_h1859e2
HB 1859

1
A bill to be entitled
2An act relating to obsolete or outdated agency plans,
3reports, and programs; repealing s. 16.58, F.S., relating
4to the Florida Legal Resource Center; amending s. 20.19,
5F.S.; revising provisions relating to plans, projections,
6and the mission of the Department of Children and Family
7Services; amending s. 20.315, F.S.; revