(a)  Every 3 years, beginning in 2001, The department,
3209in consultation with the Medicaid program in the Agency for
3210Health Care Administration and the Florida Substance Abuse and
3211Mental Health Corporation, shall prepare a state master plan for
3212the delivery and financing of a system of publicly funded,
3213community-based substance abuse and mental health services
3214throughout the state. The state plan must include:
3215     (b)  The initial plan must include an assessment of the
3216clinical practice guidelines and standards for community-based
3217mental health and substance abuse services delivered by persons
3218or agencies under contract with the Department of Children and
3219Family Services. The assessment must include an inventory of
3220current clinical guidelines and standards used by persons and
3221agencies under contract with the department, and by nationally
3222recognized accreditation organizations, to address the quality
3223of care and must specify additional clinical practice standards
3224and guidelines for new or existing services and programs.
3225     (a)(c)  Proposed The plan must propose changes in
3226department policy or statutory revisions to strengthen the
3227quality of mental health and substance abuse treatment and
3228support services.
3229     (b)(d)  The plan must identify Strategies for meeting the
3230treatment and support needs of children, adolescents, adults,
3231and older adults who have, or are at risk of having, mental,
3232emotional, or substance abuse problems as defined in this
3233chapter or chapter 397.
3234     (c)(e)  The plan must include Input from persons who
3235represent local communities; local government entities that
3236contribute funds to the local substance abuse and mental health
3237treatment systems; consumers of publicly funded substance abuse
3238and mental health services, and their families; and stakeholders
3239interested in mental health and substance abuse services. The
3240plan must describe the means by which this local input occurred.
3241The plan shall be updated annually.
3242     (f)  The plan must include statewide policies and planning
3243parameters that will be used by the health and human services
3244boards in preparing the district substance abuse and mental
3245health plans.
3246     (g)  The district plans shall be one component of the state
3247master plan.
3248     (2)  The state master plan shall also include:
3249     (a)  A proposal for the development of a data system that
3250will evaluate the effectiveness of programs and services
3251provided to clients of the substance abuse and mental health
3252service system.
3253     (b)  A proposal to resolve the funding discrepancies
3254between districts.
3255     (d)(c)  A methodology for the allocation of resources
3256available from federal, state, and local sources and a
3257description of the current level of funding available from each
3258source.
3259     (e)(d)  A description of the statewide priorities for
3260clients and services, and each district's priorities for clients
3261and services.
3262     (e)  Recommendations for methods of enhancing local
3263participation in the planning, organization, and financing of
3264substance abuse and mental health services.
3265     (f)  A description of the current methods of contracting
3266for services, an assessment of the efficiency of these methods
3267in providing accountability for contracted funds, and
3268recommendations for improvements to the system of contracting.
3269     (f)(g)  Recommendations for improving access to services by
3270clients and their families.
3271     (h)  Guidelines and formats for the development of district
3272plans.
3273     (g)(i)  Recommendations for future directions for the
3274substance abuse and mental health service delivery system.
3275     (2)  A schedule, format, and procedure for development, and
3276review, and update of the state master plan shall be adopted by
3277the department by June of each year. The plan and annual updates
3278shall must be submitted to the Governor and Legislature
3279beginning February 10, 2006, and every third year thereafter
3280President of the Senate and the Speaker of the House of
3281Representatives by January 1 of each year, beginning January 1,
32822001.
3283     (3)  Each The district health and human services board
3284shall prepare an integrated district substance abuse and mental
3285health plan. The plan shall be prepared and updated on a
3286schedule established by the Assistant Secretary for Substance
3287Abuse Alcohol, Drug Abuse, and Mental Health Program Office. The
3288plan shall reflect the needs and program priorities established
3289by the department and the needs of the district established
3290under ss. 394.674 and 394.675. The district plan must list in
3291order of priority the mental health and the substance abuse
3292treatment needs of the district and must rank each program
3293separately. The plan shall include:
3294     (a)  A record of the total amount of money available in the
3295district for mental health and substance abuse services.
3296     (b)  A description of each service that will be purchased
3297with state funds.
3298     (c)  A record of the amount of money allocated for each
3299service identified in the plan as being purchased with state
3300funds.
3301     (d)  A record of the total funds allocated to each
3302provider.
3303     (e)  A record of the total funds allocated to each provider
3304by type of service to be purchased with state funds.
3305     (a)(f)  Include input from community-based persons,
3306organizations, and agencies interested in substance abuse and
3307mental health treatment services; local government entities that
3308contribute funds to the public substance abuse and mental health
3309treatment systems; and consumers of publicly funded substance
3310abuse and mental health services, and their family members. The
3311plan must describe the means by which this local input occurred.
3312
3313The plan shall be submitted by the district board to the
3314district administrator and to the governing bodies for review,
3315comment, and approval.
3316     (4)  The district plan shall:
3317     (a)  Describe the publicly funded, community-based
3318substance abuse and mental health system of care, and identify
3319statutorily defined populations, their service needs, and the
3320resources available and required to meet their needs.
3321     (b)  Provide the means for meeting the needs of the
3322district's eligible clients, specified in ss. 394.674 and
3323394.675, for substance abuse and mental health services.
3324     (b)(c)  Provide a process for coordinating the delivery of
3325services within a community-based system of care to eligible
3326clients. Such process must involve service providers, clients,
3327and other stakeholders. The process must also provide a means by
3328which providers will coordinate and cooperate to strengthen
3329linkages, achieve maximum integration of services, foster
3330efficiencies in service delivery and administration, and
3331designate responsibility for outcomes for eligible clients.
3332     (c)(d)  Provide a projection of district program and fiscal
3333needs for the next fiscal year, provide for the orderly and
3334economical development of needed services, and indicate
3335priorities and resources for each population served, performance
3336outcomes, and anticipated expenditures and revenues.
3337     (e)  Include a summary budget request for the total
3338district substance abuse and mental health program, which must
3339include the funding priorities established by the district
3340planning process.
3341     (f)  Provide a basis for the district legislative budget
3342request.
3343     (g)  Include a policy and procedure for allocation of
3344funds.
3345     (h)  Include a procedure for securing local matching funds.
3346Such a procedure shall be developed in consultation with
3347governing bodies and service providers.
3348     (d)(i)  Provide for the integration of substance abuse and
3349mental health services with the other departmental programs and
3350with the criminal justice, juvenile justice, child protection,
3351school, and health care systems within the district.
3352     (j)  Provide a plan for the coordination of services in
3353such manner as to ensure effectiveness and avoid duplication,
3354fragmentation of services, and unnecessary expenditures.
3355     (e)(k)  Provide for continuity of client care between state
3356treatment facilities and community programs to assure that
3357discharge planning results in the rapid application for all
3358benefits for which a client is eligible, including Medicaid
3359coverage for persons leaving state treatment facilities and
3360returning to community-based programs.
3361     (l)  Provide for the most appropriate and economical use of
3362all existing public and private agencies and personnel.
3363     (m)  Provide for the fullest possible and most appropriate
3364participation by existing programs; state hospitals and other
3365hospitals; city, county, and state health and family service
3366agencies; drug abuse and alcoholism programs; probation
3367departments; physicians; psychologists; social workers; marriage
3368and family therapists; mental health counselors; clinical social
3369workers; public health nurses; school systems; and all other
3370public and private agencies and personnel that are required to,
3371or may agree to, participate in the plan.
3372     (n)  Include an inventory of all public and private
3373substance abuse and mental health resources within the district,
3374including consumer advocacy groups and self-help groups known to
3375the department.
3376     (4)(5)  The district plan shall address how substance abuse
3377and mental health services will be provided and how a system of
3378care for target populations will be provided given the resources
3379available in the service district. The plan must include
3380provisions for providing the most appropriate and current
3381evidence-based services for persons with substance abuse
3382disorders and mental illnesses in a variety of settings
3383maximizing client access to the most recently developed
3384psychiatric medications approved by the United States Food and
3385Drug Administration, for developing independent housing units
3386through participation in the Section 811 program operated by the
3387United States Department of Housing and Urban Development, for
3388developing supported employment services through the Division of
3389Vocational Rehabilitation of the Department of Education, for
3390providing treatment services to persons with co-occurring mental
3391illness and substance abuse problems which are integrated across
3392treatment systems, and for providing services to adults who have
3393a serious mental illness, as defined in s. 394.67, and who
3394reside in assisted living facilities.
3395     (6)  The district plan shall provide the means by which the
3396needs of the population groups specified pursuant to s. 394.674
3397will be addressed in the district.
3398     (7)  In developing the district plan, optimum use shall be
3399made of any federal, state, and local funds that may be
3400available for substance abuse and mental health service
3401planning. However, the department must provide these services
3402within legislative appropriations.
3403     (8)  The district health and human services board shall
3404establish a subcommittee to prepare the portion of the district
3405plan relating to children and adolescents. The subcommittee
3406shall include representative membership of any committee
3407organized or established by the district to review placement of
3408children and adolescents in residential treatment programs. The
3409board shall establish a subcommittee to prepare the portion of
3410the district plan which relates to adult mental health and
3411substance abuse. The subcommittee must include representatives
3412from the community who have an interest in mental health and
3413substance abuse treatment for adults.
3414     (5)(9)  All departments of state government and all local
3415public agencies shall cooperate with officials to assist them in
3416service planning. Each district administrator shall, upon
3417request and the availability of staff, provide consultative
3418services to the local agency directors and governing bodies.
3419     (10)  The district administrator shall ensure that the
3420district plan:
3421     (a)  Conforms to the priorities in the state plan, the
3422requirements of this part, and the standards adopted under this
3423part;
3424     (b)  Ensures that the most effective and economical use
3425will be made of available public and private substance abuse and
3426mental health resources in the service district; and
3427     (c)  Has adequate provisions made for review and evaluation
3428of the services provided in the service district.
3429     (11)  The district administrator shall require such
3430modifications in the district plan as he or she deems necessary
3431to bring the plan into conformance with the provisions of this
3432part. If the district board and the district administrator
3433cannot agree on the plan, including the projected budget, the
3434issues under dispute shall be submitted directly to the
3435secretary of the department for immediate resolution.
3436     (12)  Each governing body that provides local funds has the
3437authority to require necessary modification to only that portion
3438of the district plan which affects substance abuse and mental
3439health programs and services within the jurisdiction of that
3440governing body.
3441     (13)  The district administrator shall report annually to
3442the district board the status of funding for priorities
3443established in the district plan. Each report must include:
3444     (a)  A description of the district plan priorities that
3445were included in the district legislative budget request.
3446     (b)  A description of the district plan priorities that
3447were included in the departmental budget request.
3448     (c)  A description of the programs and services included in
3449the district plan priorities that were appropriated funds by the
3450Legislature in the legislative session that preceded the report.
3451     Section 122.  Section 394.82, Florida Statutes, is
3452repealed.
3453     Section 123.  Paragraph (a) of subsection (3) of section
3454394.655, Florida Statutes, is amended to read:
3455     394.655  The Substance Abuse and Mental Health Corporation;
3456powers and duties; composition; evaluation and reporting
3457requirements.--
3458     (3)(a)  The Florida Substance Abuse and Mental Health
3459Corporation shall be responsible for oversight of the publicly
3460funded substance abuse and mental health systems and for making
3461policy and resources recommendations which will improve the
3462coordination, quality, and efficiency of the system. Subject to
3463and consistent with direction set by the Legislature, the
3464corporation shall exercise the following responsibilities:
3465     1.  Review and assess the collection and analysis of needs
3466assessment data as described in s. 394.82.
3467     1.2.  Review and assess the status of the publicly funded
3468mental health and substance abuse systems and recommend policy
3469designed to improve coordination and effectiveness.
3470     2.3.  Provide mechanisms for substance abuse and mental
3471health stakeholders, including consumers, family members,
3472providers, and advocates to provide input concerning the
3473management of the overall system.
3474     3.4.  Recommend priorities for service expansion.
3475     4.5.  Prepare budget recommendations to be submitted to the
3476appropriate departments for consideration in the development of
3477their legislative budget requests and provide copies to the
3478Governor, the President of the Senate, and the Speaker of the
3479House of Representatives for their consideration.
3480     5.6.  Review data regarding the performance of the publicly
3481funded substance abuse and mental health systems.
3482     6.7.  Make recommendations concerning strategies for
3483improving the performance of the systems.
3484     7.8.  Review, assess, and forecast substance abuse and
3485mental health manpower needs and work with the department and
3486the educational system to establish policies, consistent with
3487the direction of the Legislature, which will ensure that the
3488state has the personnel it needs to continuously implement and
3489improve its services.
3490     Section 124.  Paragraph (h) of subsection (7) and
3491subsection (8) of section 394.9082, Florida Statutes, are
3492amended to read:
3493     394.9082  Behavioral health service delivery strategies.--
3494     (7)  ESSENTIAL ELEMENTS.--
3495     (h)1.  The Department of Children and Family Services, in
3496consultation with the Agency for Health Care Administration,
3497shall prepare an amendment by October 31, 2001, to the 2001
3498master state plan required under s. 394.75(1), which describes
3499each service delivery strategy, including at least the following
3500details:
3501     a.  Operational design;
3502     b.  Counties or service districts included in each
3503strategy;
3504     c.  Expected outcomes; and
3505     d.  Timeframes.
3506     2.  The amendment shall specifically address the
3507application of each service delivery strategy to substance abuse
3508services, including:
3509     a.  The development of substance abuse service protocols;
3510     b.  Credentialing requirements for substance abuse
3511services; and
3512     c.  The development of new service models for individuals
3513with co-occurring mental health and substance abuse disorders.
3514     3.  The amendment must specifically address the application
3515of each service delivery strategy to the child welfare system,
3516including:
3517     a.  The development of service models that support working
3518with both children and their families in a community-based care
3519system and that are specific to the child welfare system.
3520     b.  A process for providing services to abused and
3521neglected children and their families as indicated in court-
3522ordered case plans.
3523     (8)  EXPANSION IN DISTRICTS 4 AND 12.--The department shall
3524work with community agencies to establish a single managing
3525entity for districts 4 and 12 accountable for the delivery of
3526substance abuse services to child protective services recipients
3527in the two districts. The purpose of this strategy is to enhance
3528the coordination of substance abuse services with community-
3529based care agencies and the department. The department shall
3530work with affected stakeholders to develop and implement a plan
3531that allows the phase-in of services beginning with the delivery
3532of substance abuse services, with phase-in of subsequent
3533substance abuse services agreed upon by the managing entity and
3534authorized by the department, providing the necessary technical
3535assistance to assure provider and district readiness for
3536implementation. When a single managing entity is established and
3537meets readiness requirements, the department may enter into a
3538noncompetitive contract with the entity. The department shall
3539maintain detailed information on the methodology used for
3540selection and a justification for the selection. Performance
3541objectives shall be developed which ensure that services that
3542are delivered directly affect and complement the child's
3543permanency plan. During the initial planning and implementation
3544phase of this project, the requirements in subsections (6) and
3545(7) are waived. Considering the critical substance abuse
3546problems experienced by many families in the child protection
3547system, the department shall initiate the implementation of the
3548substance abuse delivery component of this program without delay
3549and furnish status reports to the appropriate substantive
3550committees of the Senate and the House of Representatives no
3551later than February 29, 2004, and February 28, 2005. The
3552integration of all services agreed upon by the managing entity
3553and authorized by the department must be completed within 2
3554years after project initiation. Ongoing monitoring and
3555evaluation of this strategy shall be conducted in accordance
3556with subsection (9).
3557     Section 125.  Section 394.9083, Florida Statutes, is
3558repealed.
3559     Section 126.  Paragraph (c) of subsection (2) of section
3560395.807, Florida Statutes, is amended to read:
3561     395.807  Retention of family practice residents.--
3562     (2)
3563     (c)  The committee shall report to the Legislature
3564annually, beginning October 1, 1995, on the retention of family
3565practice residents in the state by family practice teaching
3566hospitals. The committee shall also track and report on the
3567placement of family practice physicians in medically underserved
3568areas.
3569     Section 127.  Subsections (1) and (20) of section 397.321,
3570Florida Statutes, are amended to read:
3571     397.321  Duties of the department.--The department shall:
3572     (1)  Develop a comprehensive state plan for the provision
3573of substance abuse services. The plan must include:
3574     (a)  Identification of incidence and prevalence of problems
3575related to substance abuse.
3576     (b)  Description of current services.
3577     (c)  Need for services.
3578     (d)  Cost of services.
3579     (e)  Priorities for funding.
3580     (f)  Strategies to address the identified needs and
3581priorities.
3582     (g)  Resource planning.
3583     (20)  The department may establish in District 9, in
3584cooperation with the Palm Beach County Board of County
3585Commissioners, a pilot project to serve in a managed care
3586arrangement non-Medicaid eligible persons who qualify to receive
3587substance abuse or mental health services from the department.
3588The department may contract with a not-for-profit entity to
3589conduct the pilot project. The results of the pilot project
3590shall be reported to the district administrator, and the
3591secretary 18 months after the initiation. The department shall
3592incur no additional administrative costs for the pilot project.
3593     Section 128.  Subsection (3) of section 397.332, Florida
3594Statutes, is amended to read:
3595     397.332  Office of Drug Control.--
3596     (3)  On or before December 1 of each year, the director of
3597the Office of Drug Control shall report to the Governor and the
3598Legislature on the information and recommendations required
3599under paragraphs (2)(f) and (g).
3600     Section 129.  Subsection (4) of section 397.333, Florida
3601Statutes, is amended to read:
3602     397.333  Statewide Drug Policy Advisory Council.--
3603     (4)(a)  The chairperson of the advisory council shall
3604appoint workgroups that include members of state agencies that
3605are not represented on the advisory council and shall solicit
3606input and recommendations from those state agencies. In
3607addition, the chairperson may appoint workgroups as necessary
3608from among the members of the advisory council in order to
3609efficiently address specific issues. A representative of a state
3610agency appointed to any workgroup shall be the head of the
3611agency, or his or her designee. The chairperson may designate
3612lead and contributing agencies within a workgroup.
3613     (b)  The advisory council shall submit a report to the
3614Governor, the President of the Senate, and the Speaker of the
3615House of Representatives by December 1 of each year which
3616contains a summary of the work of the council during that year
3617and the recommendations required under subsection (3). Interim
3618reports may be submitted at the discretion of the chairperson of
3619the advisory council.
3620     Section 130.  Subsection (1) of section 397.94, Florida
3621Statutes, is amended to read:
3622     397.94  Children's substance abuse services; information
3623and referral network.--
3624     (1)  Each service district of the department shall develop
3625a plan for and implement a districtwide comprehensive children's
3626substance abuse information and referral network to be
3627operational by July 1, 2000.
3628     Section 131.  Paragraph (f) of subsection (2) of section
3629400.0067, Florida Statutes, is amended to read:
3630     400.0067  State Long-Term Care Ombudsman Council; duties;
3631membership.--
3632     (2)  The State Long-Term Care Ombudsman Council shall:
3633     (f)  Prepare an annual report describing the activities
3634carried out by the ombudsman, and the State Long-Term Care
3635Ombudsman Council, and the local councils in the year for which
3636the report is prepared. The State Long-Term Care Ombudsman
3637Council shall submit the report to the Secretary of Elderly
3638Affairs. The secretary shall in turn submit the report to the
3639Commissioner of the United States Administration on Aging, the
3640Governor, the Legislature the President of the Senate, the
3641Speaker of the House of Representatives, the minority leaders of
3642the House and Senate, the chairpersons of appropriate House and
3643Senate committees, the Secretary of Children and Family
3644Services, and the Secretary of Health Care Administration. The
3645report shall be submitted by the Secretary of Elderly Affairs at
3646least 30 days before the convening of the regular session of the
3647Legislature and shall, at a minimum:
3648     1.  Contain and analyze data collected concerning
3649complaints about and conditions in long-term care facilities and
3650the dispositions of such complaints.
3651     2.  Evaluate the problems experienced by residents of long-
3652term care facilities.
3653     3.  Contain recommendations for improving the quality of
3654life of the residents and for protecting the health, safety,
3655welfare, and rights of the residents.
3656     4.  Analyze the success of the ombudsman program during the
3657preceding year and identify the barriers that prevent the
3658optimal operation of the program. The report of the program's
3659successes shall also include address the relationship between
3660the state long-term care ombudsman program, the Department of
3661Elderly Affairs, the Agency for Health Care Administration, and
3662the Department of Children and Family Services, and an
3663assessment of how successfully the state long-term care
3664ombudsman program has carried out its responsibilities under the
3665Older Americans Act.
3666     5.  Provide policy and regulatory and legislative
3667recommendations to solve identified problems; resolve residents'
3668complaints; improve the quality of care and life of the
3669residents; protect the health, safety, welfare, and rights of
3670the residents; and remove the barriers to the optimal operation
3671of the state long-term care ombudsman program.
3672     6.  Contain recommendations from the local ombudsman
3673councils regarding program functions and activities.
3674     7.  Include a report on the activities of the legal
3675advocate and other legal advocates acting on behalf of the local
3676and state councils.
3677     Section 132.  Subsection (3) of section 400.0075, Florida
3678Statutes, is amended to read:
3679     400.0075  Complaint resolution procedures.--
3680     (3)  The state ombudsman council shall provide, as part of
3681its annual report required pursuant to s. 400.0067(2)(f),
3682information relating to the disposition of all complaints to the
3683Department of Elderly Affairs.
3684     Section 133.  Section 400.0089, Florida Statutes, is
3685amended to read:
3686     400.0089  Complaint Agency reports.--The Office of State
3687Long-Term Care Ombudsman Department of Elderly Affairs shall
3688maintain a statewide uniform reporting system to collect and
3689analyze data relating to complaints and conditions in long-term
3690care facilities and to residents, for the purpose of identifying
3691and resolving significant problems. The department and the State
3692Long-Term Care Ombudsman Council shall submit such data as part
3693of its annual report required pursuant to s. 400.0067(2)(f) to
3694the Agency for Health Care Administration, the Department of
3695Children and Family Services, the Florida Statewide Advocacy
3696Council, the Advocacy Center for Persons with Disabilities, the
3697Commissioner for the United States Administration on Aging, the
3698National Ombudsman Resource Center, and any other state or
3699federal entities that the ombudsman determines appropriate. The
3700office State Long-Term Care Ombudsman Council shall publish
3701quarterly and make readily available information pertaining to
3702the number and types of complaints received by the long-term
3703care ombudsman program and shall include such information in the
3704annual report required under s. 400.0067.
3705     Section 134.  Section 400.148, Florida Statutes, is
3706repealed.
3707     Section 135.  Paragraph (g) of subsection (2) of section
3708400.0239, Florida Statutes, is amended to read:
3709     400.0239  Quality of Long-Term Care Facility Improvement
3710Trust Fund.--
3711     (2)  Expenditures from the trust fund shall be allowable
3712for direct support of the following:
3713     (g)  Other initiatives authorized by the Centers for
3714Medicare and Medicaid Services for the use of federal civil
3715monetary penalties, including projects recommended through the
3716Medicaid "Up-or-Out" Quality of Care Contract Management Program
3717pursuant to s. 400.148.
3718     Section 136.  Paragraph (b) of subsection (3) of section
3719400.407, Florida Statutes, is amended to read:
3720     400.407  License required; fee, display.--
3721     (3)  Any license granted by the agency must state the
3722maximum resident capacity of the facility, the type of care for
3723which the license is granted, the date the license is issued,
3724the expiration date of the license, and any other information
3725deemed necessary by the agency. Licenses shall be issued for one
3726or more of the following categories of care: standard, extended
3727congregate care, limited nursing services, or limited mental
3728health.
3729     (b)  An extended congregate care license shall be issued to
3730facilities providing, directly or through contract, services
3731beyond those authorized in paragraph (a), including acts
3732performed pursuant to part I of chapter 464 by persons licensed
3733thereunder, and supportive services defined by rule to persons
3734who otherwise would be disqualified from continued residence in
3735a facility licensed under this part.
3736     1.  In order for extended congregate care services to be
3737provided in a facility licensed under this part, the agency must
3738first determine that all requirements established in law and
3739rule are met and must specifically designate, on the facility's
3740license, that such services may be provided and whether the
3741designation applies to all or part of a facility. Such
3742designation may be made at the time of initial licensure or
3743relicensure, or upon request in writing by a licensee under this
3744part. Notification of approval or denial of such request shall
3745be made within 90 days after receipt of such request and all
3746necessary documentation. Existing facilities qualifying to
3747provide extended congregate care services must have maintained a
3748standard license and may not have been subject to administrative
3749sanctions during the previous 2 years, or since initial
3750licensure if the facility has been licensed for less than 2
3751years, for any of the following reasons:
3752     a.  A class I or class II violation;
3753     b.  Three or more repeat or recurring class III violations
3754of identical or similar resident care standards as specified in
3755rule from which a pattern of noncompliance is found by the
3756agency;
3757     c.  Three or more class III violations that were not
3758corrected in accordance with the corrective action plan approved
3759by the agency;
3760     d.  Violation of resident care standards resulting in a
3761requirement to employ the services of a consultant pharmacist or
3762consultant dietitian;
3763     e.  Denial, suspension, or revocation of a license for
3764another facility under this part in which the applicant for an
3765extended congregate care license has at least 25 percent
3766ownership interest; or
3767     f.  Imposition of a moratorium on admissions or initiation
3768of injunctive proceedings.
3769     2.  Facilities that are licensed to provide extended
3770congregate care services shall maintain a written progress
3771report on each person who receives such services, which report
3772describes the type, amount, duration, scope, and outcome of
3773services that are rendered and the general status of the
3774resident's health. A registered nurse, or appropriate designee,
3775representing the agency shall visit such facilities at least
3776quarterly to monitor residents who are receiving extended
3777congregate care services and to determine if the facility is in
3778compliance with this part and with rules that relate to extended
3779congregate care. One of these visits may be in conjunction with
3780the regular survey. The monitoring visits may be provided
3781through contractual arrangements with appropriate community
3782agencies. A registered nurse shall serve as part of the team
3783that inspects such facility. The agency may waive one of the
3784required yearly monitoring visits for a facility that has been
3785licensed for at least 24 months to provide extended congregate
3786care services, if, during the inspection, the registered nurse
3787determines that extended congregate care services are being
3788provided appropriately, and if the facility has no class I or
3789class II violations and no uncorrected class III violations.
3790Before such decision is made, the agency shall consult with the
3791long-term care ombudsman council for the area in which the
3792facility is located to determine if any complaints have been
3793made and substantiated about the quality of services or care.
3794The agency may not waive one of the required yearly monitoring
3795visits if complaints have been made and substantiated.
3796     3.  Facilities that are licensed to provide extended
3797congregate care services shall:
3798     a.  Demonstrate the capability to meet unanticipated
3799resident service needs.
3800     b.  Offer a physical environment that promotes a homelike
3801setting, provides for resident privacy, promotes resident
3802independence, and allows sufficient congregate space as defined
3803by rule.
3804     c.  Have sufficient staff available, taking into account
3805the physical plant and firesafety features of the building, to
3806assist with the evacuation of residents in an emergency, as
3807necessary.
3808     d.  Adopt and follow policies and procedures that maximize
3809resident independence, dignity, choice, and decisionmaking to
3810permit residents to age in place to the extent possible, so that
3811moves due to changes in functional status are minimized or
3812avoided.
3813     e.  Allow residents or, if applicable, a resident's
3814representative, designee, surrogate, guardian, or attorney in
3815fact to make a variety of personal choices, participate in
3816developing service plans, and share responsibility in
3817decisionmaking.
3818     f.  Implement the concept of managed risk.
3819     g.  Provide, either directly or through contract, the
3820services of a person licensed pursuant to part I of chapter 464.
3821     h.  In addition to the training mandated in s. 400.452,
3822provide specialized training as defined by rule for facility
3823staff.
3824     4.  Facilities licensed to provide extended congregate care
3825services are exempt from the criteria for continued residency as
3826set forth in rules adopted under s. 400.441. Facilities so
3827licensed shall adopt their own requirements within guidelines
3828for continued residency set forth by the department in rule.
3829However, such facilities may not serve residents who require 24-
3830hour nursing supervision. Facilities licensed to provide
3831extended congregate care services shall provide each resident
3832with a written copy of facility policies governing admission and
3833retention.
3834     5.  The primary purpose of extended congregate care
3835services is to allow residents, as they become more impaired,
3836the option of remaining in a familiar setting from which they
3837would otherwise be disqualified for continued residency. A
3838facility licensed to provide extended congregate care services
3839may also admit an individual who exceeds the admission criteria
3840for a facility with a standard license, if the individual is
3841determined appropriate for admission to the extended congregate
3842care facility.
3843     6.  Before admission of an individual to a facility
3844licensed to provide extended congregate care services, the
3845individual must undergo a medical examination as provided in s.
3846400.426(4) and the facility must develop a preliminary service
3847plan for the individual.
3848     7.  When a facility can no longer provide or arrange for
3849services in accordance with the resident's service plan and
3850needs and the facility's policy, the facility shall make
3851arrangements for relocating the person in accordance with s.
3852400.428(1)(k).
3853     8.  Failure to provide extended congregate care services
3854may result in denial of extended congregate care license
3855renewal.
3856     9.  No later than January 1 of each year, the department,
3857in consultation with the agency, shall prepare and submit to the
3858Governor, the President of the Senate, the Speaker of the House
3859of Representatives, and the chairs of appropriate legislative
3860committees, a report on the status of, and recommendations
3861related to, extended congregate care services. The status report
3862must include, but need not be limited to, the following
3863information:
3864     a.  A description of the facilities licensed to provide
3865such services, including total number of beds licensed under
3866this part.
3867     b.  The number and characteristics of residents receiving
3868such services.
3869     c.  The types of services rendered that could not be
3870provided through a standard license.
3871     d.  An analysis of deficiencies cited during licensure
3872inspections.
3873     e.  The number of residents who required extended
3874congregate care services at admission and the source of
3875admission.
3876     f.  Recommendations for statutory or regulatory changes.
3877     g.  The availability of extended congregate care to state
3878clients residing in facilities licensed under this part and in
3879need of additional services, and recommendations for
3880appropriations to subsidize extended congregate care services
3881for such persons.
3882     h.  Such other information as the department considers
3883appropriate.
3884     Section 137.  Paragraph (i) of subsection (1) of section
3885400.408, Florida Statutes, is amended to read:
3886     400.408  Unlicensed facilities; referral of person for
3887residency to unlicensed facility; penalties; verification of
3888licensure status.--
3889     (1)
3890     (i)  Each field office of the Agency for Health Care
3891Administration shall establish a local coordinating workgroup
3892which includes representatives of local law enforcement
3893agencies, state attorneys, the Medicaid Fraud Control Unit of
3894the Department of Legal Affairs, local fire authorities, the
3895Department of Children and Family Services, the district long-
3896term care ombudsman council, and the district human rights
3897advocacy committee to assist in identifying the operation of
3898unlicensed facilities and to develop and implement a plan to
3899ensure effective enforcement of state laws relating to such
3900facilities. The workgroup shall report its findings, actions,
3901and recommendations semiannually to the Director of Health
3902Facility Regulation of the agency.
3903     Section 138.  Subsection (13) of section 400.419, Florida
3904Statutes, is amended to read:
3905     400.419  Violations; imposition of administrative fines;
3906grounds.--
3907     (13)  The agency shall develop and disseminate an annual
3908list of all facilities sanctioned or fined $5,000 or more for
3909violations of state standards, the number and class of
3910violations involved, the penalties imposed, and the current
3911status of cases. The list shall be disseminated, at no charge,
3912to the Department of Elderly Affairs, the Department of Health,
3913the Department of Children and Family Services, the Agency for
3914Persons with Disabilities, the area agencies on aging, the
3915Florida Statewide Advocacy Council, and the state and local
3916ombudsman councils. The Department of Children and Family
3917Services shall disseminate the list to service providers under
3918contract to the department who are responsible for referring
3919persons to a facility for residency. The agency may charge a fee
3920commensurate with the cost of printing and postage to other
3921interested parties requesting a copy of this list.
3922     Section 139.  Subsection (4) of section 400.441, Florida
3923Statutes, is amended to read:
3924     400.441  Rules establishing standards.--
3925     (4)  The agency may use an abbreviated biennial standard
3926licensure inspection that consists of a review of key quality-
3927of-care standards in lieu of a full inspection in facilities
3928which have a good record of past performance. However, a full
3929inspection shall be conducted in facilities which have had a
3930history of class I or class II violations, uncorrected class III
3931violations, confirmed ombudsman council complaints, or confirmed
3932licensure complaints, within the previous licensure period
3933immediately preceding the inspection or when a potentially
3934serious problem is identified during the abbreviated inspection.
3935The agency, in consultation with the department, shall develop
3936the key quality-of-care standards with input from the State
3937Long-Term Care Ombudsman Council and representatives of provider
3938groups for incorporation into its rules. The department, in
3939consultation with the agency, shall report annually to the
3940Legislature concerning its implementation of this subsection.
3941The report shall include, at a minimum, the key quality-of-care
3942standards which have been developed; the number of facilities
3943identified as being eligible for the abbreviated inspection; the
3944number of facilities which have received the abbreviated
3945inspection and, of those, the number that were converted to full
3946inspection; the number and type of subsequent complaints
3947received by the agency or department on facilities which have
3948had abbreviated inspections; any recommendations for
3949modification to this subsection; any plans by the agency to
3950modify its implementation of this subsection; and any other
3951information which the department believes should be reported.
3952     Section 140.  Subsection (2) of section 400.967, Florida
3953Statutes, is amended to read:
3954     400.967  Rules and classification of deficiencies.--
3955     (2)  Pursuant to the intention of the Legislature, the
3956agency, in consultation with the Agency for Persons with
3957Disabilities Department of Children and Family Services and the
3958Department of Elderly Affairs, shall adopt and enforce rules to
3959administer this part, which shall include reasonable and fair
3960criteria governing:
3961     (a)  The location and construction of the facility;
3962including fire and life safety, plumbing, heating, cooling,
3963lighting, ventilation, and other housing conditions that will
3964ensure the health, safety, and comfort of residents. The agency
3965shall establish standards for facilities and equipment to
3966increase the extent to which new facilities and a new wing or
3967floor added to an existing facility after July 1, 2000, are
3968structurally capable of serving as shelters only for residents,
3969staff, and families of residents and staff, and equipped to be
3970self-supporting during and immediately following disasters. The
3971Agency for Health Care Administration shall work with facilities
3972licensed under this part and report to the Governor and the
3973Legislature by April 1, 2000, its recommendations for cost-
3974effective renovation standards to be applied to existing
3975facilities. In making such rules, the agency shall be guided by
3976criteria recommended by nationally recognized, reputable
3977professional groups and associations having knowledge concerning
3978such subject matters. The agency shall update or revise such
3979criteria as the need arises. All facilities must comply with
3980those lifesafety code requirements and building code standards
3981applicable at the time of approval of their construction plans.
3982The agency may require alterations to a building if it
3983determines that an existing condition constitutes a distinct
3984hazard to life, health, or safety. The agency shall adopt fair
3985and reasonable rules setting forth conditions under which
3986existing facilities undergoing additions, alterations,
3987conversions, renovations, or repairs are required to comply with
3988the most recent updated or revised standards.
3989     (b)  The number and qualifications of all personnel,
3990including management, medical nursing, and other personnel,
3991having responsibility for any part of the care given to
3992residents.
3993     (c)  All sanitary conditions within the facility and its
3994surroundings, including water supply, sewage disposal, food
3995handling, and general hygiene, which will ensure the health and
3996comfort of residents.
3997     (d)  The equipment essential to the health and welfare of
3998the residents.
3999     (e)  A uniform accounting system.
4000     (f)  The care, treatment, and maintenance of residents and
4001measurement of the quality and adequacy thereof.
4002     (g)  The preparation and annual update of a comprehensive
4003emergency management plan. The agency shall adopt rules
4004establishing minimum criteria for the plan after consultation
4005with the Department of Community Affairs. At a minimum, the
4006rules must provide for plan components that address emergency
4007evacuation transportation; adequate sheltering arrangements;
4008postdisaster activities, including emergency power, food, and
4009water; postdisaster transportation; supplies; staffing;
4010emergency equipment; individual identification of residents and
4011transfer of records; and responding to family inquiries. The
4012comprehensive emergency management plan is subject to review and
4013approval by the local emergency management agency. During its
4014review, the local emergency management agency shall ensure that
4015the following agencies, at a minimum, are given the opportunity
4016to review the plan: the Department of Elderly Affairs, the
4017Agency for Persons with Disabilities Department of Children and
4018Family Services, the Agency for Health Care Administration, and
4019the Department of Community Affairs. Also, appropriate volunteer
4020organizations must be given the opportunity to review the plan.
4021The local emergency management agency shall complete its review
4022within 60 days and either approve the plan or advise the
4023facility of necessary revisions.
4024     (h)  Each licensee shall post its license in a prominent
4025place that is in clear and unobstructed public view at or near
4026the place where residents are being admitted to the facility.
4027     Section 141.  Subsection (3) of section 402.3016, Florida
4028Statutes, is amended to read:
4029     402.3016  Early Head Start collaboration grants.--
4030     (3)  The Agency for Workforce Innovation shall report to
4031the Legislature on an annual basis the number of agencies
4032receiving Early Head Start collaboration grants and the number
4033of children served.
4034     Section 142.  Subsection (9) of section 402.40, Florida
4035Statutes, is amended to read:
4036     402.40  Child welfare training.--
4037     (9)  MODIFICATION OF CHILD WELFARE TRAINING.--The core
4038competencies determined pursuant to subsection (5), the minimum
4039standards for the certification process and the minimum
4040standards for trainer qualifications established pursuant to
4041subsection (7), must be submitted to the appropriate substantive
4042committees of the Senate and the House of Representatives before
4043competitively soliciting either the development, validation, or
4044periodic evaluation of the training curricula or the training
4045academy contracts.
4046     Section 143.  Paragraph (c) of subsection (1) of section
4047402.73, Florida Statutes, is amended to read:
4048     402.73  Contracting and performance standards.--
4049     (1)  The Department of Children and Family Services shall
4050establish performance standards for all contracted client
4051services. Notwithstanding s. 287.057(5)(f), the department must
4052competitively procure any contract for client services when any
4053of the following occurs:
4054     (c)  The department has concluded, after reviewing market
4055prices and available treatment options, that there is evidence
4056that the department can improve the performance outcomes
4057produced by its contract resources. At a minimum, the department
4058shall review market prices and available treatment options
4059biennially. The department shall compile the results of the
4060biennial review and include the results in its annual
4061performance report to the Legislature pursuant to chapter 94-
4062249, Laws of Florida. The department shall provide notice and an
4063opportunity for public comment on its review of market prices
4064and available treatment options.
4065     Section 144.  Paragraph (d) of subsection (2) and paragraph
4066(c) of subsection (6) of section 403.067, Florida Statutes, are
4067amended to read:
4068     403.067  Establishment and implementation of total maximum
4069daily loads.--
4070     (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
4071with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
4072U.S.C. ss. 1251 et seq., the department must submit periodically
4073to the United States Environmental Protection Agency a list of
4074surface waters or segments for which total maximum daily load
4075assessments will be conducted. The assessments shall evaluate
4076the water quality conditions of the listed waters and, if such
4077waters are determined not to meet water quality standards, total
4078maximum daily loads shall be established, subject to the
4079provisions of subsection (4). The department shall establish a
4080priority ranking and schedule for analyzing such waters.
4081     (d)  If the department proposes to implement total maximum
4082daily load calculations or allocations established prior to the
4083effective date of this act, the department shall adopt those
4084calculations and allocations by rule by the secretary pursuant
4085to ss. 120.536(1) and 120.54 and paragraph (6)(c)(d).
4086     (6)  CALCULATION AND ALLOCATION.--
4087     (c)  Not later than February 1, 2001, the department shall
4088submit a report to the Governor, the President of the Senate,
4089and the Speaker of the House of Representatives containing
4090recommendations, including draft legislation, for any
4091modifications to the process for allocating total maximum daily
4092loads, including the relationship between allocations and the
4093watershed or basin management planning process. Such
4094recommendations shall be developed by the department in
4095cooperation with a technical advisory committee which includes
4096representatives of affected parties, environmental
4097organizations, water management districts, and other appropriate
4098local, state, and federal government agencies. The technical
4099advisory committee shall also include such members as may be
4100designated by the President of the Senate and the Speaker of the
4101House of Representatives.
4102     Section 145.  Subsection (3) of section 403.4131, Florida
4103Statutes, is amended to read:
4104     403.4131  "Keep Florida Beautiful, Incorporated"; placement
4105of signs.--
4106     (3)  The Department of Transportation shall establish an
4107"adopt-a-highway" program to allow local organizations to be
4108identified with specific highway cleanup and highway
4109beautification projects authorized under s. 339.2405 and shall
4110coordinate such efforts with Keep Florida Beautiful, Inc. The
4111department shall report to the Governor and the Legislature on
4112the progress achieved and the savings incurred by the "adopt-a-
4113highway" program. The department shall also monitor and report
4114on compliance with the provisions of the adopt-a-highway program
4115to ensure that organizations that participate in the program
4116comply with the goals identified by the department.
4117     Section 146.  Section 403.756, Florida Statutes, is
4118repealed.
4119     Section 147.  Section 403.7226, Florida Statutes, is
4120amended to read:
4121     403.7226  Technical assistance by the department.--The
4122department shall:
4123     (1)  provide technical assistance to county governments and
4124regional planning councils to ensure consistency in implementing
4125local hazardous waste management assessments as provided in ss.
4126403.7225, 403.7234, and 403.7236. In order to ensure that each
4127local assessment is properly implemented and that all
4128information gathered during the assessment is uniformly compiled
4129and documented, each county or regional planning council shall
4130contact the department during the preparation of the local
4131assessment to receive technical assistance. Each county or
4132regional planning council shall follow guidelines established by
4133the department, and adopted by rule as appropriate, in order to
4134properly implement these assessments.
4135     (2)  Identify short-term needs and long-term needs for
4136hazardous waste management for the state on the basis of the
4137information gathered through the local hazardous waste
4138management assessments and other information from state and
4139federal regulatory agencies and sources. The state needs
4140assessment must be ongoing and must be updated when new data
4141concerning waste generation and waste management technologies
4142become available. The department shall annually send a copy of
4143this assessment to the Governor and to the Legislature.
4144     Section 148.  Subsection (2) of section 403.7265, Florida
4145Statutes, is amended to read:
4146     403.7265  Local hazardous waste collection program.--
4147     (2)  The department shall develop a statewide local
4148hazardous waste management plan which will ensure comprehensive
4149collection and proper management of hazardous waste from small
4150quantity generators and household hazardous waste in Florida.
4151The plan shall address, at a minimum, a network of local
4152collection centers, transfer stations, and expanded hazardous
4153waste collection route services. The plan shall assess the need
4154for additional compliance verification inspections, enforcement,
4155and penalties. The plan shall include a strategy, timetable, and
4156budget for implementation.
4157     Section 149.  Paragraph (b) of subsection (1) of section
4158403.7264, Florida Statutes, is amended to read:
4159     403.7264  Amnesty days for purging small quantities of
4160hazardous wastes.--Amnesty days are authorized by the state for
4161the purpose of purging small quantities of hazardous waste, free
4162of charge, from the possession of homeowners, farmers, schools,
4163state agencies, and small businesses. These entities have no
4164appropriate economically feasible mechanism for disposing of
4165their hazardous wastes at the present time. In order to raise
4166public awareness on this issue, provide an educational process,
4167accommodate those entities which have a need to dispose of small
4168quantities of hazardous waste, and preserve the waters of the
4169state, amnesty days shall be carried out in the following
4170manner:
4171     (1)
4172     (b)  If a local government has established a local or
4173regional hazardous waste collection center pursuant to s.
4174403.7265(2)(3) and such center is in operation, the department
4175and the local government may enter into a contract whereby the
4176local government shall administer and supervise amnesty days. If
4177a contract is entered into, the department shall provide to the
4178local government, from funds appropriated to the department for
4179amnesty days, an amount of money as determined by the department
4180that is equal to the amount of money that would have been spent
4181by the department to administer and supervise amnesty days in
4182the local government's area. A local government that wishes to
4183administer and supervise amnesty days shall notify the
4184department at least 30 days prior to the beginning of the state
4185fiscal year during which the amnesty days are scheduled to be
4186held in the local government's area.
4187     Section 150.  Paragraphs (b) and (d) of subsection (3) and
4188subsection (5) of section 403.7895, Florida Statutes, are
4189amended to read:
4190     403.7895  Requirements for the permitting and certification
4191of commercial hazardous waste incinerators.--
4192     (3)  CERTIFICATION OF NEED.--
4193     (b)  The board shall make a determination of the need for
4194hazardous waste incinerators, based upon the best available
4195evidence of existing and projected need and available capacity,
4196as presented by the applicant, and as determined by the study
4197required by subsection (5).
4198     (d)  The board shall not make a determination of need for
4199any hazardous waste incinerator until the study required by
4200subsection (5) is completed.
4201     (5)  HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--
4202     (a)  The department shall conduct, by November 1, 1994, or
4203the date by which phase 2 of the next capacity assurance plan
4204must be submitted to the United States Environmental Protection
4205Agency, whichever date occurs first, a comprehensive independent
4206study of the current and future need for hazardous waste
4207incineration in the state. The study shall evaluate the
4208projected statewide capacity needs for a 20-year period. The
4209study shall be updated at least every 5 years.
4210     (b)  The department shall consult with state and nationally
4211recognized experts in the field of hazardous waste management,
4212including representatives from state and federal agencies,
4213industry, local government, environmental groups, universities,
4214and other interested parties.
4215     (c)  The study components shall include but not be limited
4216to the following:
4217     1.  Existing and projected sources, amounts, and types of
4218hazardous waste in the state for which incineration is an
4219appropriate treatment alternative, taking into account all
4220applicable federal regulations on the disposal, storage and
4221treatment or definition of hazardous waste.
4222     2.  Existing and projected hazardous waste incinerator
4223capacity in the state and the nation.
4224     3.  Existing and projected hazardous waste incineration
4225capacity in boilers and industrial furnaces in the state and the
4226nation.
4227     4.  Existing and projected hazardous waste incineration
4228needs, specifically taking into account the impacts of pollution
4229prevention, recycling, and other waste reduction strategies.
4230     5.  Any other impacts associated with construction of
4231excess hazardous waste incineration capacity in this state.
4232     (d)  Upon completion of the study, the department shall
4233present its findings and make recommendations to the board and
4234the Legislature regarding changes in state hazardous waste
4235policies and management strategies. The recommendations shall
4236address the advisability of establishing by statute the maximum
4237capacity for hazardous waste incineration in this state.
4238     Section 151.  Paragraph (a) of subsection (4) of section
4239406.02, Florida Statutes, is amended to read:
4240     406.02  Medical Examiners Commission; membership; terms;
4241duties; staff.--
4242     (4)  The Medical Examiners Commission shall:
4243     (a)  Submit annual reports to the Governor and Legislature
4244correlating and setting forth the activities and findings of the
4245several district medical examiners appointed pursuant to this
4246act. A copy of that report shall also be provided to each board
4247of county commissioners.
4248     Section 152.  Paragraph (g) of subsection (1) of section
4249408.033, Florida Statutes, is amended to read:
4250     408.033  Local and state health planning.--
4251     (1)  LOCAL HEALTH COUNCILS.--
4252     (g)  Each local health council is authorized to accept and
4253receive, in furtherance of its health planning functions, funds,
4254grants, and services from governmental agencies and from private
4255or civic sources and to perform studies related to local health
4256planning in exchange for such funds, grants, or services. Each
4257local health council shall, no later than January 30 of each
4258year, render an accounting of the receipt and disbursement of
4259such funds received by it to the Department of Health. The
4260department shall consolidate all such reports and submit such
4261consolidated report to the Legislature no later than March 1 of
4262each year.
4263     Section 153.  Subsection (4) of section 408.914, Florida
4264Statutes, is amended to read:
4265     408.914  Phased implementation plan.--The Agency for Health
4266Care Administration, in consultation with the Health Care Access
4267Steering Committee created in s. 408.916, shall phase in the
4268implementation of the Comprehensive Health and Human Services
4269Eligibility Access System.
4270     (4)  The Agency for Health Care Administration, in
4271consultation with the steering committee, shall complete
4272analysis of the initial pilot project by November 1, 2003, and
4273by January 1, 2004, shall submit a plan to the Governor, the
4274President of the Senate, and the Speaker of the House of
4275Representatives for statewide implementation of all components
4276of the system, if warranted. This plan must also include
4277recommendations for incorporating additional public assistance
4278and human services programs into the Comprehensive Health and
4279Human Services Eligibility Access System.
4280     Section 154.  Paragraph (i) of subsection (3) of section
4281408.915, Florida Statutes, is amended to read:
4282     408.915  Eligibility pilot project.--The Agency for Health
4283Care Administration, in consultation with the steering committee
4284established in s. 408.916, shall develop and implement a pilot
4285project to integrate the determination of eligibility for health
4286care services with information and referral services.
4287     (3)  The information and referral provider in the site
4288selected as the pilot project shall, at a minimum:
4289     (i)  Provide periodic reports to the Governor, the
4290President of the Senate, and the Speaker of the House of
4291Representatives on the use of the information and referral
4292system and on measures that demonstrate the effectiveness and
4293efficiency of the information and referral services provided.
4294     Section 155.  Section 408.917, Florida Statutes, is
4295repealed.
4296     Section 156.  Paragraph (b) of subsection (7) of section
4297409.1451, Florida Statutes, is amended to read:
4298     409.1451  Independent living transition services.--
4299     (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
4300Secretary of Children and Family Services shall establish the
4301Independent Living Services Advisory Council for the purpose of
4302reviewing and making recommendations concerning the
4303implementation and operation of the independent living
4304transition services. This advisory council shall continue to
4305function as specified in this subsection until the Legislature
4306determines that the advisory council can no longer provide a
4307valuable contribution to the department's efforts to achieve the
4308goals of the independent living transition services.
4309     (b)  The advisory council shall report to the secretary
4310appropriate substantive committees of the Senate and the House
4311of Representatives on the status of the implementation of the
4312system of independent living transition services; efforts to
4313publicize the availability of aftercare support services, the
4314Road-to-Independence Scholarship Program, and transitional
4315support services; specific barriers to financial aid created by
4316the scholarship and possible solutions; the success of the
4317services; problems identified; recommendations for department or
4318legislative action; and the department's implementation of the
4319recommendations contained in the Independent Living Services
4320Integration Workgroup Report submitted to the Senate and the
4321House substantive committees December 31, 2002. The department
4322shall submit a report by December 31 of each year to the
4323Governor and Legislature This advisory council report shall be
4324submitted by December 31 of each year that the council is in
4325existence and shall be accompanied by a report from the
4326department which includes a summary of the factors reported on
4327by the council and identifies the recommendations of the
4328advisory council and either describes the department's actions
4329to implement these recommendations or provides the department's
4330rationale for not implementing the recommendations.
4331     Section 157.  Section 409.146, Florida Statutes, is
4332repealed.
4333     Section 158.  Section 409.152, Florida Statutes, is
4334repealed.
4335     Section 159.  Subsections (1) and (2) of section 409.1679,
4336Florida Statutes, are amended to read:
4337     409.1679  Additional requirements;, effective date,
4338reimbursement methodology, and evaluation.--
4339     (1)  The programs established under ss. 409.1676 and
4340409.1677 are to be operational within 6 months after those
4341sections take effect, and, beginning 1 month after this section
4342takes effect and continuing until full operation of those
4343programs is realized, the department shall provide to the
4344Legislature monthly written status reports on the progress
4345toward implementing those programs.
4346     (2)  The programs established under ss. 409.1676 and
4347409.1677 must be included as part of the annual evaluation
4348currently required under s. 409.1671. With respect to these
4349specific programs and models, the annual evaluation must be
4350conducted by an independent third party and must include, by
4351specific site, the level of attainment of the targeted outcomes
4352listed in subsection (3). The evaluation of the model programs
4353must include, at a minimum, an assessment of their cost-
4354effectiveness, of their ability to successfully implement the
4355assigned program elements, and of their attainment of
4356performance standards that include legislatively established
4357standards for similar programs and other standards determined
4358jointly by the department and the providers and stated in a
4359contract.
4360     Section 160.  Section 409.1685, Florida Statutes, is
4361amended to read:
4362     409.1685  Children in foster care; annual report to
4363Legislature.--The Department of Children and Family Services
4364shall submit a written report to the Governor and substantive
4365committees of the Legislature concerning the status of children
4366in foster care and concerning the judicial review mandated by
4367part X of chapter 39. This report shall be submitted by May
4368March 1 of each year and shall include the following information
4369for the prior calendar year:
4370     (1)  The number of 6-month and annual judicial reviews
4371completed during that period.
4372     (2)  The number of children in foster care returned to a
4373parent, guardian, or relative as a result of a 6-month or annual
4374judicial review hearing during that period.
4375     (3)  The number of termination of parental rights
4376proceedings instituted during that period which shall include:
4377     (a)  The number of termination of parental rights
4378proceedings initiated pursuant to s. 39.703; and
4379     (b)  The total number of terminations of parental rights
4380ordered.
4381     (4)  The number of foster care children placed for adoption
4382during that period.
4383     Section 161.  Paragraph (d) of subsection (5) of section
4384409.178, Florida Statutes, is amended to read:
4385     409.178  Child Care Executive Partnership Act; findings and
4386intent; grant; limitation; rules.--
4387     (5)
4388     (d)  Each community coordinated child care agency shall be
4389required to establish a community child care task force for each
4390child care purchasing pool. The task force must be composed of
4391employers, parents, private child care providers, and one
4392representative from the local children's services council, if
4393one exists in the area of the purchasing pool. The community
4394coordinated child care agency is expected to recruit the task
4395force members from existing child care councils, commissions, or
4396task forces already operating in the area of a purchasing pool.
4397A majority of the task force shall consist of employers. Each
4398task force shall develop a plan for the use of child care
4399purchasing pool funds. The plan must show how many children will
4400be served by the purchasing pool, how many will be new to
4401receiving child care services, and how the community coordinated
4402child care agency intends to attract new employers and their
4403employees to the program.
4404     Section 162.  Paragraph (k) of subsection (4) of section
4405409.221, Florida Statutes, is amended to read:
4406     409.221  Consumer-directed care program.--
4407     (4)  CONSUMER-DIRECTED CARE.--
4408     (k)  Reviews and reports.--The agency and the Departments
4409of Elderly Affairs, Health, and Children and Family Services
4410shall each, on an ongoing basis, review and assess the
4411implementation of the consumer-directed care program. By January
441215 of each year, the agency shall submit a written report to the
4413Legislature that includes each department's review of the
4414program and contains recommendations for improvements to the
4415program.
4416     Section 163.  Paragraph (a) of subsection (3) of section
4417409.25575, Florida Statutes, is amended to read:
4418     409.25575  Support enforcement; privatization.--
4419     (3)(a)  The department shall establish a quality assurance
4420program for the privatization of services. The quality assurance
4421program must include standards for each specific component of
4422these services. The department shall establish minimum
4423thresholds for each component. Each program operated pursuant to
4424contract must be evaluated annually by the department or by an
4425objective competent entity designated by the department under
4426the provisions of the quality assurance program. The evaluation
4427must be financed from cost savings associated with the
4428privatization of services. The department shall submit an annual
4429report regarding quality performance, outcome measure
4430attainment, and cost efficiency to the President of the Senate,
4431the Speaker of the House of Representatives, the Minority leader
4432of each house of the Legislature, and the Governor no later than
4433January 31 of each year, beginning in 1999. The quality
4434assurance program must be financed through administrative
4435savings generated by this act.
4436     Section 164.  Subsection (7) of section 409.2558, Florida
4437Statutes, is amended to read:
4438     409.2558  Support distribution and disbursement.--
4439     (7)  RULEMAKING AUTHORITY.--The department may adopt rules
4440to administer this section. The department shall provide a draft
4441of the proposed concepts for the rule for the undistributable
4442collections to interested parties for review and recommendations
4443prior to full development of the rule and initiating the formal
4444rule-development process. The department shall consider but is
4445not required to implement the recommendations. The department
4446shall provide a report to the President of the Senate and the
4447Speaker of the House of Representatives containing the
4448recommendations received from interested parties and the
4449department's response regarding incorporating the
4450recommendations into the rule.
4451     Section 165.  Section 409.2567, Florida Statutes, is
4452amended to read:
4453     409.2567  Services to individuals not otherwise
4454eligible.--All support services provided by the department shall
4455be made available on behalf of all dependent children. Services
4456shall be provided upon acceptance of public assistance or upon
4457proper application filed with the department. The department
4458shall adopt rules to provide for the payment of a $25
4459application fee from each applicant who is not a public
4460assistance recipient. The application fee shall be deposited in
4461the Child Support Enforcement Application and Program Revenue
4462Trust Fund within the Department of Revenue to be used for the
4463Child Support Enforcement Program. The obligor is responsible
4464for all administrative costs, as defined in s. 409.2554. The
4465court shall order payment of administrative costs without
4466requiring the department to have a member of the bar testify or
4467submit an affidavit as to the reasonableness of the costs. An
4468attorney-client relationship exists only between the department
4469and the legal services providers in Title IV-D cases. The
4470attorney shall advise the obligee in Title IV-D cases that the
4471attorney represents the agency and not the obligee. In Title IV-
4472D cases, any costs, including filing fees, recording fees,
4473mediation costs, service of process fees, and other expenses
4474incurred by the clerk of the circuit court, shall be assessed
4475only against the nonprevailing obligor after the court makes a
4476determination of the nonprevailing obligor's ability to pay such
4477costs and fees. In any case where the court does not award all
4478costs, the court shall state in the record its reasons for not
4479awarding the costs. The Department of Revenue shall not be
4480considered a party for purposes of this section; however, fees
4481may be assessed against the department pursuant to s. 57.105(1).
4482The department shall submit a monthly report to the Governor and
4483the chairs of the Health and Human Services Fiscal Committee of
4484the House of Representatives and the Ways and Means Committee of
4485the Senate specifying the funds identified for collection from
4486the noncustodial parents of children receiving temporary
4487assistance and the amounts actually collected.
4488     Section 166.  Subsection (3) of section 409.441, Florida
4489Statutes, is amended to read:
4490     409.441  Runaway youth programs and centers.--
4491     (3)  STATE PLAN FOR THE HANDLING OF RUNAWAY YOUTHS.--
4492     (a)  The department shall develop a state plan for the
4493handling of runaway youths and for providing services connected
4494with the runaway problem. The plan shall be submitted to the
4495Speaker of the House of Representatives, the President of the
4496Senate, and the Governor no later than February 1, 1984.
4497     (b)  The plan shall include:
4498     1.  Needs assessments for the state and for each district;
4499     2.  Criteria and procedures for handling and referral of
4500troubled youths and runaway youths using the least restrictive
4501alternatives available;
4502     3.  Provisions for contacting parents or guardians;
4503     4.  Policy for coordinating relationships between involved
4504agencies, runaway youth centers, law enforcement agencies, and
4505the department;
4506     5.  Statewide statistics on client groups;
4507     6.  Funding formulas for runaway youth centers which
4508provide standard services and receive state funds; and
4509     7.  Standards and program goals for runaway youth centers,
4510with emphasis on early intervention and aftercare.
4511     Section 167.  Subsection (24) of section 409.906, Florida
4512Statutes, is amended to read:
4513     409.906  Optional Medicaid services.--Subject to specific
4514appropriations, the agency may make payments for services which
4515are optional to the state under Title XIX of the Social Security
4516Act and are furnished by Medicaid providers to recipients who
4517are determined to be eligible on the dates on which the services
4518were provided. Any optional service that is provided shall be
4519provided only when medically necessary and in accordance with
4520state and federal law. Optional services rendered by providers
4521in mobile units to Medicaid recipients may be restricted or
4522prohibited by the agency. Nothing in this section shall be
4523construed to prevent or limit the agency from adjusting fees,
4524reimbursement rates, lengths of stay, number of visits, or
4525number of services, or making any other adjustments necessary to
4526comply with the availability of moneys and any limitations or
4527directions provided for in the General Appropriations Act or
4528chapter 216. If necessary to safeguard the state's systems of
4529providing services to elderly and disabled persons and subject
4530to the notice and review provisions of s. 216.177, the Governor
4531may direct the Agency for Health Care Administration to amend
4532the Medicaid state plan to delete the optional Medicaid service
4533known as "Intermediate Care Facilities for the Developmentally
4534Disabled." Optional services may include:
4535     (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The Agency
4536for Health Care Administration, in consultation with the
4537Department of Children and Family Services, may establish a
4538targeted case-management project in those counties identified by
4539the Department of Children and Family Services and for all
4540counties with a community-based child welfare project, as
4541authorized under s. 409.1671, which have been specifically
4542approved by the department. Results of targeted case management
4543projects shall be reported to the Social Services Estimating
4544Conference established under s. 216.136. The covered group of
4545individuals who are eligible to receive targeted case management
4546include children who are eligible for Medicaid; who are between
4547the ages of birth through 21; and who are under protective
4548supervision or postplacement supervision, under foster-care
4549supervision, or in shelter care or foster care. The number of
4550individuals who are eligible to receive targeted case management
4551shall be limited to the number for whom the Department of
4552Children and Family Services has available matching funds to
4553cover the costs. The general revenue funds required to match the
4554funds for services provided by the community-based child welfare
4555projects are limited to funds available for services described
4556under s. 409.1671. The Department of Children and Family
4557Services may transfer the general revenue matching funds as
4558billed by the Agency for Health Care Administration.
4559     Section 168.  Subsections (4) and (5) of section 409.9065,
4560Florida Statutes, are amended to read:
4561     409.9065  Pharmaceutical expense assistance.--
4562     (4)  ADMINISTRATION.--The pharmaceutical expense assistance
4563program shall be administered by the agency, in collaboration
4564with the Department of Elderly Affairs and the Department of
4565Children and Family Services.
4566     (a)  The agency shall, by rule, establish for the
4567pharmaceutical expense assistance program eligibility
4568requirements; limits on participation; benefit limitations,
4569including copayments; a requirement for generic drug
4570substitution; and other program parameters comparable to those
4571of the Medicaid program. Individuals eligible to participate in
4572this program are not subject to the limit of four brand name
4573drugs per month per recipient as specified in s. 409.912(40)(a).
4574There shall be no monetary limit on prescription drugs purchased
4575with discounts of less than 51 percent unless the agency
4576determines there is a risk of a funding shortfall in the
4577program. If the agency determines there is a risk of a funding
4578shortfall, the agency may establish monetary limits on
4579prescription drugs which shall not be less than $160 worth of
4580prescription drugs per month.
4581     (b)  By January 1 of each year, the agency shall report to
4582the Legislature on the operation of the program. The report
4583shall include information on the number of individuals served,
4584use rates, and expenditures under the program. The report shall
4585also address the impact of the program on reducing unmet
4586pharmaceutical drug needs among the elderly and recommend
4587programmatic changes.
4588     (5)  NONENTITLEMENT.--The pharmaceutical expense assistance
4589program established by this section is not an entitlement.
4590Enrollment levels are limited to those authorized by the
4591Legislature in the annual General Appropriations Act. If, after
4592establishing monetary limits as required by subsection paragraph
4593(4)(a), funds are insufficient to serve all eligible individuals
4594seeking coverage, the agency may develop a waiting list based on
4595application dates to use in enrolling individuals in unfilled
4596enrollment slots.
4597     Section 169.  Section 409.91188, Florida Statutes, is
4598amended to read:
4599     409.91188  Specialty prepaid health plans for Medicaid
4600recipients with HIV or AIDS.--The agency for Health Care
4601Administration is authorized to contract with specialty prepaid
4602health plans and pay them on a prepaid capitated basis to
4603provide Medicaid benefits to Medicaid-eligible recipients who
4604have human immunodeficiency syndrome (HIV) or acquired
4605immunodeficiency syndrome (AIDS). The agency shall apply for and
4606is authorized to implement federal waivers or other necessary
4607federal authorization to implement the prepaid health plans
4608authorized by this section. The agency shall procure the
4609specialty prepaid health plans through a competitive
4610procurement. In awarding a contract to a managed care plan, the
4611agency shall take into account price, quality, accessibility,
4612linkages to community-based organizations, and the
4613comprehensiveness of the benefit package offered by the plan.
4614The agency may bid the HIV/AIDS specialty plans on a county,
4615regional, or statewide basis. Qualified plans must be licensed
4616under chapter 641. The agency shall monitor and evaluate the
4617implementation of this waiver program if it is approved by the
4618Federal Government and shall report on its status to the
4619President of the Senate and the Speaker of the House of
4620Representatives by February 1, 2001. To improve coordination of
4621medical care delivery and to increase cost efficiency for the
4622Medicaid program in treating HIV disease, the agency for Health
4623Care Administration shall seek all necessary federal waivers to
4624allow participation in the Medipass HIV disease management
4625program for Medicare beneficiaries who test positive for HIV
4626infection and who also qualify for Medicaid benefits such as
4627prescription medications not covered by Medicare.
4628     Section 170.  Paragraphs (b) and (c) of subsection (4),
4629subsection (5), paragraph (c) of subsection (21), subsections
4630(29), (41), and (44), and paragraph (c) of subsection (49) of
4631section 409.912, Florida Statutes, are amended to read:
4632     409.912  Cost-effective purchasing of health care.--The
4633agency shall purchase goods and services for Medicaid recipients
4634in the most cost-effective manner consistent with the delivery
4635of quality medical care. To ensure that medical services are
4636effectively utilized, the agency may, in any case, require a
4637confirmation or second physician's opinion of the correct
4638diagnosis for purposes of authorizing future services under the
4639Medicaid program. This section does not restrict access to
4640emergency services or poststabilization care services as defined
4641in 42 C.F.R. part 438.114. Such confirmation or second opinion
4642shall be rendered in a manner approved by the agency. The agency
4643shall maximize the use of prepaid per capita and prepaid
4644aggregate fixed-sum basis services when appropriate and other
4645alternative service delivery and reimbursement methodologies,
4646including competitive bidding pursuant to s. 287.057, designed
4647to facilitate the cost-effective purchase of a case-managed
4648continuum of care. The agency shall also require providers to
4649minimize the exposure of recipients to the need for acute
4650inpatient, custodial, and other institutional care and the
4651inappropriate or unnecessary use of high-cost services. The
4652agency may mandate prior authorization, drug therapy management,
4653or disease management participation for certain populations of
4654Medicaid beneficiaries, certain drug classes, or particular
4655drugs to prevent fraud, abuse, overuse, and possible dangerous
4656drug interactions. The Pharmaceutical and Therapeutics Committee
4657shall make recommendations to the agency on drugs for which
4658prior authorization is required. The agency shall inform the
4659Pharmaceutical and Therapeutics Committee of its decisions
4660regarding drugs subject to prior authorization. The agency is
4661authorized to limit the entities it contracts with or enrolls as
4662Medicaid providers by developing a provider network through
4663provider credentialing. The agency may limit its network based
4664on the assessment of beneficiary access to care, provider
4665availability, provider quality standards, time and distance
4666standards for access to care, the cultural competence of the
4667provider network, demographic characteristics of Medicaid
4668beneficiaries, practice and provider-to-beneficiary standards,
4669appointment wait times, beneficiary use of services, provider
4670turnover, provider profiling, provider licensure history,
4671previous program integrity investigations and findings, peer
4672review, provider Medicaid policy and billing compliance records,
4673clinical and medical record audits, and other factors. Providers
4674shall not be entitled to enrollment in the Medicaid provider
4675network. The agency is authorized to seek federal waivers
4676necessary to implement this policy.
4677     (4)  The agency may contract with:
4678     (b)  An entity that is providing comprehensive behavioral
4679health care services to certain Medicaid recipients through a
4680capitated, prepaid arrangement pursuant to the federal waiver
4681provided for by s. 409.905(5). Such an entity must be licensed
4682under chapter 624, chapter 636, or chapter 641 and must possess
4683the clinical systems and operational competence to manage risk
4684and provide comprehensive behavioral health care to Medicaid
4685recipients. As used in this paragraph, the term "comprehensive
4686behavioral health care services" means covered mental health and
4687substance abuse treatment services that are available to
4688Medicaid recipients. The secretary of the Department of Children
4689and Family Services shall approve provisions of procurements
4690related to children in the department's care or custody prior to
4691enrolling such children in a prepaid behavioral health plan. Any
4692contract awarded under this paragraph must be competitively
4693procured. In developing the behavioral health care prepaid plan
4694procurement document, the agency shall ensure that the
4695procurement document must require requires the contractor to
4696develop and implement a plan to ensure compliance with s.
4697394.4574 related to services provided to residents of licensed
4698assisted living facilities that hold a limited mental health
4699license. Except as provided in subparagraph 6. 8., the agency
4700shall seek federal approval to contract with a single entity
4701meeting these requirements to provide comprehensive behavioral
4702health care services to all Medicaid recipients not enrolled in
4703a managed care plan in an AHCA area. Each entity must offer
4704sufficient choice of providers in its network to ensure
4705recipient access to care and the opportunity to select a
4706provider with whom they are satisfied. The network shall include
4707all public mental health hospitals. To ensure unimpaired access
4708to behavioral health care services by Medicaid recipients, all
4709contracts issued pursuant to this paragraph shall require 80
4710percent of the capitation paid to the managed care plan,
4711including health maintenance organizations, to be expended for
4712the provision of behavioral health care services. In the event
4713the managed care plan expends less than 80 percent of the
4714capitation paid pursuant to this paragraph for the provision of
4715behavioral health care services, the difference shall be
4716returned to the agency. The agency shall provide the managed
4717care plan with a certification letter indicating the amount of
4718capitation paid during each calendar year for the provision of
4719behavioral health care services pursuant to this section. The
4720agency may reimburse for substance abuse treatment services on a
4721fee-for-service basis until the agency finds that adequate funds
4722are available for capitated, prepaid arrangements.
4723     1.  By January 1, 2001, the agency shall modify the
4724contracts with the entities providing comprehensive inpatient
4725and outpatient mental health care services to Medicaid
4726recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
4727Counties, to include substance abuse treatment services.
4728     2.  By July 1, 2003, the agency and the Department of
4729Children and Family Services shall execute a written agreement
4730that requires collaboration and joint development of all policy,
4731budgets, procurement documents, contracts, and monitoring plans
4732that have an impact on the state and Medicaid community mental
4733health and targeted case management programs.
4734     1.3.  Except as provided in subparagraph 6. 8., by July 1,
47352006, the agency and the Department of Children and Family
4736Services shall contract with managed care entities in each AHCA
4737area except area 6 or arrange to provide comprehensive inpatient
4738and outpatient mental health and substance abuse services
4739through capitated prepaid arrangements to all Medicaid
4740recipients who are eligible to participate in such plans under
4741federal law and regulation. In AHCA areas where eligible
4742individuals number less than 150,000, the agency shall contract
4743with a single managed care plan to provide comprehensive
4744behavioral health services to all recipients who are not
4745enrolled in a Medicaid health maintenance organization. The
4746agency may contract with more than one comprehensive behavioral
4747health provider to provide care to recipients who are not
4748enrolled in a Medicaid health maintenance organization in AHCA
4749areas where the eligible population exceeds 150,000. Contracts
4750for comprehensive behavioral health providers awarded pursuant
4751to this section shall be competitively procured. Both for-profit
4752and not-for-profit corporations shall be eligible to compete.
4753Managed care plans contracting with the agency under subsection
4754(3) shall provide and receive payment for the same comprehensive
4755behavioral health benefits as provided in AHCA rules, including
4756handbooks incorporated by reference.
4757     4.  By October 1, 2003, the agency and the department shall
4758submit a plan to the Governor, the President of the Senate, and
4759the Speaker of the House of Representatives which provides for
4760the full implementation of capitated prepaid behavioral health
4761care in all areas of the state.
4762     a.  Implementation shall begin in 2003 in those AHCA areas
4763of the state where the agency is able to establish sufficient
4764capitation rates.
4765     2.b.  If the agency determines that the proposed capitation
4766rate in any area is insufficient to provide appropriate
4767services, the agency may adjust the capitation rate to ensure
4768that care will be available. The agency and the department may
4769use existing general revenue to address any additional required
4770match but may not over-obligate existing funds on an annualized
4771basis.
4772     c.  Subject to any limitations provided for in the General
4773Appropriations Act, the agency, in compliance with appropriate
4774federal authorization, shall develop policies and procedures
4775that allow for certification of local and state funds.
4776     3.5.  Children residing in a statewide inpatient
4777psychiatric program, or in a Department of Juvenile Justice or a
4778Department of Children and Family Services residential program
4779approved as a Medicaid behavioral health overlay services
4780provider shall not be included in a behavioral health care
4781prepaid health plan or any other Medicaid managed care plan
4782pursuant to this paragraph.
4783     4.6.  In converting to a prepaid system of delivery, the
4784agency shall in its procurement document require an entity
4785providing only comprehensive behavioral health care services to
4786prevent the displacement of indigent care patients by enrollees
4787in the Medicaid prepaid health plan providing behavioral health
4788care services from facilities receiving state funding to provide
4789indigent behavioral health care, to facilities licensed under
4790chapter 395 which do not receive state funding for indigent
4791behavioral health care, or reimburse the unsubsidized facility
4792for the cost of behavioral health care provided to the displaced
4793indigent care patient.
4794     5.7.  Traditional community mental health providers under
4795contract with the Department of Children and Family Services
4796pursuant to part IV of chapter 394, child welfare providers
4797under contract with the Department of Children and Family
4798Services in areas 1 and 6, and inpatient mental health providers
4799licensed pursuant to chapter 395 must be offered an opportunity
4800to accept or decline a contract to participate in any provider
4801network for prepaid behavioral health services.
4802     6.8.  For fiscal year 2004-2005, all Medicaid eligible
4803children, except children in areas 1 and 6, whose cases are open
4804for child welfare services in the HomeSafeNet system, shall be
4805enrolled in MediPass or in Medicaid fee-for-service and all
4806their behavioral health care services including inpatient,
4807outpatient psychiatric, community mental health, and case
4808management shall be reimbursed on a fee-for-service basis.
4809Beginning July 1, 2005, such children, who are open for child
4810welfare services in the HomeSafeNet system, shall receive their
4811behavioral health care services through a specialty prepaid plan
4812operated by community-based lead agencies either through a
4813single agency or formal agreements among several agencies. The
4814specialty prepaid plan must result in savings to the state
4815comparable to savings achieved in other Medicaid managed care
4816and prepaid programs. Such plan must provide mechanisms to
4817maximize state and local revenues. The specialty prepaid plan
4818shall be developed by the agency and the Department of Children
4819and Family Services. The agency is authorized to seek any
4820federal waivers to implement this initiative.
4821     (c)  A federally qualified health center or an entity owned
4822by one or more federally qualified health centers or an entity
4823owned by other migrant and community health centers receiving
4824non-Medicaid financial support from the Federal Government to
4825provide health care services on a prepaid or fixed-sum basis to
4826recipients. Such prepaid health care services entity must be
4827licensed under parts I and III of chapter 641, but shall be
4828prohibited from serving Medicaid recipients on a prepaid basis,
4829until such licensure has been obtained. However, such an entity
4830is exempt from s. 641.225 if the entity meets the requirements
4831specified in subsections (16)(17) and (17)(18).
4832     (5)  By October 1, 2003, the agency and the department
4833shall, to the extent feasible, develop a plan for implementing
4834new Medicaid procedure codes for emergency and crisis care,
4835supportive residential services, and other services designed to
4836maximize the use of Medicaid funds for Medicaid-eligible
4837recipients. The agency shall include in the agreement developed
4838pursuant to subsection (4) a provision that ensures that the
4839match requirements for these new procedure codes are met by
4840certifying eligible general revenue or local funds that are
4841currently expended on these services by the department with
4842contracted alcohol, drug abuse, and mental health providers. The
4843plan must describe specific procedure codes to be implemented, a
4844projection of the number of procedures to be delivered during
4845fiscal year 2003-2004, and a financial analysis that describes
4846the certified match procedures, and accountability mechanisms,
4847projects the earnings associated with these procedures, and
4848describes the sources of state match. This plan may not be
4849implemented in any part until approved by the Legislative Budget
4850Commission. If such approval has not occurred by December 31,
48512003, the plan shall be submitted for consideration by the 2004
4852Legislature.
4853     (20)(21)  Any entity contracting with the agency pursuant
4854to this section to provide health care services to Medicaid
4855recipients is prohibited from engaging in any of the following
4856practices or activities:
4857     (c)  Granting or offering of any monetary or other valuable
4858consideration for enrollment, except as authorized by subsection
4859(23)(24).
4860     (28)(29)  The agency shall perform enrollments and
4861disenrollments for Medicaid recipients who are eligible for
4862MediPass or managed care plans. Notwithstanding the prohibition
4863contained in paragraph (20)(21)(f), managed care plans may
4864perform preenrollments of Medicaid recipients under the
4865supervision of the agency or its agents. For the purposes of
4866this section, "preenrollment" means the provision of marketing
4867and educational materials to a Medicaid recipient and assistance
4868in completing the application forms, but shall not include
4869actual enrollment into a managed care plan. An application for
4870enrollment shall not be deemed complete until the agency or its
4871agent verifies that the recipient made an informed, voluntary
4872choice. The agency, in cooperation with the Department of
4873Children and Family Services, may test new marketing initiatives
4874to inform Medicaid recipients about their managed care options
4875at selected sites. The agency shall report to the Legislature on
4876the effectiveness of such initiatives. The agency may contract
4877with a third party to perform managed care plan and MediPass
4878enrollment and disenrollment services for Medicaid recipients
4879and is authorized to adopt rules to implement such services. The
4880agency may adjust the capitation rate only to cover the costs of
4881a third-party enrollment and disenrollment contract, and for
4882agency supervision and management of the managed care plan
4883enrollment and disenrollment contract.
4884     (40)(41)  The agency shall provide for the development of a
4885demonstration project by establishment in Miami-Dade County of a
4886long-term-care facility licensed pursuant to chapter 395 to
4887improve access to health care for a predominantly minority,
4888medically underserved, and medically complex population and to
4889evaluate alternatives to nursing home care and general acute
4890care for such population. Such project is to be located in a
4891health care condominium and colocated with licensed facilities
4892providing a continuum of care. The establishment of this project
4893is not subject to the provisions of s. 408.036 or s. 408.039.
4894The agency shall report its findings to the Governor, the
4895President of the Senate, and the Speaker of the House of
4896Representatives by January 1, 2003.
4897     (43)(44)  The Agency for Health Care Administration shall
4898ensure that any Medicaid managed care plan as defined in s.
4899409.9122(2)(h), whether paid on a capitated basis or a shared
4900savings basis, is cost-effective. For purposes of this
4901subsection, the term "cost-effective" means that a network's
4902per-member, per-month costs to the state, including, but not
4903limited to, fee-for-service costs, administrative costs, and
4904case-management fees, must be no greater than the state's costs
4905associated with contracts for Medicaid services established
4906under subsection (3), which shall be actuarially adjusted for
4907case mix, model, and service area. The agency shall conduct
4908actuarially sound audits adjusted for case mix and model in
4909order to ensure such cost-effectiveness and shall publish the
4910audit results on its Internet website and submit the audit
4911results annually to the Governor, the President of the Senate,
4912and the Speaker of the House of Representatives no later than
4913December 31 of each year. Contracts established pursuant to this
4914subsection which are not cost-effective may not be renewed.
4915     (48)(49)  The agency shall contract with established
4916minority physician networks that provide services to
4917historically underserved minority patients. The networks must
4918provide cost-effective Medicaid services, comply with the
4919requirements to be a MediPass provider, and provide their
4920primary care physicians with access to data and other management
4921tools necessary to assist them in ensuring the appropriate use
4922of services, including inpatient hospital services and
4923pharmaceuticals.
4924     (c)  For purposes of this subsection, the term "cost-
4925effective" means that a network's per-member, per-month costs to
4926the state, including, but not limited to, fee-for-service costs,
4927administrative costs, and case-management fees, must be no
4928greater than the state's costs associated with contracts for
4929Medicaid services established under subsection (3), which shall
4930be actuarially adjusted for case mix, model, and service area.
4931The agency shall conduct actuarially sound audits adjusted for
4932case mix and model in order to ensure such cost-effectiveness
4933and shall publish the audit results on its Internet website and
4934submit the audit results annually to the Governor, the President
4935of the Senate, and the Speaker of the House of Representatives
4936no later than December 31. Contracts established pursuant to
4937this subsection which are not cost-effective may not be renewed.
4938     Section 171.  Paragraph (a) of subsection (4) of section
4939394.9082, Florida Statutes, is amended to read:
4940     394.9082  Behavioral health service delivery strategies.--
4941     (4)  CONTRACT FOR SERVICES.--
4942     (a)  The Department of Children and Family Services and the
4943Agency for Health Care Administration may contract for the
4944provision or management of behavioral health services with a
4945managing entity in at least two geographic areas. Both the
4946Department of Children and Family Services and the Agency for
4947Health Care Administration must contract with the same managing
4948entity in any distinct geographic area where the strategy
4949operates. This managing entity shall be accountable at a minimum
4950for the delivery of behavioral health services specified and
4951funded by the department and the agency. The geographic area
4952must be of sufficient size in population and have enough public
4953funds for behavioral health services to allow for flexibility
4954and maximum efficiency. Notwithstanding the provisions of s.
4955409.912(4)(b)1., At least one service delivery strategy must be
4956in one of the service districts in the catchment area of G.
4957Pierce Wood Memorial Hospital.
4958     Section 172.  Paragraph (a) of subsection (4) of section
4959409.9065, Florida Statutes, is amended to read:
4960     409.9065  Pharmaceutical expense assistance.--
4961     (4)  ADMINISTRATION.--The pharmaceutical expense assistance
4962program shall be administered by the agency, in collaboration
4963with the Department of Elderly Affairs and the Department of
4964Children and Family Services.
4965     (a)  The agency shall, by rule, establish for the
4966pharmaceutical expense assistance program eligibility
4967requirements; limits on participation; benefit limitations,
4968including copayments; a requirement for generic drug
4969substitution; and other program parameters comparable to those
4970of the Medicaid program. Individuals eligible to participate in
4971this program are not subject to the limit of four brand name
4972drugs per month per recipient as specified in s.
4973409.912(39)(40)(a). There shall be no monetary limit on
4974prescription drugs purchased with discounts of less than 51
4975percent unless the agency determines there is a risk of a
4976funding shortfall in the program. If the agency determines there
4977is a risk of a funding shortfall, the agency may establish
4978monetary limits on prescription drugs which shall not be less
4979than $160 worth of prescription drugs per month.
4980     Section 173.  Subsections (1) and (2) of section 409.91196,
4981Florida Statutes, are amended to read:
4982     409.91196  Supplemental rebate agreements; confidentiality
4983of records and meetings.--
4984     (1)  Trade secrets, rebate amount, percent of rebate,
4985manufacturer's pricing, and supplemental rebates which are
4986contained in records of the Agency for Health Care
4987Administration and its agents with respect to supplemental
4988rebate negotiations and which are prepared pursuant to a
4989supplemental rebate agreement under s. 409.912(39)(40)(a)7. are
4990confidential and exempt from s. 119.07 and s. 24(a), Art. I of
4991the State Constitution.
4992     (2)  Those portions of meetings of the Medicaid
4993Pharmaceutical and Therapeutics Committee at which trade
4994secrets, rebate amount, percent of rebate, manufacturer's
4995pricing, and supplemental rebates are disclosed for discussion
4996or negotiation of a supplemental rebate agreement under s.
4997409.912(39)(40)(a)7. are exempt from s. 286.011 and s. 24(b),
4998Art. I of the State Constitution.
4999     Section 174.  Subsection (4) of section 641.386, Florida
5000Statutes, is amended to read:
5001     641.386  Agent licensing and appointment required;
5002exceptions.--
5003     (4)  All agents and health maintenance organizations shall
5004comply with and be subject to the applicable provisions of ss.
5005641.309 and 409.912(20)(21), and all companies and entities
5006appointing agents shall comply with s. 626.451, when marketing
5007for any health maintenance organization licensed pursuant to
5008this part, including those organizations under contract with the
5009Agency for Health Care Administration to provide health care
5010services to Medicaid recipients or any private entity providing
5011health care services to Medicaid recipients pursuant to a
5012prepaid health plan contract with the Agency for Health Care
5013Administration.
5014     Section 175.  Section 410.0245, Florida Statutes, is
5015repealed.
5016     Section 176.  Subsection (10) of section 410.604, Florida
5017Statutes, is amended to read:
5018     410.604  Community care for disabled adults program; powers
5019and duties of the department.--
5020     (10)  Beginning October 1, 1989, the department shall
5021biennially evaluate the progress of the community care for
5022disabled adults program and submit such evaluation to the
5023Speaker of the House of Representatives and the President of the
5024Senate.
5025     Section 177.  Section 411.221, Florida Statutes, is
5026repealed.
5027     Section 178.  Paragraph (d) of subsection (5) of section
5028411.01, Florida Statutes, as amended by chapter 2004-484, Laws
5029of Florida, is amended to read:
5030     411.01  School readiness programs; early learning
5031coalitions.--
5032     (5)  CREATION OF EARLY LEARNING COALITIONS.--
5033     (d)  Implementation.--
5034     1.  An early learning coalition may not implement the
5035school readiness program until the coalition is authorized
5036through approval of the coalition's school readiness plan by the
5037Agency for Workforce Innovation.
5038     2.  Each early learning coalition shall develop a plan for
5039implementing the school readiness program to meet the
5040requirements of this section and the performance standards and
5041outcome measures adopted by the Agency for Workforce Innovation.
5042The plan must demonstrate how the program will ensure that each
50433-year-old and 4-year-old child in a publicly funded school
5044readiness program receives scheduled activities and instruction
5045designed to enhance the age-appropriate progress of the children
5046in attaining the performance standards adopted by the Agency for
5047Workforce Innovation under subparagraph (4)(d)8. Before
5048implementing the school readiness program, the early learning
5049coalition must submit the plan to the Agency for Workforce
5050Innovation for approval. The Agency for Workforce Innovation may
5051approve the plan, reject the plan, or approve the plan with
5052conditions. The Agency for Workforce Innovation shall review
5053school readiness plans at least annually.
5054     3.  If the Agency for Workforce Innovation determines
5055during the annual review of school readiness plans, or through
5056monitoring and performance evaluations conducted under paragraph
5057(4)(l), that an early learning coalition has not substantially
5058implemented its plan, has not substantially met the performance
5059standards and outcome measures adopted by the agency, or has not
5060effectively administered the school readiness program or
5061Voluntary Prekindergarten Education Program, the Agency for
5062Workforce Innovation may dissolve the coalition and temporarily
5063contract with a qualified entity to continue school readiness
5064and prekindergarten services in the coalition's county or
5065multicounty region until the coalition is reestablished through
5066resubmission of a school readiness plan and approval by the
5067agency.
5068     4.  The Agency for Workforce Innovation shall adopt
5069criteria for the approval of school readiness plans. The
5070criteria must be consistent with the performance standards and
5071outcome measures adopted by the agency and must require each
5072approved plan to include the following minimum standards and
5073provisions:
5074     a.  A sliding fee scale establishing a copayment for
5075parents based upon their ability to pay, which is the same for
5076all program providers, to be implemented and reflected in each
5077program's budget.
5078     b.  A choice of settings and locations in licensed,
5079registered, religious-exempt, or school-based programs to be
5080provided to parents.
5081     c.  Instructional staff who have completed the training
5082course as required in s. 402.305(2)(d)1., as well as staff who
5083have additional training or credentials as required by the
5084Agency for Workforce Innovation. The plan must provide a method
5085for assuring the qualifications of all personnel in all program
5086settings.
5087     d.  Specific eligibility priorities for children within the
5088early learning coalition's county or multicounty region in
5089accordance with subsection (6).
5090     e.  Performance standards and outcome measures adopted by
5091the Agency for Workforce Innovation.
5092     f.  Payment rates adopted by the early learning coalition
5093and approved by the Agency for Workforce Innovation. Payment
5094rates may not have the effect of limiting parental choice or
5095creating standards or levels of services that have not been
5096authorized by the Legislature.
5097     g.  Systems support services, including a central agency,
5098child care resource and referral, eligibility determinations,
5099training of providers, and parent support and involvement.
5100     h.  Direct enhancement services to families and children.
5101System support and direct enhancement services shall be in
5102addition to payments for the placement of children in school
5103readiness programs.
5104     i.  The business organization of the early learning
5105coalition, which must include the coalition's articles of
5106incorporation and bylaws if the coalition is organized as a
5107corporation. If the coalition is not organized as a corporation
5108or other business entity, the plan must include the contract
5109with a fiscal agent. An early learning coalition may contract
5110with other coalitions to achieve efficiency in multicounty
5111services, and these contracts may be part of the coalition's
5112school readiness plan.
5113     j.  Strategies to meet the needs of unique populations,
5114such as migrant workers.
5115
5116As part of the school readiness plan, the early learning
5117coalition may request the Governor to apply for a waiver to
5118allow the coalition to administer the Head Start Program to
5119accomplish the purposes of the school readiness program. If a
5120school readiness plan demonstrates that specific statutory goals
5121can be achieved more effectively by using procedures that
5122require modification of existing rules, policies, or procedures,
5123a request for a waiver to the Agency for Workforce Innovation
5124may be submitted as part of the plan. Upon review, the Agency
5125for Workforce Innovation may grant the proposed modification.
5126     5.  Persons with an early childhood teaching certificate
5127may provide support and supervision to other staff in the school
5128readiness program.
5129     6.  An early learning coalition may not implement its
5130school readiness plan until it submits the plan to and receives
5131approval from the Agency for Workforce Innovation. Once the plan
5132is approved, the plan and the services provided under the plan
5133shall be controlled by the early learning coalition. The plan
5134shall be reviewed and revised as necessary, but at least
5135biennially. An early learning coalition may not implement the
5136revisions until the coalition submits the revised plan to and
5137receives approval from the Agency for Workforce Innovation. If
5138the Agency for Workforce Innovation rejects a revised plan, the
5139coalition must continue to operate under its prior approved
5140plan.
5141     7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
5142apply to an early learning coalition with an approved school
5143readiness plan. To facilitate innovative practices and to allow
5144the regional establishment of school readiness programs, an
5145early learning coalition may apply to the Governor and Cabinet
5146for a waiver of, and the Governor and Cabinet may waive, any of
5147the provisions of ss. 411.223, 411.232, and 1003.54, if the
5148waiver is necessary for implementation of the coalition's school
5149readiness plan.
5150     8.  Two or more counties may join for purposes of planning
5151and implementing a school readiness program.
5152     9.  An early learning coalition may, subject to approval by
5153the Agency for Workforce Innovation as part of the coalition's
5154school readiness plan, receive subsidized child care funds for
5155all children eligible for any federal subsidized child care
5156program.
5157     10.  An early learning coalition may enter into multiparty
5158contracts with multicounty service providers in order to meet
5159the needs of unique populations such as migrant workers.
5160     Section 179.  Paragraph (a) of subsection (3) of section
5161411.232, Florida Statutes, is amended to read:
5162     411.232  Children's Early Investment Program.--
5163     (3)  ESSENTIAL ELEMENTS.--
5164     (a)  Initially, the program shall be directed to geographic
5165areas where at-risk young children and their families are in
5166greatest need because of an unfavorable combination of economic,
5167social, environmental, and health factors, including, without
5168limitation, extensive poverty, high crime rate, great incidence
5169of low birthweight babies, high incidence of alcohol and drug
5170abuse, and high rates of teenage pregnancy. The selection of a
5171geographic site shall also consider the incidence of young
5172children within these at-risk geographic areas who are cocaine
5173babies, children of single mothers who receive temporary cash
5174assistance, children of teenage parents, low birthweight babies,
5175and very young foster children. To receive funding under this
5176section, an agency, board, council, or provider must
5177demonstrate:
5178     1.  Its capacity to administer and coordinate the programs
5179and services in a comprehensive manner and provide a flexible
5180range of services.;
5181     2.  Its capacity to identify and serve those children least
5182able to access existing programs and case management services.;
5183     3.  Its capacity to administer and coordinate the programs
5184and services in an intensive and continuous manner.;
5185     4.  The proximity of its facilities to young children,
5186parents, and other family members to be served by the program,
5187or its ability to provide offsite services.;
5188     5.  Its ability to use existing federal, state, and local
5189governmental programs and services in implementing the
5190investment program.;
5191     6.  Its ability to coordinate activities and services with
5192existing public and private, state and local agencies and
5193programs such as those responsible for health, education, social
5194support, mental health, child care, respite care, housing,
5195transportation, alcohol and drug abuse treatment and prevention,
5196income assistance, employment training and placement, nutrition,
5197and other relevant services, all the foregoing intended to
5198assist children and families at risk.;
5199     7.  How its plan will involve project participants and
5200community representatives in the planning and operation of the
5201investment program.;
5202     8.  Its ability to participate in the evaluation component
5203required in this section.; and
5204     9.  Its consistency with the strategic plan pursuant to s.
5205411.221.
5206     Section 180.  Section 411.242, Florida Statutes, is
5207repealed.
5208     Section 181.  Subsection (8) of section 413.402, Florida
5209Statutes, is amended to read:
5210     413.402  Personal care attendant pilot program.--The
5211Florida Association of Centers for Independent Living shall
5212develop a pilot program to provide personal care attendants to
5213persons who are eligible pursuant to subsection (1). The
5214association shall develop memoranda of understanding with the
5215Department of Revenue, the Brain and Spinal Cord Injury Program
5216in the Department of Health, the Florida Medicaid program in the
5217Agency for Health Care Administration, the Florida Endowment
5218Foundation for Vocational Rehabilitation, and the Division of
5219Vocational Rehabilitation of the Department of Education.
5220     (8)  No later than March 1, 2003, the association shall
5221present to the President of the Senate and to the Speaker of the
5222House of Representatives the implementation plan for the pilot
5223program, a timeline for implementation, estimates of the number
5224of participants to be served, and cost projections for each
5225component of the pilot program. The pilot program shall be
5226implemented beginning July 1, 2003, unless there is specific
5227legislative action to the contrary.
5228     Section 182.  Subsection (3) of section 414.1251, Florida
5229Statutes, is amended to read:
5230     414.1251  Learnfare program.--
5231     (3)  The department shall develop an electronic data
5232transfer system to enable the department to collect, report, and
5233share data accurately and efficiently. In order to ensure
5234accountability and assess the effectiveness of the Learnfare
5235program, the department shall compile information including, but
5236not limited to, the number of students and families reported by
5237school districts as out of compliance, the number of students
5238and families sanctioned as a result, and the number of students
5239and families reinstated after becoming compliant. The
5240information compiled shall be submitted in the form of an annual
5241report to the presiding officers of the Legislature by March 1.
5242     Section 183.  Section 414.14, Florida Statutes, is amended
5243to read:
5244     414.14  Public assistance policy simplification.--To the
5245extent possible, the department shall align the requirements for
5246eligibility under this chapter with the food stamp program and
5247medical assistance eligibility policies and procedures to
5248simplify the budgeting process and reduce errors. If the
5249department determines that s. 414.075, relating to resources, or
5250s. 414.085, relating to income, is inconsistent with related
5251provisions of federal law which govern the food stamp program or
5252medical assistance, and that conformance to federal law would
5253simplify administration of the WAGES Program or reduce errors
5254without materially increasing the cost of the program to the
5255state, the secretary of the department may propose a change in
5256the resource or income requirements of the program by rule. The
5257secretary shall provide written notice to the President of the
5258Senate, the Speaker of the House of Representatives, and the
5259chairpersons of the relevant committees of both houses of the
5260Legislature summarizing the proposed modifications to be made by
5261rule and changes necessary to conform state law to federal law.
5262The proposed rule shall take effect 14 days after written notice
5263is given unless the President of the Senate or the Speaker of
5264the House of Representatives advises the secretary that the
5265proposed rule exceeds the delegated authority of the
5266Legislature.
5267     Section 184.  Subsection (1) of section 414.36, Florida
5268Statutes, is amended to read:
5269     414.36  Public assistance overpayment recovery program;
5270contracts.--
5271     (1)  The department shall develop and implement a plan for
5272the statewide privatization of activities relating to the
5273recovery of public assistance overpayment claims. These
5274activities shall include, at a minimum, voluntary cash
5275collections functions for recovery of fraudulent and
5276nonfraudulent benefits paid to recipients of temporary cash
5277assistance, food stamps, and aid to families with dependent
5278children.
5279     Section 185.  Subsection (3) of section 414.391, Florida
5280Statutes, is amended to read:
5281     414.391  Automated fingerprint imaging.--
5282     (3)  The department shall prepare, by April 1998, a plan
5283for implementation of this program. Implementation shall begin
5284with a pilot of the program in one or more areas of the state by
5285November 1, 1998. Pilot evaluation results shall be used to
5286determine the method of statewide expansion. The priority for
5287use of the savings derived from reducing fraud through this
5288program shall be to expand the program to other areas of the
5289state.
5290     Section 186.  Subsection (6) of section 415.1045, Florida
5291Statutes, is amended to read:
5292     415.1045  Photographs, videotapes, and medical
5293examinations; abrogation of privileged communications;
5294confidential records and documents.--
5295     (6)  WORKING AGREEMENTS.--By March 1, 2004, The department
5296shall enter into working agreements with the jurisdictionally
5297responsible county sheriffs' office or local police department
5298that will be the lead agency when conducting any criminal
5299investigation arising from an allegation of abuse, neglect, or
5300exploitation of a vulnerable adult. The working agreement must
5301specify how the requirements of this chapter will be met. The
5302Office of Program Policy Analysis and Government Accountability
5303shall conduct a review of the efficacy of the agreements and
5304report its findings to the Legislature by March 1, 2005. For the
5305purposes of such agreement, the jurisdictionally responsible law
5306enforcement entity is authorized to share Florida criminal
5307history and local criminal history information that is not
5308otherwise exempt from s. 119.07(1) with the district personnel.
5309A law enforcement entity entering into such agreement must
5310comply with s. 943.0525. Criminal justice information provided
5311by such law enforcement entity shall be used only for the
5312purposes specified in the agreement and shall be provided at no
5313charge. Notwithstanding any other provision of law, the
5314Department of Law Enforcement shall provide to the department
5315electronic access to Florida criminal justice information which
5316is lawfully available and not exempt from s. 119.07(1), only for
5317the purpose of protective investigations and emergency
5318placement. As a condition of access to such information, the
5319department shall be required to execute an appropriate user
5320agreement addressing the access, use, dissemination, and
5321destruction of such information and to comply with all
5322applicable laws and rules of the Department of Law Enforcement.
5323     Section 187.  Paragraph (a) of subsection (5) of section
5324415.111, Florida Statutes, is amended to read:
5325     415.111  Criminal penalties.--
5326     (5)  A person who knowingly and willfully makes a false
5327report of abuse, neglect, or exploitation of a vulnerable adult,
5328or a person who advises another to make a false report, commits
5329a felony of the third degree, punishable as provided in s.
5330775.082 or s. 775.083.
5331     (a)  The department shall establish procedures for
5332determining whether a false report of abuse, neglect, or
5333exploitation of a vulnerable adult has been made and for
5334submitting all identifying information relating to such a false
5335report to the local law enforcement agency as provided in this
5336subsection and shall report annually to the Legislature the
5337number of reports referred.
5338     Section 188.  Subsection (9) of section 420.622, Florida
5339Statutes, is amended to read:
5340     420.622  State Office on Homelessness; Council on
5341Homelessness.--
5342     (9)  The council shall, by December 31 of each year,
5343provide issue to the Governor, the Legislature President of the
5344Senate, the Speaker of the House of Representatives, and the
5345Secretary of Children and Family Services an evaluation of the
5346executive director's performance in fulfilling the statutory
5347duties of the office, a report summarizing the status of
5348homelessness in the state and the council's recommendations to
5349the office and the corresponding actions taken by the office,
5350and any recommendations to the Legislature for reducing
5351proposals to reduce homelessness in this state.
5352     Section 189.  Subsection (4) of section 420.623, Florida
5353Statutes, is amended to read:
5354     420.623  Local coalitions for the homeless.--
5355     (4)  ANNUAL REPORTS.--The department shall submit to the
5356Governor, the Speaker of the House of Representatives, and the
5357President of the Senate, by June 30, an annual report consisting
5358of a compilation of data collected by local coalitions, progress
5359made in the development and implementation of local homeless
5360assistance continuums of care plans in each district, local
5361spending plans, programs and resources available at the local
5362level, and recommendations for programs and funding.
5363     Section 190.  Subsection (9) of section 427.704, Florida
5364Statutes, is amended to read:
5365     427.704  Powers and duties of the commission.--
5366     (9)  The commission shall prepare provide to the President
5367of the Senate and to the Speaker of the House of Representatives
5368an annual report on the operation of the telecommunications
5369access system that shall be available on the commission's
5370Internet website. The first report shall be provided no later
5371than January 1, 1992, and successive reports shall be provided
5372by January 1 of each year thereafter. Reports shall be prepared
5373in consultation with the administrator and the advisory
5374committee appointed pursuant to s. 427.706. The reports shall,
5375at a minimum, briefly outline the status of developments of the
5376telecommunications access system, the number of persons served,
5377the call volume, revenues and expenditures, the allocation of
5378the revenues and expenditures between provision of specialized
5379telecommunications devices to individuals and operation of
5380statewide relay service, other major policy or operational
5381issues, and proposals for improvements or changes to the
5382telecommunications access system.
5383     Section 191.  Subsection (2) of section 427.706, Florida
5384Statutes, is amended to read:
5385     427.706  Advisory committee.--
5386     (2)  The advisory committee shall provide the expertise,
5387experience, and perspective of persons who are hearing impaired
5388or speech impaired to the commission and to the administrator
5389during all phases of the development and operation of the
5390telecommunications access system. The advisory committee shall
5391advise the commission and the administrator on any matter
5392relating to the quality and cost-effectiveness of the
5393telecommunications relay service and the specialized
5394telecommunications devices distribution system. The advisory
5395committee may submit material for inclusion in the annual report
5396prepared pursuant to s. 427.704 to the President of the Senate
5397and the Speaker of the House of Representatives.
5398     Section 192.  Subsections (3) through (16) of section
5399430.04, Florida Statutes, are amended to read:
5400     430.04  Duties and responsibilities of the Department of
5401Elderly Affairs.--The Department of Elderly Affairs shall:
5402     (3)  Prepare and submit to the Governor, each Cabinet
5403member, the President of the Senate, the Speaker of the House of
5404Representatives, the minority leaders of the House and Senate,
5405and chairpersons of appropriate House and Senate committees a
5406master plan for policies and programs in the state related to
5407aging. The plan must identify and assess the needs of the
5408elderly population in the areas of housing, employment,
5409education and training, medical care, long-term care, preventive
5410care, protective services, social services, mental health,
5411transportation, and long-term care insurance, and other areas
5412considered appropriate by the department. The plan must assess
5413the needs of particular subgroups of the population and evaluate
5414the capacity of existing programs, both public and private and
5415in state and local agencies, to respond effectively to
5416identified needs. If the plan recommends the transfer of any
5417program or service from the Department of Children and Family
5418Services to another state department, the plan must also include
5419recommendations that provide for an independent third-party
5420mechanism, as currently exists in the Florida advocacy councils
5421established in ss. 402.165 and 402.166, for protecting the
5422constitutional and human rights of recipients of departmental
5423services. The plan must include policy goals and program
5424strategies designed to respond efficiently to current and
5425projected needs. The plan must also include policy goals and
5426program strategies to promote intergenerational relationships
5427and activities. Public hearings and other appropriate processes
5428shall be utilized by the department to solicit input for the
5429development and updating of the master plan from parties
5430including, but not limited to, the following:
5431     (a)  Elderly citizens and their families and caregivers.
5432     (b)  Local-level public and private service providers,
5433advocacy organizations, and other organizations relating to the
5434elderly.
5435     (c)  Local governments.
5436     (d)  All state agencies that provide services to the
5437elderly.
5438     (e)  University centers on aging.
5439     (f)  Area agency on aging and community care for the
5440elderly lead agencies.
5441     (3)(4)  Serve as an information clearinghouse at the state
5442level, and assist local-level information and referral resources
5443as a repository and means for dissemination of information
5444regarding all federal, state, and local resources for assistance
5445to the elderly in the areas of, but not limited to, health,
5446social welfare, long-term care, protective services, consumer
5447protection, education and training, housing, employment,
5448recreation, transportation, insurance, and retirement.
5449     (4)(5)  Recommend guidelines for the development of roles
5450for state agencies that provide services for the aging, review
5451plans of agencies that provide such services, and relay these
5452plans to the Governor and the Legislature, each Cabinet member,
5453the President of the Senate, the Speaker of the House of
5454Representatives, the minority leaders of the House and Senate,
5455and chairpersons of appropriate House and Senate committees.
5456     (5)(6)  Recommend to the Governor and the Legislature, each
5457Cabinet member, the President of the Senate, the Speaker of the
5458House of Representatives, the minority leaders of the House and
5459Senate, and chairpersons of appropriate House and Senate
5460committees an organizational framework for the planning,
5461coordination, implementation, and evaluation of programs related
5462to aging, with the purpose of expanding and improving programs
5463and opportunities available to the state's elderly population
5464and enhancing a continuum of long-term care. This framework must
5465assure that:
5466     (a)  Performance objectives are established.
5467     (b)  Program reviews are conducted statewide.
5468     (c)  Each major program related to aging is reviewed every
54693 years.
5470     (d)  Agency budget requests reflect the results and
5471recommendations of such program reviews.
5472     (d)(e)  Program decisions reinforce lead to the distinctive
5473roles established for state agencies that provide aging
5474services.
5475     (6)(7)  Advise the Governor and the Legislature, each
5476Cabinet member, the President of the Senate, the Speaker of the
5477House of Representatives, the minority leaders of the House and
5478Senate, and the chairpersons of appropriate House and Senate
5479committees regarding the need for and location of programs
5480related to aging.
5481     (7)(8)  Review and coordinate aging research plans of all
5482state agencies to ensure that the conformance of research
5483objectives address to issues and needs of the state's elderly
5484population addressed in the master plan for policies and
5485programs related to aging. The research activities that must be
5486reviewed and coordinated by the department include, but are not
5487limited to, contracts with academic institutions, development of
5488educational and training curriculums, Alzheimer's disease and
5489other medical research, studies of long-term care and other
5490personal assistance needs, and design of adaptive or modified
5491living environments.
5492     (8)(9)  Review budget requests for programs related to
5493aging to ensure the most cost-effective use of state funding for
5494the state's elderly population prior to for compliance with the
5495master plan for policies and programs related to aging before
5496submission to the Governor and the Legislature.
5497     (10)  Update the master plan for policies and programs
5498related to aging every 3 years.
5499     (11)  Review implementation of the master plan for programs
5500and policies related to aging and annually report to the
5501Governor, each Cabinet member, the President of the Senate, the
5502Speaker of the House of Representatives, the minority leaders of
5503the House and Senate, and the chairpersons of appropriate House
5504and Senate committees the progress towards implementation of the
5505plan.
5506     (9)(12)  Request other departments that administer programs
5507affecting the state's elderly population to amend their plans,
5508rules, policies, and research objectives as necessary to ensure
5509that programs and other initiatives are coordinated and maximize
5510the state's efforts to address the needs of the elderly conform
5511with the master plan for policies and programs related to aging.
5512     (10)(13)  Hold public meetings regularly throughout the
5513state for purposes of receiving information and maximizing the
5514visibility of important issues related to aging and the elderly.
5515     (11)(14)  Conduct policy analysis and program evaluation
5516studies assigned by the Legislature.
5517     (12)(15)  Assist the Governor, each Cabinet member, and
5518members of the Legislature the President of the Senate, the
5519Speaker of the House of Representatives, the minority leaders of
5520the House and Senate, and the chairpersons of appropriate House
5521and Senate committees in the conduct of their responsibilities
5522in such capacities as they consider appropriate.
5523     (13)(16)  Call upon appropriate agencies of state
5524government for such assistance as is needed in the discharge of
5525its duties. All agencies shall cooperate in assisting the
5526department in carrying out its responsibilities as prescribed by
5527this section. However, no provision of law with respect to
5528confidentiality of information may be violated.
5529     Section 193.  Subsections (3) and (8) of section 430.502,
5530Florida Statutes, are amended to read:
5531     430.502  Alzheimer's disease; memory disorder clinics and
5532day care and respite care programs.--
5533     (3)  The Alzheimer's Disease Advisory Committee shall must
5534evaluate and make recommendations to the department and the
5535Legislature concerning the need for additional memory disorder
5536clinics in the state. The first report will be due by December
553731, 1995.
5538     (8)  The department will implement the waiver program
5539specified in subsection (7). The agency and the department shall
5540ensure that providers are selected that have a history of
5541successfully serving persons with Alzheimer's disease. The
5542department and the agency shall develop specialized standards
5543for providers and services tailored to persons in the early,
5544middle, and late stages of Alzheimer's disease and designate a
5545level of care determination process and standard that is most
5546appropriate to this population. The department and the agency
5547shall include in the waiver services designed to assist the
5548caregiver in continuing to provide in-home care. The department
5549shall implement this waiver program subject to a specific
5550appropriation or as provided in the General Appropriations Act.
5551The department and the agency shall submit their program design
5552to the President of the Senate and the Speaker of the House of
5553Representatives for consultation during the development process.
5554     Section 194.  Subsection (1) of section 430.707, Florida
5555Statutes, is amended to read:
5556     430.707  Contracts.--
5557     (1)  The department, in consultation with the agency, shall
5558select and contract with managed care organizations and, on a
5559prepaid basis, with other qualified providers as defined in s.
5560430.703(7) to provide long-term care within community diversion
5561pilot project areas. The agency shall evaluate and report
5562quarterly to the department the compliance by other qualified
5563providers with all the financial and quality assurance
5564requirements of the contract.
5565     Section 195.  Paragraph (a) of subsection (3) and paragraph
5566(c) of subsection (4) of section 445.003, Florida Statutes, are
5567amended to read:
5568     445.003  Implementation of the federal Workforce Investment
5569Act of 1998.--
5570     (3)  FUNDING.--
5571     (a)  Title I, Workforce Investment Act of 1998 funds;
5572Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
5573based on the 5-year plan of Workforce Florida, Inc. The plan
5574shall outline and direct the method used to administer and
5575coordinate various funds and programs that are operated by
5576various agencies. The following provisions shall also apply to
5577these funds:
5578     1.  At least 50 percent of the Title I funds for Adults and
5579Dislocated Workers that are passed through to regional workforce
5580boards shall be allocated to Individual Training Accounts unless
5581a regional workforce board obtains a waiver from Workforce
5582Florida, Inc. Tuition, fees, and performance-based incentive
5583awards paid in compliance with Florida's Performance-Based
5584Incentive Fund Program qualify as an Individual Training Account
5585expenditure, as do other programs developed by regional
5586workforce boards in compliance with policies of Workforce
5587Florida, Inc.
5588     2.  Fifteen percent of Title I funding shall be retained at
5589the state level and shall be dedicated to state administration
5590and used to design, develop, induce, and fund innovative
5591Individual Training Account pilots, demonstrations, and
5592programs. Of such funds retained at the state level, $2 million
5593shall be reserved for the Incumbent Worker Training Program,
5594created under subparagraph 3. Eligible state administration
5595costs include the costs of: funding for the board and staff of
5596Workforce Florida, Inc.; operating fiscal, compliance, and
5597management accountability systems through Workforce Florida,
5598Inc.; conducting evaluation and research on workforce
5599development activities; and providing technical and capacity
5600building assistance to regions at the direction of Workforce
5601Florida, Inc. Notwithstanding s. 445.004, such administrative
5602costs shall not exceed 25 percent of these funds. An amount not
5603to exceed 75 percent of these funds shall be allocated to
5604Individual Training Accounts and other workforce development
5605strategies for: the Minority Teacher Education Scholars program,
5606the Certified Teacher-Aide program, the Self-Employment
5607Institute, and other training designed and tailored by Workforce
5608Florida, Inc., including, but not limited to, programs for
5609incumbent workers, displaced homemakers, nontraditional
5610employment, empowerment zones, and enterprise zones. Workforce
5611Florida, Inc., shall design, adopt, and fund Individual Training
5612Accounts for distressed urban and rural communities.
5613     3.  The Incumbent Worker Training Program is created for
5614the purpose of providing grant funding for continuing education
5615and training of incumbent employees at existing Florida
5616businesses. The program will provide reimbursement grants to
5617businesses that pay for preapproved, direct, training-related
5618costs.
5619     a.  The Incumbent Worker Training Program will be
5620administered by Workforce Florida, Inc. Workforce Florida, Inc.,
5621at its discretion, may contract with a private business
5622organization to serve as grant administrator.
5623     b.  To be eligible for the program's grant funding, a
5624business must have been in operation in Florida for a minimum of
56251 year prior to the application for grant funding; have at least
5626one full-time employee; demonstrate financial viability; and be
5627current on all state tax obligations. Priority for funding shall
5628be given to businesses with 25 employees or fewer, businesses in
5629rural areas, businesses in distressed inner-city areas,
5630businesses in a qualified targeted industry, businesses whose
5631grant proposals represent a significant upgrade in employee
5632skills, or businesses whose grant proposals represent a
5633significant layoff avoidance strategy.
5634     c.  All costs reimbursed by the program must be preapproved
5635by Workforce Florida, Inc., or the grant administrator. The
5636program will not reimburse businesses for trainee wages, the
5637purchase of capital equipment, or the purchase of any item or
5638service that may possibly be used outside the training project.
5639A business approved for a grant may be reimbursed for
5640preapproved, direct, training-related costs including tuition
5641and fees; books and classroom materials; and overhead or
5642indirect costs not to exceed 5 percent of the grant amount.
5643     d.  A business that is selected to receive grant funding
5644must provide a matching contribution to the training project,
5645including, but not limited to, wages paid to trainees or the
5646purchase of capital equipment used in the training project; must
5647sign an agreement with Workforce Florida, Inc., or the grant
5648administrator to complete the training project as proposed in
5649the application; must keep accurate records of the project's
5650implementation process; and must submit monthly or quarterly
5651reimbursement requests with required documentation.
5652     e.  All Incumbent Worker Training Program grant projects
5653shall be performance-based with specific measurable performance
5654outcomes, including completion of the training project and job
5655retention. Workforce Florida, Inc., or the grant administrator
5656shall withhold the final payment to the grantee until a final
5657grant report is submitted and all performance criteria specified
5658in the grant contract have been achieved.
5659     f.  Workforce Florida, Inc., may establish guidelines
5660necessary to implement the Incumbent Worker Training Program.
5661     g.  No more than 10 percent of the Incumbent Worker
5662Training Program's total appropriation may be used for overhead
5663or indirect purposes.
5664     h.  Workforce Florida, Inc., shall submit a report to the
5665Legislature on the financial and general operations of the
5666Incumbent Worker Training Program as part of its annual report
5667submitted pursuant to s. 445.004. Such report will be due before
5668October 1 of any fiscal year for which the program is funded by
5669the Legislature.
5670     4.  At least 50 percent of Rapid Response funding shall be
5671dedicated to Intensive Services Accounts and Individual Training
5672Accounts for dislocated workers and incumbent workers who are at
5673risk of dislocation. Workforce Florida, Inc., shall also
5674maintain an Emergency Preparedness Fund from Rapid Response
5675funds which will immediately issue Intensive Service Accounts
5676and Individual Training Accounts as well as other federally
5677authorized assistance to eligible victims of natural or other
5678disasters. At the direction of the Governor, for events that
5679qualify under federal law, these Rapid Response funds shall be
5680released to regional workforce boards for immediate use. Funding
5681shall also be dedicated to maintain a unit at the state level to
5682respond to Rapid Response emergencies around the state, to work
5683with state emergency management officials, and to work with
5684regional workforce boards. All Rapid Response funds must be
5685expended based on a plan developed by Workforce Florida, Inc.,
5686and approved by the Governor.
5687     (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
5688MODIFICATIONS.--
5689     (c)  Workforce Florida, Inc., may make modifications to the
5690state's plan, policies, and procedures to comply with federally
5691mandated requirements that in its judgment must be complied with
5692to maintain funding provided pursuant to Pub. L. No. 105-220.
5693The board shall notify in writing the Governor, the President of
5694the Senate, and the Speaker of the House of Representatives
5695within 30 days after any such changes or modifications.
5696     Section 196.  Paragraph (a) of subsection (3) of section
5697445.004, Florida Statutes, is amended to read:
5698     445.004  Workforce Florida, Inc.; creation; purpose;
5699membership; duties and powers.--
5700     (3)(a)  Workforce Florida, Inc., shall be governed by a
5701board of directors, the number of directors to be determined by
5702the Governor, whose membership and appointment must be
5703consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
5704contain one member representing the licensed nonpublic
5705postsecondary educational institutions authorized as individual
5706training account providers, one member from the staffing service
5707industry, at least one member who is a current or former
5708recipient of welfare transition services as defined in s.
5709445.002(3) or workforce services as provided in s. 445.009(1),
5710and five representatives of organized labor who shall be
5711appointed by the Governor. Notwithstanding s. 114.05(1)(f), the
5712Governor may appoint remaining members to Workforce Florida,
5713Inc., from the current Workforce Development Board and the WAGES
5714Program State Board of Directors, established pursuant to
5715chapter 96-175, Laws of Florida, to serve on the reconstituted
5716board. By July 1, 2000, the Workforce Development Board will
5717provide to the Governor a transition plan to incorporate the
5718changes required by this act and Pub. L. No. 105-220, specifying
5719the manner of changes to the board. This plan shall govern the
5720transition, unless otherwise notified by the Governor. The
5721importance of minority, gender, and geographic representation
5722shall be considered when making appointments to the board.
5723     Section 197.  Subsection (1) and paragraph (a) of
5724subsection (6) of section 445.006, Florida Statutes, are amended
5725to read:
5726     445.006  Strategic plan for workforce development.--
5727     (1)  Workforce Florida, Inc., in conjunction with state and
5728local partners in the workforce system, shall develop a
5729strategic plan for workforce, with the goal of producing skilled
5730employees for employers in the state. The strategic plan shall
5731be submitted to the Governor, the President of the Senate, and
5732the Speaker of the House of Representatives by February 1, 2001.
5733The strategic plan shall be updated or modified by January 1 of
5734each year thereafter. The plan must include, but need not be
5735limited to, strategies for:
5736     (a)  Fulfilling the workforce system goals and strategies
5737prescribed in s. 445.004;
5738     (b)  Aggregating, integrating, and leveraging workforce
5739system resources;
5740     (c)  Coordinating the activities of federal, state, and
5741local workforce system partners;
5742     (d)  Addressing the workforce needs of small businesses;
5743and
5744     (e)  Fostering the participation of rural communities and
5745distressed urban cores in the workforce system.
5746     (6)(a)  The strategic plan must include strategies that are
5747designed to prevent or reduce the need for a person to receive
5748public assistance. These strategies must include:
5749     1.  A teen pregnancy prevention component that includes,
5750but is not limited to, a plan for implementing the Florida
5751Education Now and Babies Later (ENABL) program under s. 411.242
5752and the Teen Pregnancy Prevention Community Initiative within
5753each county of the services area in which the teen birth rate is
5754higher than the state average;
5755     2.  A component that encourages creation of community-based
5756welfare prevention and reduction initiatives that increase
5757support provided by noncustodial parents to their welfare-
5758dependent children and are consistent with program and financial
5759guidelines developed by Workforce Florida, Inc., and the
5760Commission on Responsible Fatherhood. These initiatives may
5761include, but are not limited to, improved paternity
5762establishment, work activities for noncustodial parents,
5763programs aimed at decreasing out-of-wedlock pregnancies,
5764encouraging involvement of fathers with their children including
5765court-ordered supervised visitation, and increasing child
5766support payments;
5767     3.  A component that encourages formation and maintenance
5768of two-parent families through, among other things, court-
5769ordered supervised visitation;
5770     4.  A component that fosters responsible fatherhood in
5771families receiving assistance; and
5772     5.  A component that fosters provision of services that
5773reduce the incidence and effects of domestic violence on women
5774and children in families receiving assistance.
5775     Section 198.  Subsection (4) of section 445.022, Florida
5776Statutes, is amended to read:
5777     445.022  Retention Incentive Training Accounts.--To promote
5778job retention and to enable upward job advancement into higher
5779skilled, higher paying employment, the board of directors of
5780Workforce Florida, Inc., and regional workforce boards may
5781assemble, from postsecondary education institutions, a list of
5782programs and courses for participants who have become employed
5783which promote job retention and advancement.
5784     (4)  Regional workforce boards shall report annually to the
5785Legislature on the measurable retention and advancement success
5786of each program provider and the effectiveness of RITAs, making
5787recommendations for any needed changes or modifications.
5788     Section 199.  Subsection (9) of section 445.049, Florida
5789Statutes, is amended to read:
5790     445.049  Digital Divide Council.--
5791     (9)  ANNUAL REPORT.--By March 1, 2002, the council, through
5792the State Technology Office, shall report to the Executive
5793Office of the Governor, the Speaker of the House of
5794Representatives, and the President of the Senate the results of
5795the council's monitoring, reviewing, and evaluating such
5796programs since their inception and the council's recommendations
5797as to whether such programs should be continued and expanded to
5798achieve the objectives and goals stated in this section.
5799     Section 200.  Section 446.27, Florida Statutes, is
5800repealed.
5801     Section 201.  Paragraphs (a) and (c) of subsection (4) of
5802section 446.50, Florida Statutes, are amended to read:
5803     446.50  Displaced homemakers; multiservice programs; 3-year
5804plan report to the Legislature; Displaced Homemaker Trust Fund
5805created.--
5806     (4)  STATE PLAN.--
5807     (a)  The Agency for Workforce Innovation shall develop a
58083-year state plan for the displaced homemaker program which
5809shall be updated annually and submitted to the Legislature by
5810January 1. The plan must address, at a minimum, the need for
5811programs specifically designed to serve displaced homemakers,
5812any necessary service components for such programs in addition
5813to those enumerated in this section, goals of the displaced
5814homemaker program with an analysis of the extent to which those
5815goals are being met, and recommendations for ways to address any
5816unmet program goals. Any request for funds for program expansion
5817must be based on the state plan.
5818     (c)  The 3-year state plan must be submitted to the
5819President of the Senate, the Speaker of the House of
5820Representatives, and the Governor on or before January 1, 2001,
5821and annual updates of the plan must be submitted by January 1 of
5822each subsequent year.
5823     Section 202.  Subsection (10) of section 446.609, Florida
5824Statutes, is amended to read:
5825     446.609  Jobs for Florida's Graduates Act.--
5826     (10)  ASSESSMENT OF PROGRAM RESULTS.--The success of the
5827Jobs for Florida's Graduates Program shall be assessed as
5828follows:
5829     (a)  No later than November 1 of each year of the Jobs for
5830Florida's Graduates Program, Jobs for America's Graduates, Inc.,
5831shall conduct and deliver to the Office of Program Policy
5832Analysis and Government Accountability a full review and report
5833of the program's activities. The Office of Program Policy
5834Analysis and Government Accountability shall audit and review
5835the report and deliver the report, along with its analysis and
5836any recommendations for expansion, curtailment, modification, or
5837continuation, to the board not later than December 31 of the
5838same year.
5839     (b)  Beginning in the first year of the Jobs for Florida's
5840Graduates Program, the Office of Economic and Demographic
5841Research shall undertake, during the initial phase, an ongoing
5842longitudinal study of participants to determine the overall
5843efficacy of the program. The division shall transmit its
5844findings each year to the Office of Program Policy Analysis and
5845Government Accountability for inclusion in the report provided
5846for in paragraph (a).
5847     Section 203.  Section 455.204, Florida Statutes, is
5848repealed.
5849     Section 204.  Subsection (8) of section 455.2226, Florida
5850Statutes, is amended to read:
5851     455.2226  Funeral directors and embalmers; instruction on
5852HIV and AIDS.--
5853     (8)  The board shall report to the Legislature by March 1
5854of each year as to the implementation and compliance with the
5855requirements of this section.
5856     Section 205.  Subsections (4) and (6) of section 455.2228,
5857Florida Statutes, are amended to read:
5858     455.2228  Barbers and cosmetologists; instruction on HIV
5859and AIDS.--
5860     (4)  As of December 31, 1992, The board, or the department
5861where there is no board, shall require, as a condition of
5862granting a license under any of the chapters or parts thereof
5863specified in subsection (1), that an applicant making initial
5864application for licensure complete an educational course
5865acceptable to the board, or the department where there is no
5866board, on human immunodeficiency virus and acquired immune
5867deficiency syndrome. An applicant who has not taken a course at
5868the time of licensure shall, upon an affidavit showing good
5869cause, be allowed 6 months to complete this requirement.
5870     (6)  The board, or the department where there is no board,
5871shall report to the Legislature by March 1 of each year as to
5872the implementation and compliance with the requirements of this
5873section.
5874     Section 206.  Section 456.005, Florida Statutes, is amended
5875to read:
5876     456.005  Long-range policy planning; plans, reports, and
5877recommendations.--To facilitate efficient and cost-effective
5878regulation, the department and the board, where appropriate,
5879shall develop and implement a long-range policy planning and
5880monitoring process to include recommendations specific to each
5881profession. Such process shall include estimates of revenues,
5882expenditures, cash balances, and performance statistics for each
5883profession. The period covered shall not be less than 5 years.
5884The department, with input from the boards and licensees, shall
5885develop and adopt the long-range plan and must obtain the
5886approval of the secretary. The department shall monitor
5887compliance with the approved long-range plan and, with input
5888from the boards and licensees, shall annually update the plans
5889for approval by the secretary. The department shall provide
5890concise management reports to the boards quarterly. As part of
5891the review process, the department shall evaluate:
5892     (1)  Whether the department, including the boards and the
5893various functions performed by the department, is operating
5894efficiently and effectively and if there is a need for a board
5895or council to assist in cost-effective regulation.
5896     (2)  How and why the various professions are regulated.
5897     (3)  Whether there is a need to continue regulation, and to
5898what degree.
5899     (4)  Whether or not consumer protection is adequate, and
5900how it can be improved.
5901     (5)  Whether there is consistency between the various
5902practice acts.
5903     (6)  Whether unlicensed activity is adequately enforced.
5904
5905Such plans should include conclusions and recommendations on
5906these and other issues as appropriate. Such plans shall be
5907provided to the Governor and the Legislature by November 1 of
5908each year.
5909     Section 207.  Subsection (9) of section 456.025, Florida
5910Statutes, is amended to read:
5911     456.025  Fees; receipts; disposition.--
5912     (9)  The department shall provide a condensed management
5913report of revenues and expenditures budgets, finances,
5914performance measures statistics, and recommendations to each
5915board at least once a quarter. The department shall identify and
5916include in such presentations any changes, or projected changes,
5917made to the board's budget since the last presentation.
5918     Section 208.  Subsection (5) of section 456.031, Florida
5919Statutes, is amended to read:
5920     456.031  Requirement for instruction on domestic
5921violence.--
5922     (5)  Each board shall report to the President of the
5923Senate, the Speaker of the House of Representatives, and the
5924chairs of the appropriate substantive committees of the
5925Legislature by March 1 of each year as to the implementation of
5926and compliance with the requirements of this section.
5927     Section 209.  Subsection (8) of section 456.033, Florida
5928Statutes, is amended to read:
5929     456.033  Requirement for instruction for certain licensees
5930on HIV and AIDS.--
5931     (8)  The board shall report to the Legislature by March 1
5932of each year as to the implementation and compliance with the
5933requirements of this section.
5934     Section 210.  Subsection (6) of section 456.034, Florida
5935Statutes, is amended to read:
5936     456.034  Athletic trainers and massage therapists;
5937requirement for instruction on HIV and AIDS.--
5938     (6)  The board, or the department where there is no board,
5939shall report to the Legislature by March 1 of each year as to
5940the implementation and compliance with the requirements of this
5941section.
5942     Section 211.  Subsections (3) and (4) of section 517.302,
5943Florida Statutes, are amended to read:
5944     517.302  Criminal penalties; alternative fine; Anti-Fraud
5945Trust Fund; time limitation for criminal prosecution.--
5946     (3)  In lieu of a fine otherwise authorized by law, a
5947person who has been convicted of or who has pleaded guilty or no
5948contest to having engaged in conduct in violation of the
5949provisions of this chapter may be sentenced to pay a fine that
5950does not exceed the greater of three times the gross value
5951gained or three times the gross loss caused by such conduct,
5952plus court costs and the costs of investigation and prosecution
5953reasonably incurred.
5954     (4)(a)  There is created within the office a trust fund to
5955be known as the Anti-Fraud Trust Fund. Any amounts assessed as
5956costs of investigation and prosecution under this subsection
5957shall be deposited in the trust fund. Funds deposited in such
5958trust fund shall be used, when authorized by appropriation, for
5959investigation and prosecution of administrative, civil, and
5960criminal actions arising under the provisions of this chapter.
5961Funds may also be used to improve the public's awareness and
5962understanding of prudent investing.
5963     (b)  The office shall report to the Executive Office of the
5964Governor annually by November 15, the amounts deposited into the
5965Anti-Fraud Trust Fund during the previous fiscal year. The
5966Executive Office of the Governor shall distribute these reports
5967to the President of the Senate and the Speaker of the House of
5968Representatives.
5969     (5)(4)  Criminal prosecution for offenses under this
5970chapter is subject to the time limitations of s. 775.15.
5971     Section 212.  Section 526.3135, Florida Statutes, is
5972repealed.
5973     Section 213.  Subsection (3) of section 531.415, Florida
5974Statutes, is amended to read:
5975     531.415  Fees.--
5976     (3)  The department shall notify the Legislature when the
5977fees provided in this section are no longer sufficient to cover
5978the direct and indirect costs of tests and calibrations
5979described in this section.
5980     Section 214.  Section 553.975, Florida Statutes, is
5981repealed.
5982     Section 215.  Subsection (3) of section 570.0705, Florida
5983Statutes, is amended to read:
5984     570.0705  Advisory committees.--From time to time the
5985commissioner may appoint any advisory committee to assist the
5986department with its duties and responsibilities.
5987     (3)  On January 1 of each year the commissioner shall
5988submit to the President of the Senate, the Speaker of the House
5989of Representatives, and the minority leaders of the Senate and
5990the House of Representatives a list of each advisory committee
5991established in the department.
5992     Section 216.  Subsection (5) of section 570.0725, Florida
5993Statutes, is amended to read:
5994     570.0725  Food recovery; legislative intent; department
5995functions.--
5996     (5)  The department shall account for the direct and
5997indirect costs associated with supporting food recovery programs
5998throughout the state. It shall submit a report to the President
5999of the Senate and the Speaker of the House of Representatives by
6000November 1, for the previous fiscal year, when state funds are
6001spent for this purpose. The report must include, but need not be
6002limited to, the identity of organizations receiving funds, the
6003amount of funds disbursed to these organizations, other uses of
6004food recovery funds, and estimates of the amount of fresh
6005produce recovered.
6006     Section 217.  Subsection (3) of section 570.235, Florida
6007Statutes, is amended to read:
6008     570.235  Pest Exclusion Advisory Committee.--
6009     (3)  The committee shall issue a report of its findings to
6010the Commissioner of Agriculture, the Governor, the Speaker of
6011the House of Representatives, and the President of the Senate by
6012January 1, 2001.
6013     Section 218.  Subsection (3) of section 570.543, Florida
6014Statutes, is amended to read:
6015     570.543  Florida Consumers' Council.--The Florida
6016Consumers' Council in the department is created to advise and
6017assist the department in carrying out its duties.
6018     (3)  RECOMMENDATIONS.--The council shall transmit a written
6019summary of its legislative recommendations to the President of
6020the Senate and the Speaker of the House of Representatives at
6021least 60 days prior to the regular legislative session.
6022Recommendations regarding legislation which has been filed shall
6023be submitted within 30 days after the commencement of a
6024legislative session.
6025     Section 219.  Subsection (5) of section 570.952, Florida
6026Statutes, is amended to read:
6027     570.952  Florida Agriculture Center and Horse Park
6028Authority.--
6029     (5)  The commissioner shall submit information annually to
6030the Speaker of the House of Representatives and the President of
6031the Senate reporting the activities of the Florida Agriculture
6032Center and Horse Park Authority and the progress of the Florida
6033Agriculture Center and Horse Park, including, but not limited
6034to, pertinent planning, budgeting, and operational information
6035concerning the authority.
6036     Section 220.  Section 603.204, Florida Statutes, is amended
6037to read:
6038     603.204  South Florida Tropical Fruit Plan.--
6039     (1)  The Commissioner of Agriculture, in consultation with
6040the Tropical Fruit Advisory Council, shall develop and update,
6041at least 90 days prior to the 1991 legislative session, submit
6042to the President of the Senate, the Speaker of the House of
6043Representatives, and the chairs of appropriate Senate and House
6044of Representatives committees, a South Florida Tropical Fruit
6045Plan, which shall identify problems and constraints of the
6046tropical fruit industry, propose possible solutions to such
6047problems, and develop planning mechanisms for orderly growth of
6048the industry, including:
6049     (1)(a)  Criteria for tropical fruit research, service, and
6050management priorities.
6051     (2)(b)  Additional Proposed legislation which may be
6052required.
6053     (3)(c)  Plans relating to other tropical fruit programs and
6054related disciplines in the State University System.
6055     (4)(d)  Potential tropical fruit products in terms of
6056market and needs for development.
6057     (5)(e)  Evaluation of production and fresh fruit policy
6058alternatives, including, but not limited to, setting minimum
6059grades and standards, promotion and advertising, development of
6060production and marketing strategies, and setting minimum
6061standards on types and quality of nursery plants.
6062     (6)(f)  Evaluation of policy alternatives for processed
6063tropical fruit products, including, but not limited to, setting
6064minimum quality standards and development of production and
6065marketing strategies.
6066     (7)(g)  Research and service priorities for further
6067development of the tropical fruit industry.
6068     (8)(h)  Identification of state agencies and public and
6069private institutions concerned with research, education,
6070extension, services, planning, promotion, and marketing
6071functions related to tropical fruit development, and delineation
6072of contributions and responsibilities. The recommendations in
6073the South Florida Tropical Fruit plan relating to education or
6074research shall be submitted to the Institute of Food and
6075Agricultural Sciences. The recommendations relating to
6076regulation or marketing shall be submitted to the Department of
6077Agriculture and Consumer Services.
6078     (9)(i)  Business planning, investment potential, financial
6079risks, and economics of production and utilization.
6080     (2)  A revision and update of the South Florida Tropical
6081Fruit Plan shall be submitted biennially, and a progress report
6082and budget request shall be submitted annually, to the officials
6083specified in subsection (1).
6084     Section 221.  Paragraph (d) of subsection (6) of section
6085627.351, Florida Statutes, is amended to read:
6086     627.351  Insurance risk apportionment plans.--
6087     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
6088     (d)1.  It is the intent of the Legislature that the rates
6089for coverage provided by the corporation be actuarially sound
6090and not competitive with approved rates charged in the admitted
6091voluntary market, so that the corporation functions as a
6092residual market mechanism to provide insurance only when the
6093insurance cannot be procured in the voluntary market. Rates
6094shall include an appropriate catastrophe loading factor that
6095reflects the actual catastrophic exposure of the corporation.
6096     2.  For each county, the average rates of the corporation
6097for each line of business for personal lines residential
6098policies excluding rates for wind-only policies shall be no
6099lower than the average rates charged by the insurer that had the
6100highest average rate in that county among the 20 insurers with
6101the greatest total direct written premium in the state for that
6102line of business in the preceding year, except that with respect
6103to mobile home coverages, the average rates of the corporation
6104shall be no lower than the average rates charged by the insurer
6105that had the highest average rate in that county among the 5
6106insurers with the greatest total written premium for mobile home
6107owner's policies in the state in the preceding year.
6108     3.  Rates for personal lines residential wind-only policies
6109must be actuarially sound and not competitive with approved
6110rates charged by authorized insurers. However, for personal
6111lines residential wind-only policies issued or renewed between
6112July 1, 2002, and June 30, 2003, the maximum premium increase
6113must be no greater than 10 percent of the Florida Windstorm
6114Underwriting Association premium for that policy in effect on
6115June 30, 2002, as adjusted for coverage changes and seasonal
6116occupancy surcharges. For personal lines residential wind-only
6117policies issued or renewed between July 1, 2003, and June 30,
61182004, the corporation shall use its existing filed and approved
6119wind-only rating and classification plans, provided, however,
6120that the maximum premium increase must be no greater than 20
6121percent of the premium for that policy in effect on June 30,
61222003, as adjusted for coverage changes and seasonal occupancy
6123surcharges. Corporation rate manuals shall include a rate
6124surcharge for seasonal occupancy. To ensure that personal lines
6125residential wind-only rates effective on or after July 1, 2004,
6126are not competitive with approved rates charged by authorized
6127insurers, the corporation, in conjunction with the office, shall
6128develop a wind-only ratemaking methodology, which methodology
6129shall be contained in a rate filing made by the corporation with
6130the office by January 1, 2004. If the office thereafter
6131determines that the wind-only rates or rating factors filed by
6132the corporation fail to comply with the wind-only ratemaking
6133methodology provided for in this subsection, it shall so notify
6134the corporation and require the corporation to amend its rates
6135or rating factors to come into compliance within 90 days of
6136notice from the office. The office shall report to the Speaker
6137of the House of Representatives and the President of the Senate
6138on the provisions of the wind-only ratemaking methodology by
6139January 31, 2004.
6140     4.  Rates for commercial lines coverage shall not be
6141subject to the requirements of subparagraph 2., but shall be
6142subject to all other requirements of this paragraph and s.
6143627.062.
6144     5.  Nothing in this paragraph shall require or allow the
6145corporation to adopt a rate that is inadequate under s. 627.062.
6146     6.  The corporation shall certify to the office at least
6147twice annually that its personal lines rates comply with the
6148requirements of subparagraphs 1. and 2. If any adjustment in the
6149rates or rating factors of the corporation is necessary to
6150ensure such compliance, the corporation shall make and implement
6151such adjustments and file its revised rates and rating factors
6152with the office. If the office thereafter determines that the
6153revised rates and rating factors fail to comply with the
6154provisions of subparagraphs 1. and 2., it shall notify the
6155corporation and require the corporation to amend its rates or
6156rating factors in conjunction with its next rate filing. The
6157office must notify the corporation by electronic means of any
6158rate filing it approves for any insurer among the insurers
6159referred to in subparagraph 2.
6160     7.  In addition to the rates otherwise determined pursuant
6161to this paragraph, the corporation shall impose and collect an
6162amount equal to the premium tax provided for in s. 624.509 to
6163augment the financial resources of the corporation.
6164     8.a.  To assist the corporation in developing additional
6165ratemaking methods to assure compliance with subparagraphs 1.
6166and 4., the corporation shall appoint a rate methodology panel
6167consisting of one person recommended by the Florida Association
6168of Insurance Agents, one person recommended by the Professional
6169Insurance Agents of Florida, one person recommended by the
6170Florida Association of Insurance and Financial Advisors, one
6171person recommended by the insurer with the highest voluntary
6172market share of residential property insurance business in the
6173state, one person recommended by the insurer with the second-
6174highest voluntary market share of residential property insurance
6175business in the state, one person recommended by an insurer
6176writing commercial residential property insurance in this state,
6177one person recommended by the Office of Insurance Regulation,
6178and one board member designated by the board chairman, who shall
6179serve as chairman of the panel.
6180     b.  By January 1, 2004, the rate methodology panel shall
6181provide a report to the corporation of its findings and
6182recommendations for the use of additional ratemaking methods and
6183procedures, including the use of a rate equalization surcharge
6184in an amount sufficient to assure that the total cost of
6185coverage for policyholders or applicants to the corporation is
6186sufficient to comply with subparagraph 1.
6187     c.  Within 30 days after such report, the corporation shall
6188present to the President of the Senate, the Speaker of the House
6189of Representatives, the minority party leaders of each house of
6190the Legislature, and the chairs of the standing committees of
6191each house of the Legislature having jurisdiction of insurance
6192issues, a plan for implementing the additional ratemaking
6193methods and an outline of any legislation needed to facilitate
6194use of the new methods.
6195     d.  The plan must include a provision that producer
6196commissions paid by the corporation shall not be calculated in
6197such a manner as to include any rate equalization surcharge.
6198However, without regard to the plan to be developed or its
6199implementation, producer commissions paid by the corporation for
6200each account, other than the quota share primary program, shall
6201remain fixed as to percentage, effective rate, calculation, and
6202payment method until January 1, 2004.
6203     8.9.  By January 1, 2004, the corporation shall develop a
6204notice to policyholders or applicants that the rates of Citizens
6205Property Insurance Corporation are intended to be higher than
6206the rates of any admitted carrier and providing other
6207information the corporation deems necessary to assist consumers
6208in finding other voluntary admitted insurers willing to insure
6209their property.
6210     Section 222.  Subsection (6) of section 627.64872, Florida
6211Statutes, is amended to read:
6212     627.64872  Florida Health Insurance Plan.--
6213     (6)  INTERIM REPORT; ANNUAL REPORT.--
6214     (a)  By no later than December 1, 2004, the board shall
6215report to the Governor, the President of the Senate, and the
6216Speaker of the House of Representatives the results of an
6217actuarial study conducted by the board to determine, including,
6218but not limited to:
6219     1.  The impact the creation of the plan will have on the
6220small group insurance market and the individual market on
6221premiums paid by insureds. This shall include an estimate of the
6222total anticipated aggregate savings for all small employers in
6223the state.
6224     2.  The number of individuals the pool could reasonably
6225cover at various funding levels, specifically, the number of
6226people the pool may cover at each of those funding levels.
6227     3.  A recommendation as to the best source of funding for
6228the anticipated deficits of the pool.
6229     4.  The effect on the individual and small group market by
6230including in the Florida Health Insurance Plan persons eligible
6231for coverage under s. 627.6487, as well as the cost of including
6232these individuals.
6233
6234The board shall take no action to implement the Florida Health
6235Insurance Plan, other than the completion of the actuarial study
6236authorized in this paragraph, until funds are appropriated for
6237startup cost and any projected deficits.
6238     (b)  No later than December 1, 2005, and annually
6239thereafter, the board shall submit to the Governor, the
6240President of the Senate, the Speaker of the House of
6241Representatives, and the substantive legislative committees of
6242the Legislature a report which includes an independent actuarial
6243study to determine, including, but not be limited to:
6244     (a)1.  The impact the creation of the plan has on the small
6245group and individual insurance market, specifically on the
6246premiums paid by insureds. This shall include an estimate of the
6247total anticipated aggregate savings for all small employers in
6248the state.
6249     (b)2.  The actual number of individuals covered at the
6250current funding and benefit level, the projected number of
6251individuals that may seek coverage in the forthcoming fiscal
6252year, and the projected funding needed to cover anticipated
6253increase or decrease in plan participation.
6254     (c)3.  A recommendation as to the best source of funding
6255for the anticipated deficits of the pool.
6256     (d)4.  A summarization of the activities of the plan in the
6257preceding calendar year, including the net written and earned
6258premiums, plan enrollment, the expense of administration, and
6259the paid and incurred losses.
6260     (e)5.  A review of the operation of the plan as to whether
6261the plan has met the intent of this section.
6262
6263The board shall take no action to implement the Florida Health
6264Insurance Plan, other than the completion of the actuarial study
6265authorized in this subsection, until funds are appropriated for
6266startup costs and any projected deficits.
6267     Section 223.  Subsection (2) of section 744.7021, Florida
6268Statutes, is amended to read:
6269     744.7021  Statewide Public Guardianship Office.--There is
6270hereby created the Statewide Public Guardianship Office within
6271the Department of Elderly Affairs.
6272     (2)  The executive director shall, within available
6273resources, have oversight responsibilities for all public
6274guardians.
6275     (a)  The executive director shall review the current public
6276guardian programs in Florida and other states.
6277     (b)  The executive director, in consultation with local
6278guardianship offices, shall develop statewide performance
6279measures and standards.
6280     (c)  The executive director shall review the various
6281methods of funding guardianship programs, the kinds of services
6282being provided by such programs, and the demographics of the
6283wards. In addition, the executive director shall review and make
6284recommendations regarding the feasibility of recovering a
6285portion or all of the costs of providing public guardianship
6286services from the assets or income of the wards.
6287     (d)  By January 1, 2004, and by January 1 of each year
6288thereafter, the executive director shall provide a status report
6289and provide further recommendations to the secretary that
6290address the need for public guardianship services and related
6291issues.
6292     (d)(e)  The executive director may provide assistance to
6293local governments or entities in pursuing grant opportunities.
6294The executive director shall evaluate review and make
6295recommendations in the annual report on the availability and
6296efficacy of seeking Medicaid matching funds. The executive
6297director shall diligently seek ways to use existing programs and
6298services to meet the needs of public wards.
6299     (e)(f)  The executive director, in consultation with the
6300Florida Guardianship Foundation, shall develop a guardianship
6301training program curriculum that may be offered to all guardians
6302whether public or private.
6303     (f)  The executive director shall provide an annual status
6304report to the secretary that includes policy and legislative
6305recommendations relating to the provision of public
6306guardianship.
6307     Section 224.  Subsections (5) and (7) of section 744.708,
6308Florida Statutes, are amended to read:
6309     744.708  Reports and standards.--
6310     (5)  An independent audit of each public guardian office by
6311a qualified certified public accountant shall be conducted by a
6312qualified certified public accountant performed at least every 2
6313years. The audit should include an investigation into the
6314practices of the office for managing the person and property of
6315the wards. A copy of the report shall be submitted to the
6316Statewide Public Guardianship Office. In addition, the office of
6317public guardian shall be subject to audits or examinations by
6318the Auditor General and the Office of Program Policy Analysis
6319and Government Accountability pursuant to law.
6320     (7)  The ratio for professional staff to wards shall be 1
6321professional to 40 wards. The Statewide Public Guardianship
6322Office may increase or decrease the ratio after consultation
6323with the local public guardian and the chief judge of the
6324circuit court. The basis of the decision to increase or decrease
6325the prescribed ratio shall be reported in the annual report to
6326the Governor, the President of the Senate, the Speaker of the
6327House of Representatives, and the Chief Justice of the Supreme
6328Court.
6329     Section 225.  Subsection (3) of section 765.5215, Florida
6330Statutes, is amended to read:
6331     765.5215  Education program relating to anatomical
6332gifts.--The Agency for Health Care Administration, subject to
6333the concurrence of the Department of Highway Safety and Motor
6334Vehicles, shall develop a continuing program to educate and
6335inform medical professionals, law enforcement agencies and
6336officers, high school children, state and local government
6337employees, and the public regarding the laws of this state
6338relating to anatomical gifts and the need for anatomical gifts.
6339     (3)  The Agency for Health Care Administration shall, no
6340later than March 1 of each year, submit a report to the
6341Legislature containing statistical data on the effectiveness of
6342the program in procuring donor organs and the effect of the
6343program on state spending for health care.
6344     Section 226.  Subsection (6) of section 768.295, Florida
6345Statutes, is amended to read:
6346     768.295  Strategic Lawsuits Against Public Participation
6347(SLAPP) suits by governmental entities prohibited.--
6348     (6)  In any case filed by a governmental entity which is
6349found by a court to be in violation of this section, the
6350governmental entity shall report such finding and provide a copy
6351of the court's order to the Attorney General no later than 30
6352days after such order is final. The Attorney General shall
6353maintain a record of such court orders report any violation of
6354this section by a governmental entity to the Cabinet, the
6355President of the Senate, and the Speaker of the House of
6356Representatives. A copy of such report shall be provided to the
6357affected governmental entity.
6358     Section 227.  Paragraphs (a) and (c) of subsection (3) of
6359section 775.084, Florida Statutes, are amended to read:
6360     775.084  Violent career criminals; habitual felony
6361offenders and habitual violent felony offenders; three-time
6362violent felony offenders; definitions; procedure; enhanced
6363penalties or mandatory minimum prison terms.--
6364     (3)(a)  In a separate proceeding, the court shall determine
6365if the defendant is a habitual felony offender or a habitual
6366violent felony offender. The procedure shall be as follows:
6367     1.  The court shall obtain and consider a presentence
6368investigation prior to the imposition of a sentence as a
6369habitual felony offender or a habitual violent felony offender.
6370     2.  Written notice shall be served on the defendant and the
6371defendant's attorney a sufficient time prior to the entry of a
6372plea or prior to the imposition of sentence in order to allow
6373the preparation of a submission on behalf of the defendant.
6374     3.  Except as provided in subparagraph 1., all evidence
6375presented shall be presented in open court with full rights of
6376confrontation, cross-examination, and representation by counsel.
6377     4.  Each of the findings required as the basis for such
6378sentence shall be found to exist by a preponderance of the
6379evidence and shall be appealable to the extent normally
6380applicable to similar findings.
6381     5.  For the purpose of identification of a habitual felony
6382offender or a habitual violent felony offender, the court shall
6383fingerprint the defendant pursuant to s. 921.241.
6384     6.  For an offense committed on or after October 1, 1995,
6385if the state attorney pursues a habitual felony offender
6386sanction or a habitual violent felony offender sanction against
6387the defendant and the court, in a separate proceeding pursuant
6388to this paragraph, determines that the defendant meets the
6389criteria under subsection (1) for imposing such sanction, the
6390court must sentence the defendant as a habitual felony offender
6391or a habitual violent felony offender, subject to imprisonment
6392pursuant to this section unless the court finds that such
6393sentence is not necessary for the protection of the public. If
6394the court finds that it is not necessary for the protection of
6395the public to sentence the defendant as a habitual felony
6396offender or a habitual violent felony offender, the court shall
6397provide written reasons; a written transcript of orally stated
6398reasons is permissible, if filed by the court within 7 days
6399after the date of sentencing. Each month, the court shall submit
6400to the Office of Economic and Demographic Research of the
6401Legislature the written reasons or transcripts in each case in
6402which the court determines not to sentence a defendant as a
6403habitual felony offender or a habitual violent felony offender
6404as provided in this subparagraph.
6405     (c)  In a separate proceeding, the court shall determine
6406whether the defendant is a violent career criminal with respect
6407to a primary offense committed on or after October 1, 1995. The
6408procedure shall be as follows:
6409     1.  Written notice shall be served on the defendant and the
6410defendant's attorney a sufficient time prior to the entry of a
6411plea or prior to the imposition of sentence in order to allow
6412the preparation of a submission on behalf of the defendant.
6413     2.  All evidence presented shall be presented in open court
6414with full rights of confrontation, cross-examination, and
6415representation by counsel.
6416     3.  Each of the findings required as the basis for such
6417sentence shall be found to exist by a preponderance of the
6418evidence and shall be appealable only as provided in paragraph
6419(d).
6420     4.  For the purpose of identification, the court shall
6421fingerprint the defendant pursuant to s. 921.241.
6422     5.  For an offense committed on or after October 1, 1995,
6423if the state attorney pursues a violent career criminal sanction
6424against the defendant and the court, in a separate proceeding
6425pursuant to this paragraph, determines that the defendant meets
6426the criteria under subsection (1) for imposing such sanction,
6427the court must sentence the defendant as a violent career
6428criminal, subject to imprisonment pursuant to this section
6429unless the court finds that such sentence is not necessary for
6430the protection of the public. If the court finds that it is not
6431necessary for the protection of the public to sentence the
6432defendant as a violent career criminal, the court shall provide
6433written reasons; a written transcript of orally stated reasons
6434is permissible, if filed by the court within 7 days after the
6435date of sentencing. Each month, the court shall submit to the
6436Office of Economic and Demographic Research of the Legislature
6437the written reasons or transcripts in each case in which the
6438court determines not to sentence a defendant as a violent career
6439criminal as provided in this subparagraph.
6440     Section 228.  Subsection (8) of section 790.22, Florida
6441Statutes, is amended to read:
6442     790.22  Use of BB guns, air or gas-operated guns, or
6443electric weapons or devices by minor under 16; limitation;
6444possession of firearms by minor under 18 prohibited;
6445penalties.--
6446     (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a
6447minor under 18 years of age is charged with an offense that
6448involves the use or possession of a firearm, as defined in s.
6449790.001, including a violation of subsection (3), or is charged
6450for any offense during the commission of which the minor
6451possessed a firearm, the minor shall be detained in secure
6452detention, unless the state attorney authorizes the release of
6453the minor, and shall be given a hearing within 24 hours after
6454being taken into custody. At the hearing, the court may order
6455that the minor continue to be held in secure detention in
6456accordance with the applicable time periods specified in s.
6457985.215(5), if the court finds that the minor meets the criteria
6458specified in s. 985.215(2), or if the court finds by clear and
6459convincing evidence that the minor is a clear and present danger
6460to himself or herself or the community. The Department of
6461Juvenile Justice shall prepare a form for all minors charged
6462under this subsection that states the period of detention and
6463the relevant demographic information, including, but not limited
6464to, the sex, age, and race of the minor; whether or not the
6465minor was represented by private counsel or a public defender;
6466the current offense; and the minor's complete prior record,
6467including any pending cases. The form shall be provided to the
6468judge to be considered when determining whether the minor should
6469be continued in secure detention under this subsection. An order
6470placing a minor in secure detention because the minor is a clear
6471and present danger to himself or herself or the community must
6472be in writing, must specify the need for detention and the
6473benefits derived by the minor or the community by placing the
6474minor in secure detention, and must include a copy of the form
6475provided by the department. The Department of Juvenile Justice
6476must send the form, including a copy of any order, without
6477client-identifying information, to the Office of Economic and
6478Demographic Research.
6479     Section 229.  Paragraph (b) of subsection (9) of section
6480932.7055, Florida Statutes, is amended to read:
6481     932.7055  Disposition of liens and forfeited property.--
6482     (9)
6483     (b)  The Department of Law Enforcement shall submit an
6484annual report to the criminal justice committees of the House of
6485Representatives and of the Senate compiling the information and
6486data related in the semiannual reports submitted by the law
6487enforcement agencies. The annual report shall also contain a
6488list of law enforcement agencies which have failed to meet the
6489reporting requirements and a summary of any action which has
6490been taken against the noncomplying agency by the Office of the
6491Chief Financial Officer.
6492     Section 230.  Subsection (3) of section 943.08, Florida
6493Statutes, is amended to read:
6494     943.08  Duties; Criminal and Juvenile Justice Information
6495Systems Council.--
6496     (3)  The council shall develop and approve a strategic plan
6497pursuant to the requirements set forth in s. 186.022. Copies of
6498the approved plan shall be transmitted, electronically or in
6499writing, to the Executive Office of the Governor, the Speaker of
6500the House of Representatives, the President of the Senate, and
6501the council members.
6502     Section 231.  Subsection (2) of section 943.125, Florida
6503Statutes, is amended to read:
6504     943.125  Law enforcement agency accreditation.--
6505     (2)  FEASIBILITY AND STATUS REPORT.--The Florida Sheriffs
6506Association and the Florida Police Chiefs Association, either
6507jointly or separately, shall report to the Speaker of the House
6508of Representatives and the President of the Senate regarding the
6509feasibility of a law enforcement agency accreditation program
6510and the status of the efforts of the Florida Sheriffs
6511Association and the Florida Police Chiefs Association to develop
6512a law enforcement agency accreditation program as provided in
6513this section.
6514     Section 232.  Subsection (9) of section 943.68, Florida
6515Statutes, is amended to read:
6516     943.68  Transportation and protective services.--
6517     (9)  The department shall submit reports annually on July
651815 and January 15 of each year to the President of the Senate,
6519Speaker of the House of Representatives, Governor, Legislature,
6520and members of the Cabinet, detailing all transportation and
6521protective services provided under subsections (1), (5), and (6)
6522within the preceding fiscal year 6 months. Each report shall
6523include a detailed accounting of the cost of such transportation
6524and protective services, including the names of persons provided
6525such services and the nature of state business performed.
6526     Section 233.  Section 944.023, Florida Statutes, is amended
6527to read:
6528     944.023  Definitions; capacity factors Comprehensive
6529correctional master plan.--
6530     (1)  As used in this section and s. 944.0231, the term:
6531     (a)  "Criminal Justice Estimating Conference" means the
6532Criminal Justice Estimating Conference referred to in s.
6533216.136(5).
6534     (b)  "Total capacity" of the state correctional system
6535means the total design capacity of all institutions and
6536facilities in the state correctional system, which may include
6537those facilities authorized and funded under chapter 957,
6538increased by one-half, with the following exceptions:
6539     1.  Medical and mental health beds must remain at design
6540capacity.
6541     2.  Community-based contracted beds must remain at design
6542capacity.
6543     3.  The one-inmate-per-cell requirement at Florida State
6544Prison and other maximum security facilities must be maintained
6545pursuant to paragraph (3)(7)(a).
6546     4.  Community correctional centers and drug treatment
6547centers must be increased by one-third.
6548     5.  A housing unit may not exceed its maximum capacity
6549pursuant to paragraphs (3)(7)(a) and (b).
6550     6.  A number of beds equal to 5 percent of total capacity
6551shall be deducted for management beds at institutions.
6552     (c)  "State correctional system" means the correctional
6553system as defined in s. 944.02.
6554     (2)  The department shall develop a comprehensive
6555correctional master plan. The master plan shall project the
6556needs for the state correctional system for the coming 5-year
6557period and shall be updated annually and submitted to the
6558Governor's office and the Legislature at the same time the
6559department submits its legislative budget request as provided in
6560chapter 216.
6561     (3)  The purposes of the comprehensive correctional master
6562plan shall be:
6563     (a)  To ensure that the penalties of the criminal justice
6564system are completely and effectively administered to the
6565convicted criminals and, to the maximum extent possible, that
6566the criminal is provided opportunities for self-improvement and
6567returned to freedom as a productive member of society.
6568     (b)  To the extent possible, to protect the public safety
6569and the law-abiding citizens of this state and to carry out the
6570laws protecting the rights of the victims of convicted
6571criminals.
6572     (c)  To develop and maintain a humane system of punishment
6573providing prison inmates with proper housing, nourishment, and
6574medical attention.
6575     (d)  To provide fair and adequate compensation and benefits
6576to the employees of the state correctional system.
6577     (e)  To the extent possible, to maximize the effective and
6578efficient use of the principles used in private business.
6579     (f)  To provide that convicted criminals not be
6580incarcerated for any longer period of time or in any more secure
6581facility than is necessary to ensure adequate sanctions,
6582rehabilitation of offenders, and protection of public safety.
6583     (4)  The comprehensive correctional master plan shall use
6584the estimates of the Criminal Justice Estimating Conference and
6585shall include:
6586     (a)  A plan for the decentralization of reception and
6587classification facilities for the implementation of a systemwide
6588diagnosis-and-evaluation capability for adult offenders. The
6589plan shall provide for a system of psychological testing and
6590evaluation as well as medical screening through department
6591resources or with other public or private agencies through a
6592purchase-of-services agreement.
6593     (b)  A plan developed by the department for the
6594comprehensive vocational and educational training of, and
6595treatment programs for, offenders and their evaluation within
6596each institution, program, or facility of the department, based
6597upon the identified needs of the offender and the requirements
6598of the employment market.
6599     (c)  A plan contracting with local facilities and programs
6600as short-term confinement resources of the department for
6601offenders who are sentenced to 3 years or less, or who are
6602within 3 years or less of their anticipated release date, and
6603integration of detention services which have community-based
6604programs. The plan shall designate such facilities and programs
6605by region of the state and identify, by county, the capability
6606for local incarceration.
6607     (d)  A detailed analysis of methods to implement
6608diversified alternatives to institutionalization when such
6609alternatives can be safely employed. The analysis shall include
6610an assessment of current pretrial intervention, probation, and
6611community control alternatives and their cost-effectiveness with
6612regard to restitution to victims, reimbursements for cost of
6613supervision, and subsequent violations resulting in commitments
6614to the department. Such analysis shall also include an
6615assessment of current use of electronic surveillance of
6616offenders and projected potential for diverting additional
6617categories of offenders from incarceration within the
6618department.
6619     (e)  A detailed analysis of current incarceration rates of
6620both the state and county correctional systems with the
6621calculation by the department of the current and projected
6622ratios of inmates in the correctional system, as defined in s.
6623945.01, to the general population of the state which will serve
6624as a basis for projecting construction needs.
6625     (f)  A plan for community-based facilities and programs for
6626the reintegration of offenders into society whereby inmates who
6627are being released shall receive assistance. Such assistance may
6628be through work-release, transition assistance, release
6629assistance stipend, contract release, postrelease special
6630services, temporary housing, or job placement programs.
6631     (g)  A plan reflecting parity of pay or comparable economic
6632benefits for correctional officers with that of law enforcement
6633officers in this state, and an assessment of projected impacts
6634on turnover rates within the department.
6635     (h)  A plan containing habitability criteria which defines
6636when beds are available and functional for use by inmates, and
6637containing factors which define when institutions and facilities
6638may be added to the inventory of the state correctional system.
6639     (5)  The comprehensive correctional master plan shall
6640project by year the total operating and capital outlay costs
6641necessary for constructing a sufficient number of prison beds to
6642avoid a deficiency in prison beds. Included in the master plan
6643which projects operating and capital outlay costs shall be a
6644siting plan which shall assess, rank, and designate appropriate
6645sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
6646include an assessment of the department's current capability for
6647providing the degree of security necessary to ensure public
6648safety and should reflect the levels of security needed for the
6649forecasted admissions of various types of offenders based upon
6650sentence lengths and severity of offenses. The plan shall also
6651provide construction options for targeting violent and habitual
6652offenders for incarceration while providing specific
6653alternatives for the various categories of lesser offenders.
6654     (2)(6)  Institutions within the state correctional system
6655shall have the following design capacity factors:
6656     (a)  Rooms and prison cells between 40 square feet and 90
6657square feet, inclusive: one inmate per room or prison cell.
6658     (b)  Dormitory-style rooms and other rooms exceeding 90
6659square feet: one inmate per 55 square feet.
6660     (c)  At institutions with rooms or cells, except to the
6661extent that separate confinement cells have been constructed, a
6662number of rooms or prison cells equal to 3 percent of total
6663design capacity must be deducted from design capacity and set
6664aside for confinement purposes.
6665     (d)  Bed count calculations used to determine design
6666capacity shall only include beds which are functional and
6667available for use by inmates.
6668     (3)(7)  Institutions within the state correctional system
6669shall have the following maximum capacity factors:
6670     (a)  Rooms and prison cells between 40 square feet and 60
6671square feet, inclusive: one inmate per room or cell. If the room
6672or prison cell is between 60 square feet and 90 square feet,
6673inclusive, two inmates are allowed in each room, except that one
6674inmate per room or prison cell is allowed at Florida State
6675Prison or any other maximum security institution or facility
6676which may be constructed.
6677     (b)  Dormitory-style rooms and other rooms exceeding 90
6678square feet: one inmate per 37.5 square feet. Double-bunking is
6679generally allowed only along the outer walls of a dormitory.
6680     (c)  At institutions with rooms or cells, except to the
6681extent that separate confinement cells have been constructed, a
6682number of rooms or prison cells equal to 3 percent of total
6683maximum capacity are not available for maximum capacity, and
6684must be set aside for confinement purposes, thereby reducing
6685maximum capacity by 6 percent since these rooms would otherwise
6686house two inmates.
6687     (d)  A number of beds equal to 5 percent of total maximum
6688capacity must be deducted for management at institutions.
6689     Section 234.  Paragraph (f) of subsection (3) of section
6690944.801, Florida Statutes, is amended to read:
6691     944.801  Education for state prisoners.--
6692     (3)  The responsibilities of the Correctional Education
6693Program shall be to:
6694     (f)  Report annual activities to the Secretary of
6695Corrections, the Commissioner of Education, the Governor, and
6696the Legislature.
6697     Section 235.  Subsection (10) of section 945.35, Florida
6698Statutes, is amended to read:
6699     945.35  Requirement for education on human immunodeficiency
6700virus, acquired immune deficiency syndrome, and other
6701communicable diseases.--
6702     (10)  The department shall report to the Legislature by
6703March 1 each year as to the implementation of this program and
6704the participation by inmates and staff.
6705     Section 236.  Paragraph (d) of subsection (8) of section
6706948.10, Florida Statutes, is amended to read:
6707     948.10  Community control programs.--
6708     (8)  If an offender is sentenced to community control by
6709the court and the offender is ineligible to be placed on
6710community control as provided in subsection (2), the department
6711shall:
6712     (d)  Provide an annual report to the Governor, the
6713President of the Senate, the Speaker of the House of
6714Representatives, and the Chief Justice of the Supreme Court on
6715the placement of ineligible offenders on community control in
6716order to assist in preparing judicial education programs or for
6717any other purpose.
6718     Section 237.  Subsection (9) of section 958.045, Florida
6719Statutes, is amended to read:
6720     958.045  Youthful offender basic training program.--
6721     (9)  Upon commencement of the community residential
6722program, the department shall submit annual reports to the
6723Governor, the President of the Senate, and the Speaker of the
6724House of Representatives detailing the extent of implementation
6725of the basic training program and the community residential
6726program, and outlining future goals and any recommendation the
6727department has for future legislative action.
6728     Section 238.  Paragraph (c) of subsection (1) of section
6729960.045, Florida Statutes, is amended to read:
6730     960.045  Department of Legal Affairs; powers and
6731duties.--It shall be the duty of the department to assist
6732persons who are victims of crime.
6733     (1)  The department shall:
6734     (c)  Prepare an annual Render, prior to January 1 of each
6735year, to the presiding officers of the Senate and House of
6736Representatives a written report of the activities of the Crime
6737Victims' Services Office that shall be available on the
6738department's website.
6739     Section 239.  Paragraph (c) of subsection (8) of section
6740985.02, Florida Statutes, is amended to read
6741     985.02  Legislative intent for the juvenile justice
6742system.--
6743     (8)  GENDER-SPECIFIC PROGRAMMING.--
6744     (c)  The Office of Program Policy Analysis and Government
6745Accountability shall conduct an analysis of programs for young
6746females within the Department of Juvenile Justice. The analysis
6747shall address the nature of young female offenders in this
6748state, the percentage of young females who are incarcerated in
6749the juvenile justice system for status offenses and violations
6750of probation, and whether these young females could be better
6751served in less costly community-based programs. In addition, the
6752review shall analyze whether existing juvenile justice programs
6753are designed to meet the gender-specific needs of young females
6754and an analysis of the true cost of providing gender-specific
6755services to young females.
6756     Section 240.  Subsections (3), (4), and (5) of section
6757985.08, Florida Statutes, are amended to read:
6758     985.08  Information systems.--
6759     (3)  In order to assist in the integration of the
6760information to be shared, the sharing of information obtained,
6761the joint planning on diversion and early intervention
6762strategies for juveniles at risk of becoming serious habitual
6763juvenile offenders, and the intervention strategies for serious
6764habitual juvenile offenders, a multiagency task force should be
6765organized and utilized by the law enforcement agency or county
6766in conjunction with the initiation of the information system
6767described in subsections (1) and (2). The multiagency task force
6768shall be composed of representatives of those agencies and
6769persons providing information for the central identification
6770file and the multiagency information sheet.
6771     (4)  This multiagency task force shall develop a plan for
6772the information system that includes measures which identify and
6773address any disproportionate representation of ethnic or racial
6774minorities in the information systems and shall develop
6775strategies that address the protection of individual
6776constitutional rights.
6777     (3)(5)  Any law enforcement agency, or county that which
6778implements a juvenile offender information system and the
6779multiagency task force which maintain the information system
6780must annually provide any information gathered during the
6781previous year to the delinquency and gang prevention council of
6782the judicial circuit in which the county is located. This
6783information shall include the number, types, and patterns of
6784delinquency tracked by the juvenile offender information system.
6785     Section 241.  Subsections (2) and (3) of section 985.3045,
6786Florida Statutes, are amended to read:
6787     985.3045  Prevention service program; monitoring; report;
6788uniform performance measures.--
6789     (2)  No later than January 31, 2001, the prevention service
6790program shall submit a report to the Governor, the Speaker of
6791the House, and the President of the Senate concerning the
6792implementation of a statewide multiagency plan to coordinate the
6793efforts of all state-funded programs, grants, appropriations, or
6794activities that are designed to prevent juvenile crime,
6795delinquency, gang membership, or status offense behaviors and
6796all state-funded programs, grants, appropriations, or activities
6797that are designed to prevent a child from becoming a "child in
6798need of services," as defined in chapter 984. The report shall
6799include a proposal for a statewide coordinated multiagency
6800juvenile delinquency prevention policy. In preparing the report,
6801the department shall coordinate with and receive input from each
6802state agency or entity that receives or uses state
6803appropriations to fund programs, grants, appropriations, or
6804activities that are designed to prevent juvenile crime,
6805delinquency, gang membership, status offense, or that are
6806designed to prevent a child from becoming a "child in need of
6807services," as defined in chapter 984. The report shall identify
6808whether legislation will be needed to effect a statewide plan to
6809coordinate the efforts of all state-funded programs, grants,
6810appropriations, or activities that are designed to prevent
6811juvenile crime, delinquency, gang membership, or status offense
6812behaviors and all state-funded programs, grants, appropriations,
6813or activities that are designed to prevent a child from becoming
6814a "child in need of services," as defined in chapter 984. The
6815report shall consider the potential impact of requiring such
6816state-funded efforts to target at least one of the following
6817strategies designed to prevent youth from entering or reentering
6818the juvenile justice system and track the associated outcome
6819data:
6820     (a)  Encouraging youth to attend school, which may include
6821special assistance and tutoring to address deficiencies in
6822academic performance; outcome data to reveal the number of days
6823youth attended school while participating in the program.
6824     (b)  Engaging youth in productive and wholesome activities
6825during nonschool hours that build positive character or instill
6826positive values, or that enhance educational experiences;
6827outcome data to reveal the number of youth who are arrested
6828during nonschool hours while participating in the program.
6829     (c)  Encouraging youth to avoid the use of violence;
6830outcome data to reveal the number of youth who are arrested for
6831crimes involving violence while participating in the program.
6832     (d)  Assisting youth to acquire skills needed to find
6833meaningful employment, which may include assistance in finding a
6834suitable employer for the youth; outcome data to reveal the
6835number of youth who obtain and maintain employment for at least
6836180 days.
6837
6838The department is encouraged to identify additional strategies
6839which may be relevant to preventing youth from becoming children
6840in need of services and to preventing juvenile crime,
6841delinquency, gang membership and status offense behaviors. The
6842report shall consider the feasibility of developing uniform
6843performance measures and methodology for collecting such outcome
6844data to be utilized by all state-funded programs, grants,
6845appropriations, or activities that are designed to prevent
6846juvenile crime, delinquency, gang membership, or status offense
6847behaviors and all state-funded programs, grants, appropriations,
6848or activities that are designed to prevent a child from becoming
6849a "child in need of services," as defined in chapter 984. The
6850prevention service program is encouraged to identify other
6851issues that may be of critical importance to preventing a child
6852from becoming a child in need of services, as defined in chapter
6853984, or to preventing juvenile crime, delinquency, gang
6854membership, or status offense behaviors.
6855     (2)(3)  The department shall expend funds related to the
6856prevention of juvenile delinquency in a manner consistent with
6857the policies expressed in ss. 984.02 and 985.02. The department
6858shall expend said funds in a manner that maximizes public
6859accountability and ensures the documentation of outcomes.
6860     (a)  All entities that receive or use state moneys to fund
6861juvenile delinquency prevention services through contracts or
6862grants with the department shall design the programs providing
6863such services to further one or more of the following
6864strategies: specified in paragraphs (2)(a)-(d).
6865     1.  Encouraging youth to attend school, which may include
6866special assistance and tutoring to address deficiencies in
6867academic performance and collecting outcome data to reveal the
6868number of days youth attended school while participating in the
6869program.
6870     2.  Engaging youth in productive and wholesome activities
6871during nonschool hours that build positive character or instill
6872positive values or that enhance educational experiences and
6873collecting outcome data to reveal the number of youths who are
6874arrested during nonschool hours while participating in the
6875program.
6876     3.  Encouraging youth to avoid the use of violence and
6877collecting outcome data to reveal the number of youths who are
6878arrested for crimes involving violence while participating in
6879the program.
6880     4.  Assisting youth to acquire skills needed to find
6881meaningful employment, which may include assistance in finding a
6882suitable employer for the youth and collecting outcome data to
6883reveal the number of youths who obtain and maintain employment
6884for at least 180 days.
6885     (b)  The department shall develop an outcome measure for
6886each program strategy specified in paragraph (a) paragraphs
6887(2)(a)-(d) that logically relates to the risk factor addressed
6888by the strategy.
6889     (c)  All entities that receive or use state moneys to fund
6890the juvenile delinquency prevention services through contracts
6891or grants with the department shall, as a condition of receipt
6892of state funds, provide the department with personal demographic
6893information concerning all participants in the service
6894sufficient to allow the department to verify criminal or
6895delinquent history information, school attendance or academic
6896information, employment information, or other requested
6897performance information.
6898     Section 242.  Section 985.3046, Florida Statutes, is
6899repealed.
6900     Section 243.  Subsection (5) of section 985.305, Florida
6901Statutes, is amended to read:
6902     985.305  Early delinquency intervention program;
6903criteria.--
6904     (5)  Not later than 18 months after the initiation of an
6905early delinquency intervention program, the department shall
6906prepare and submit a progress report to the chairs of the
6907appropriate House and Senate fiscal committees and the
6908appropriate House and Senate substantive committees on the
6909development and implementation of the program, including:
6910     (a)  Factors determining placement of a child in the
6911program.
6912     (b)  Services provided in each component of the program.
6913     (c)  Costs associated with each component of the program.
6914     (d)  Problems or difficulties encountered in the
6915implementation and operation of the program.
6916     Section 244.  Subsection (9) of section 985.309, Florida
6917Statutes, is amended to read:
6918     985.309  Boot camp for children.--
6919     (9)  If a department-operated boot camp fails to pass the
6920department's quarterly inspection and evaluation, the department
6921must take necessary and sufficient steps to ensure and document
6922program changes to achieve compliance with department rules. If
6923the department-operated boot camp fails to achieve compliance
6924with department rules within 3 months and if there are no
6925documented extenuating circumstances, the department may take
6926must notify the Executive Office of the Governor and the
6927Legislature of the corrective action taken. Appropriate
6928corrective action may include, but is not limited to:
6929     (a)  Contracting out for the operation of the boot camp;
6930     (b)  Initiating appropriate disciplinary action against all
6931employees whose conduct or performance is deemed to have
6932materially contributed to the program's failure to meet
6933department rules;
6934     (c)  Redesigning the program; or
6935     (d)  Realigning the program.
6936     Section 245.  Paragraph (a) of subsection (1) of section
6937985.31, Florida Statutes, is amended to read:
6938     985.31  Serious or habitual juvenile offender.--
6939     (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
6940provisions of this chapter and the establishment of appropriate
6941program guidelines and standards, contractual instruments, which
6942shall include safeguards of all constitutional rights, shall be
6943developed as follows:
6944     (a)  The department shall provide for:
6945     1.  The oversight of implementation of assessment and
6946treatment approaches.
6947     2.  The identification and prequalification of appropriate
6948individuals or not-for-profit organizations, including minority
6949individuals or organizations when possible, to provide
6950assessment and treatment services to serious or habitual
6951delinquent children.
6952     3.  The monitoring and evaluation of assessment and
6953treatment services for compliance with the provisions of this
6954chapter and all applicable rules and guidelines pursuant
6955thereto.
6956     4.  The development of an annual report on the performance
6957of assessment and treatment to be presented to the Governor, the
6958Attorney General, the President of the Senate, the Speaker of
6959the House of Representatives, and the Auditor General no later
6960than January 1 of each year.
6961     Section 246.  Paragraph (a) of subsection (1) of section
6962985.311, Florida Statutes, is amended to read:
6963     985.311  Intensive residential treatment program for
6964offenders less than 13 years of age.--
6965     (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to the
6966provisions of this chapter and the establishment of appropriate
6967program guidelines and standards, contractual instruments, which
6968shall include safeguards of all constitutional rights, shall be
6969developed for intensive residential treatment programs for
6970offenders less than 13 years of age as follows:
6971     (a)  The department shall provide for:
6972     1.  The oversight of implementation of assessment and
6973treatment approaches.
6974     2.  The identification and prequalification of appropriate
6975individuals or not-for-profit organizations, including minority
6976individuals or organizations when possible, to provide
6977assessment and treatment services to intensive offenders less
6978than 13 years of age.
6979     3.  The monitoring and evaluation of assessment and
6980treatment services for compliance with the provisions of this
6981chapter and all applicable rules and guidelines pursuant
6982thereto.
6983     4.  The development of an annual report on the performance
6984of assessment and treatment to be presented to the Governor, the
6985Attorney General, the President of the Senate, the Speaker of
6986the House of Representatives, the Auditor General, and the
6987Office of Program Policy Analysis and Government Accountability
6988no later than January 1 of each year.
6989     Section 247.  Subsection (1) of section 985.3155, Florida
6990Statutes, is amended to read:
6991     985.3155  Multiagency plan for vocational education.--
6992     (1)  The Department of Juvenile Justice and the Department
6993of Education shall, in consultation with the statewide Workforce
6994Development Youth Council, school districts, providers, and
6995others, jointly develop a multiagency plan for vocational
6996education that establishes the curriculum, goals, and outcome
6997measures for vocational programs in juvenile commitment
6998facilities. The plan must include:
6999     (a)  Provisions for maximizing appropriate state and
7000federal funding sources, including funds under the Workforce
7001Investment Act and the Perkins Act;
7002     (b)  The responsibilities of both departments and all other
7003appropriate entities; and
7004     (c)  A detailed implementation schedule.
7005
7006The plan must be submitted to the Governor, the President of the
7007Senate, and the Speaker of the House of Representatives by May
70081, 2001.
7009     Section 248.  Section 985.403, Florida Statutes, is
7010repealed.
7011     Section 249.  Subsection (7) of section 985.412, Florida
7012Statutes, is amended to read:
7013     985.412  Quality assurance and cost-effectiveness.--
7014     (7)  No later than November 1, 2001, the department shall
7015submit a proposal to the Legislature concerning funding
7016incentives and disincentives for the department and for
7017providers under contract with the department. The
7018recommendations for funding incentives and disincentives shall
7019be based upon both quality assurance performance and cost-
7020effectiveness performance. The proposal should strive to achieve
7021consistency in incentives and disincentives for both department-
7022operated and contractor-provided programs. The department may
7023include recommendations for the use of liquidated damages in the
7024proposal; however, the department is not presently authorized to
7025contract for liquidated damages in non-hardware-secure
7026facilities until January 1, 2002.
7027     Section 250.  Subsections (3) and (4) of section 1001.02,
7028Florida Statutes, are amended to read:
7029     1001.02  General powers of State Board of Education.--
7030     (3)  The State Board of Education shall adopt rules to
7031establish the criteria for assigning, reviewing, and removing
7032limited-access status to an educational program. The State Board
7033of Education shall monitor the extent of limited-access programs
7034within the state universities and report to the Legislature
7035admissions and enrollment data for limited-access programs. Such
7036report shall be submitted annually by December 1 and shall
7037assist in determining the potential need for academic program
7038contracts with independent institutions pursuant to paragraph
7039(2)(p). The report must specify, for each limited-access program
7040within each institution, the following categories, by race and
7041gender:
7042     (a)  The number of applicants.
7043     (b)  The number of applicants granted admission.
7044     (c)  The number of applicants who are granted admission and
7045enroll.
7046     (d)  The number of applicants denied admission.
7047     (e)  The number of applicants neither granted admission nor
7048denied admission.
7049
7050Each category must be reported for each term. Each category must
7051be reported by type of student, including the following
7052subcategories: native students, community college associate in
7053arts degree transfer students, and other students. Each category
7054and subcategory must further be reported according to the number
7055of students who meet or exceed the minimum eligibility
7056requirements for admission to the program and the number of
7057students who do not meet or exceed the minimum eligibility
7058requirements for admission to the program.
7059     (4)  The State Board of Education shall review, and approve
7060or disapprove, baccalaureate-degree programs that exceed 120
7061semester hours, after considering accreditation requirements,
7062employment and earnings of graduates, comparative program
7063lengths nationally, and comparisons with similar programs
7064offered by independent institutions. By December 31 of each
7065year, the State Board of Education must report to the
7066Legislature any degrees in the state universities that require
7067more than 120 hours, along with appropriate evidence of need. At
7068least every 5 years, the State Board of Education must determine
7069whether the programs still require more than the standard length
7070of 120 hours.
7071     Section 251.  Paragraph (a) of subsection (4) of section
70721008.30, Florida Statutes, is amended to read:
7073     1008.30  Common placement testing for public postsecondary
7074education.--
7075     (4)(a)  Public postsecondary educational institution
7076students who have been identified as requiring additional
7077preparation pursuant to subsection (1) shall enroll in college-
7078preparatory or other adult education pursuant to s. 1004.93 in
7079community colleges to develop needed college-entry skills. These
7080students shall be permitted to take courses within their degree
7081program concurrently in other curriculum areas for which they
7082are qualified while enrolled in college-preparatory instruction
7083courses. A student enrolled in a college-preparatory course may
7084concurrently enroll only in college credit courses that do not
7085require the skills addressed in the college-preparatory course.
7086The State Board of Education shall specify the college credit
7087courses that are acceptable for students enrolled in each
7088college-preparatory skill area, pursuant to s. 1001.02(5)(7)(g).
7089A student who wishes to earn an associate in arts or a
7090baccalaureate degree, but who is required to complete a college-
7091preparatory course, must successfully complete the required
7092college-preparatory studies by the time the student has
7093accumulated 12 hours of lower-division college credit degree
7094coursework; however, a student may continue enrollment in
7095degree-earning coursework provided the student maintains
7096enrollment in college-preparatory coursework for each subsequent
7097semester until college-preparatory coursework requirements are
7098completed, and the student demonstrates satisfactory performance
7099in degree-earning coursework. A passing score on a standardized,
7100institutionally developed test must be achieved before a student
7101is considered to have met basic computation and communication
7102skills requirements; however, no student shall be required to
7103retake any test or subtest that was previously passed by said
7104student. Credit awarded for college-preparatory instruction may
7105not be counted toward fulfilling the number of credits required
7106for a degree.
7107     Section 252.  Subsection (1) of section 1011.82, Florida
7108Statutes, is amended to read:
7109     1011.82  Requirements for participation in Community
7110College Program Fund.--Each community college district which
7111participates in the state appropriations for the Community
7112College Program Fund shall provide evidence of its effort to
7113maintain an adequate community college program which shall:
7114     (1)  Meet the minimum standards prescribed by the State
7115Board of Education in accordance with s. 1001.02(7)(9).
7116     Section 253.  Subsection (14) of section 1001.03, Florida
7117Statutes, is amended to read:
7118     1001.03  Specific powers of State Board of Education.--
7119     (14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
7120ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
7121Education shall recommend to the Legislature by February 1,
71222003, a uniform classification system for school district
7123administrative and management personnel that will facilitate the
7124uniform coding of administrative and management personnel to
7125total district employees.
7126     Section 254.  Subsection (19) of section 1002.34, Florida
7127Statutes, is amended to read:
7128     1002.34  Charter technical career centers.--
7129     (19)  EVALUATION; REPORT.--The Commissioner of Education
7130shall provide for an annual comparative evaluation of charter
7131technical career centers and public technical centers. The
7132evaluation may be conducted in cooperation with the sponsor,
7133through private contracts, or by department staff. At a minimum,
7134the comparative evaluation must address the demographic and
7135socioeconomic characteristics of the students served, the types
7136and costs of services provided, and the outcomes achieved. By
7137December 30 of each year, the Commissioner of Education shall
7138submit to the Governor, the President of the Senate, the Speaker
7139of the House of Representatives, and the Senate and House
7140committees that have responsibility for secondary and
7141postsecondary career and technical education a report of the
7142comparative evaluation completed for the previous school year.
7143     Section 255.  Subsections (3) and (4) of section 1003.492,
7144Florida Statutes, are amended to read:
7145     1003.492  Industry-certified career education programs.--
7146     (3)  The Department of Education shall study student
7147performance in industry-certified career education programs. The
7148department shall identify districts that currently operate
7149industry-certified career education programs. The study shall
7150examine the performance of participating students over time.
7151Performance factors shall include, but not be limited to,
7152graduation rates, retention rates, additional educational
7153attainment, employment records, earnings, and industry
7154satisfaction. The results of this study shall be submitted to
7155the President of the Senate and the Speaker of the House of
7156Representatives by December 31, 2004.
7157     (4)  The Department of Education shall conduct a study to
7158determine if a cost factor should be applied to industry-
7159certified career education programs and review the need for
7160startup funding for the programs. The study shall be completed
7161by December 31, 2004, and shall be submitted to the President of
7162the Senate and the Speaker of the House of Representatives.
7163     Section 256.  Subsection (4) of section 1003.61, Florida
7164Statutes, is amended to read:
7165     1003.61  Pilot attendance project.--It is the purpose of
7166this section to require the Manatee County District School Board
7167to implement a pilot project that raises the compulsory age of
7168attendance for children from the age of 16 years to the age of
716918 years. The pilot project applies to each child who has not
7170attained the age of 16 years by September 30 of the school year
7171in which a school board policy is adopted.
7172     (4)  The district school board must evaluate the effect of
7173its adopted policy raising the compulsory age of attendance on
7174school attendance and on the school district's dropout rate, as
7175well as on the costs associated with the pilot project. The
7176school district shall report its findings to the President of
7177the Senate, the Speaker of the House of Representatives, the
7178minority leader of each house of the Legislature, the Governor,
7179and the Commissioner of Education not later than August 1
7180following each year that the pilot project is in operation.
7181     Section 257.  Subsections (5), (6), and (10) of section
71821004.22, Florida Statutes, are amended to read:
7183     1004.22  Divisions of sponsored research at state
7184universities.--
7185     (5)  Moneys deposited in the permanent sponsored research
7186development fund of a university shall be disbursed in
7187accordance with the terms of the contract, grant, or donation
7188under which they are received. Moneys received for overhead or
7189indirect costs and other moneys not required for the payment of
7190direct costs shall be applied to the cost of operating the
7191division of sponsored research. Any surplus moneys shall be used
7192to support other research or sponsored training programs in any
7193area of the university. Transportation and per diem expense
7194allowances shall be the same as those provided by law in s.
7195112.061, except that personnel performing travel under a
7196sponsored research subcontract may be reimbursed for travel
7197expenses in accordance with the provisions of the applicable
7198prime contract or grant and the travel allowances established by
7199the subcontractor, subject to the requirements of subsection
7200(6)(7), or except as provided in subsection (10)(11).
7201     (6)(a)  Each university shall submit to the State Board of
7202Education a report of the activities of each division of
7203sponsored research together with an estimated budget for the
7204next fiscal year.
7205     (b)  Not less than 90 days prior to the convening of each
7206regular session of the Legislature in which an appropriation
7207shall be made, the State Board of Education shall submit to the
7208chair of the appropriations committee of each house of the
7209Legislature a compiled report, together with a compiled
7210estimated budget for the next fiscal year. A copy of such report
7211and estimated budget shall be furnished to the Governor, as the
7212chief budget officer of the state.
7213     (9)(10)  The operation of the divisions of sponsored
7214research and the conduct of the sponsored research program are
7215expressly exempted from the provisions of any other laws or
7216portions of laws in conflict herewith and are, subject to the
7217requirements of subsection (6)(7), exempted from the provisions
7218of chapters 215, 216, and 283.
7219     Section 258.  Subsection (6) of section 1004.50, Florida
7220Statutes, is amended to read:
7221     1004.50  Institute on Urban Policy and Commerce.--
7222     (6)  The Governor shall submit an annual report to the
7223Legislature on the unmet needs in the state's urban communities.
7224     Section 259.  Section 1004.94, Florida Statutes, is amended
7225to read:
7226     1004.94  Adult literacy.--
7227     (1)(a)  An adult, individualized literacy instruction
7228program is created for adults who possess literacy skills below
7229the ninth grade level. The purpose of the program is to provide
7230self-paced, competency-based, individualized tutorial
7231instruction. The commissioner shall administer this section in
7232coordination with community college boards of trustees, local
7233school boards, and the Division of Library and Information
7234Services of the Department of State.
7235     (b)  Local adult, individualized literacy instruction
7236programs may be coordinated with local public library systems
7237and with public or private nonprofit agencies, organizations, or
7238institutions. A local public library system and a public or
7239private nonprofit agency, organization, or institution may use
7240funds appropriated for the purposes of this section to hire
7241program coordinators. Such coordinators shall offer training
7242activities to volunteer tutors and oversee the operation of
7243local literacy programs. A local public library system and a
7244public or private nonprofit agency, organization, or institution
7245may also purchase student instructional materials and modules
7246that instruct tutors in the teaching of basic and functional
7247literacy and English for speakers of other languages. To the
7248extent funds are appropriated, cooperating local library systems
7249shall purchase, and make available for loan, reading materials
7250of high interest and with a vocabulary appropriate for use by
7251students who possess literacy skills below the ninth grade level
7252and students of English for speakers of other languages.
7253     (2)(a)  The adult literacy program is intended to increase
7254adult literacy as prescribed in the agency functional plan of
7255the Department of Education. The commissioner shall establish
7256guidelines for the purpose of determining achievement of this
7257goal.
7258     (b)  Each participating local sponsor shall submit an
7259annual report to the commissioner which must contain information
7260to demonstrate the extent to which there has been progress
7261toward increasing the percentage of adults within the service
7262area who possess literacy skills.
7263     (c)  Based on the information provided from the local
7264reports, the commissioner shall develop an annual status report
7265on literacy and adult education.
7266     (2)(3)  Funds appropriated for the purposes of this section
7267shall be allocated as grants for implementing adult literacy
7268programs. Such funds may not be used to supplant funds used for
7269activities that would otherwise be conducted in the absence of
7270literacy funding. A grant awarded pursuant to this section may
7271not exceed $50,000. Priority for the use of such funds shall be
7272given to paying expenses related to the instruction of volunteer
7273tutors, including materials and the salary of the program
7274coordinator. Local sponsors may also accept funds from private
7275sources for the purposes of this section.
7276     (4)(a)  The commissioner shall submit a state adult
7277literacy plan to the State Board of Education to serve as a
7278reference for district school boards and community colleges
7279boards of trustees to increase adult literacy in their service
7280areas as prescribed in the agency functional plan of the
7281Department of Education. The plan must include, at a minimum:
7282     1.  Policies and objectives for adult literacy programs,
7283including evaluative criteria.
7284     2.  Strategies for coordinating adult literacy activities
7285with programs and services provided by other state and local
7286nonprofit agencies, as well as strategies for maximizing other
7287funding, resources, and expertise.
7288     3.  Procedures for identifying, recruiting, and retaining
7289adults who possess literacy skills below the ninth grade level.
7290     4.  Sources of relevant demographic information and methods
7291of projecting the number of adults who possess literacy skills
7292below the ninth grade level.
7293     5.  Acceptable methods of demonstrating compliance with the
7294provisions of this section.
7295     6.  Guidelines for the development and implementation of
7296local adult literacy plans. At a minimum, such guidelines must
7297address:
7298     a.  The recruitment and preparation of volunteer tutors.
7299     b.  Interagency and intraagency cooperation and
7300coordination, especially with public libraries and other
7301sponsors of literacy programs.
7302     c.  Desirable learning environments, including class size.
7303     d.  Program evaluation standards.
7304     e.  Methods for identifying, recruiting, and retaining
7305adults in literacy programs.
7306     f.  Adult literacy through family literacy and workforce
7307literacy programs.
7308     (b)  Every 3 years, the district school board or community
7309college board of trustees shall develop and maintain a local
7310adult literacy plan.
7311     Section 260.  Subsection (4) of section 1004.95, Florida
7312Statutes, is amended to read:
7313     1004.95  Adult literacy centers.--
7314     (4)  The State Board of Education shall develop rules for
7315implementing this section, including criteria for evaluating the
7316performance of the centers, and shall submit an evaluation
7317report of the centers to the Legislature on or before February 1
7318of each year.
7319     Section 261.  Section 1006.0605, Florida Statutes, is
7320repealed.
7321     Section 262.  Section 1006.67, Florida Statutes, is
7322repealed.
7323     Section 263.  Subsection (11) of section 1007.27, Florida
7324Statutes, is amended to read:
7325     1007.27  Articulated acceleration mechanisms.--
7326     (11)(a)  The State Board of Education shall conduct a
7327review of the extent to which the acceleration mechanisms
7328authorized by this section are currently utilized by school
7329districts and public postsecondary educational institutions and
7330shall submit a report to the Governor and the Legislature by
7331December 31, 2003.
7332     (b)  The report must include a summary of ongoing
7333activities and a plan to increase and enhance the use of
7334acceleration mechanisms as a way to shorten the length of time
7335as well as the funding required for a student, including a
7336student with a documented disability, to obtain a postsecondary
7337degree.
7338     (c)  The review and plan shall address, but are not limited
7339to, the following issues:
7340     1.  The manner in which students, including students with
7341documented disabilities, are advised regarding the availability
7342of acceleration mechanism options.
7343     2.  The availability of acceleration mechanism options to
7344eligible students, including students with documented
7345disabilities, who wish to participate.
7346     3.  The grading practices, including weighting of courses,
7347of school districts and public postsecondary educational
7348institutions with regard to credit earned through acceleration
7349mechanisms.
7350     4.  The extent to which credit earned through an
7351acceleration mechanism is used to meet the general education
7352requirements of a public postsecondary educational institution.
7353     5.  The extent to which the secondary instruction
7354associated with acceleration mechanism options could be offered
7355at sites other than public K through 12 school sites to assist
7356in meeting class size reduction needs.
7357     6.  The manner in which funding for instruction associated
7358with acceleration mechanism options is provided.
7359     7.  The feasibility of providing students, including
7360students with documented disabilities, the option of choosing
7361Advanced Placement credit or College Level Examination Program
7362(CLEP) credit as an alternative to dual enrollment credit upon
7363completion of a dual enrollment course.
7364     Section 264.  Subsection (8) of section 1009.70, Florida
7365Statutes, is amended to read:
7366     1009.70  Florida Education Fund.--
7367     (8)  There is created a legal education component of the
7368Florida Education Fund to provide the opportunity for minorities
7369to attain representation within the legal profession
7370proportionate to their representation within the general
7371population. The legal education component of the Florida
7372Education Fund includes a law school program and a pre-law
7373program.
7374     (a)  The law school scholarship program of the Florida
7375Education Fund is to be administered by the Board of Directors
7376of the Florida Education Fund for the purpose of increasing by
7377200 the number of minority students enrolled in law schools in
7378this state. Implementation of this program is to be phased in
7379over a 3-year period.
7380     1.  The board of directors shall provide financial,
7381academic, and other support to students selected for
7382participation in this program from funds appropriated by the
7383Legislature.
7384     2.  Student selection must be made in accordance with rules
7385adopted by the board of directors for that purpose and must be
7386based, at least in part, on an assessment of potential for
7387success, merit, and financial need.
7388     3.  Support must be made available to students who enroll
7389in private, as well as public, law schools in this state which
7390are accredited by the American Bar Association.
7391     4.  Scholarships must be paid directly to the participating
7392students.
7393     5.  Students who participate in this program must agree in
7394writing to sit for The Florida Bar examination and, upon
7395successful admission to The Florida Bar, to either practice law
7396in the state for a period of time equal to the amount of time
7397for which the student received aid, up to 3 years, or repay the
7398amount of aid received.
7399     6.  Annually, the board of directors shall compile a report
7400that includes a description of the selection process, an
7401analysis of the academic progress of all scholarship recipients,
7402and an analysis of expenditures. This report must be submitted
7403to the President of the Senate, the Speaker of the House of
7404Representatives, and the Governor.
7405     (b)  The minority pre-law scholarship loan program of the
7406Florida Education Fund is to be administered by the Board of
7407Directors of the Florida Education Fund for the purpose of
7408increasing the opportunity of minority students to prepare for
7409law school.
7410     1.  From funds appropriated by the Legislature, the board
7411of directors shall provide for student fees, room, board, books,
7412supplies, and academic and other support to selected minority
7413undergraduate students matriculating at eligible public and
7414independent colleges and universities in Florida.
7415     2.  Student selection must be made in accordance with rules
7416adopted by the board of directors for that purpose and must be
7417based, at least in part, on an assessment of potential for
7418success, merit, and financial need.
7419     3.  To be eligible, a student must make a written agreement
7420to enter or be accepted to enter a law school in this state
7421within 2 years after graduation or repay the scholarship loan
7422amount plus interest at the prevailing rate.
7423     4.  Recipients who fail to gain admission to a law school
7424within the specified period of time, may, upon admission to law
7425school, be eligible to have their loans canceled.
7426     5.  Minority pre-law scholarship loans shall be provided to
742734 minority students per year for up to 4 years each, for a
7428total of 136 scholarship loans. To continue receipt of
7429scholarship loans, recipients must maintain a 2.75 grade point
7430average for the freshman year and a 3.25 grade point average
7431thereafter. Participants must also take specialized courses to
7432enhance competencies in English and logic.
7433     6.  The board of directors shall maintain records on all
7434scholarship loan recipients. Participating institutions shall
7435submit academic progress reports to the board of directors
7436following each academic term. Annually, the board of directors
7437shall compile a report that includes a description of the
7438selection process, an analysis of the academic progress of all
7439scholarship loan recipients, and an analysis of expenditures.
7440This report must be submitted to the President of the Senate,
7441the Speaker of the House of Representatives, and the Governor.
7442     Section 265.  Subsection (8) of section 1011.32, Florida
7443Statutes, is amended to read:
7444     1011.32  Community College Facility Enhancement Challenge
7445Grant Program.--
7446     (8)  By September 1 of each year, the State Board of
7447Education shall transmit to the Governor and Legislature a list
7448of projects which meet all eligibility requirements to
7449participate in the Community College Facility Enhancement
7450Challenge Grant Program and a budget request which includes the
7451recommended schedule necessary to complete each project.
7452     Section 266.  Subsection (5) section 1011.4105, Florida
7453Statutes, is amended to read:
7454     1011.4105  Transition from state accounting system (FLAIR)
7455to university accounting system.--
7456     (5)  The State Board of Education in cooperation with each
7457university and the Department of Financial Services shall
7458develop a plan and establish the deadline for all universities
7459to have completed the transition from FLAIR. The board shall
7460submit a copy of this plan to the Executive Office of the
7461Governor and the chairs of the appropriations committees of the
7462Senate and House of Representatives.
7463     Section 267.  Paragraph (p) of subsection (1) of section
74641011.62, Florida Statutes, is amended to read:
7465     1011.62  Funds for operation of schools.--If the annual
7466allocation from the Florida Education Finance Program to each
7467district for operation of schools is not determined in the
7468annual appropriations act or the substantive bill implementing
7469the annual appropriations act, it shall be determined as
7470follows:
7471     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
7472OPERATION.--The following procedure shall be followed in
7473determining the annual allocation to each district for
7474operation:
7475     (p)  Extended-school-year program.--It is the intent of the
7476Legislature that students be provided additional instruction by
7477extending the school year to 210 days or more. Districts may
7478apply to the Commissioner of Education for funds to be used in
7479planning and implementing an extended-school-year program. The
7480Department of Education shall recommend to the Legislature the
7481policies necessary for full implementation of an extended school
7482year.
7483     Section 268.  Paragraph (l) of subsection (2) of section
74841012.05, Florida Statutes, is amended to read:
7485     1012.05  Teacher recruitment and retention.--
7486     (2)  The Department of Education shall:
7487     (l)  Develop, in consultation with Workforce Florida, Inc.,
7488and the Agency for Workforce Innovation, created pursuant to ss.
7489445.004 and 20.50, respectively, a plan for accessing and
7490identifying available resources in the state's workforce system
7491for the purpose of enhancing teacher recruitment and retention.
7492     Section 269.  Subsection (1) of section 1012.42, Florida
7493Statutes, is amended to read:
7494     1012.42  Teacher teaching out-of-field.--
7495     (1)  ASSISTANCE.--Each district school board shall adopt
7496and implement a plan to assist any teacher teaching
7497out-of-field, and priority consideration in professional
7498development activities shall be given to teachers who are
7499teaching out-of-field. The district school board shall require
7500that such teachers participate in a certification or staff
7501development program designed to provide the teacher with the
7502competencies required for the assigned duties. The board-
7503approved assistance plan must include duties of administrative
7504personnel and other instructional personnel to provide students
7505with instructional services. Each district school board shall
7506contact its regional workforce board, created pursuant to s.
7507445.007, to identify resources that may assist teachers who are
7508teaching out-of-field and who are pursuing certification.
7509     Section 270.  Subsection (13) of section 1013.03, Florida
7510Statutes, is amended to read:
7511     1013.03  Functions of the department.--The functions of the
7512Department of Education as it pertains to educational facilities
7513shall include, but not be limited to, the following:
7514     (13)  By October 1, 2003, review all rules related to
7515school construction to identify requirements that are outdated,
7516obsolete, unnecessary, or otherwise could be amended in order to
7517provide additional flexibility to school districts to comply
7518with the constitutional class size maximums described in s.
75191003.03(1) and make recommendations concerning such rules to the
7520State Board of Education. The State Board of Education shall act
7521on such recommendations by December 31, 2003.
7522     Section 271.  Section 1013.11, Florida Statutes, is amended
7523to read:
7524     1013.11  Postsecondary institutions assessment of physical
7525plant safety.--The president of each postsecondary institution
7526shall conduct or cause to be conducted an annual assessment of
7527physical plant safety. An annual report shall incorporate the
7528findings obtained through such assessment and recommendations
7529for the improvement of safety on each campus. The annual report
7530shall be submitted to the respective governing or licensing
7531board of jurisdiction no later than January 1 of each year. Each
7532board shall compile the individual institutional reports and
7533convey the aggregate institutional reports to the Commissioner
7534of Education. The Commissioner of Education shall convey these
7535reports and the reports required in s. 1008.48 to the President
7536of the Senate and the Speaker of the House of Representatives no
7537later than March 1 of each year.
7538     Section 272.  This act shall take effect upon becoming a
7539law.


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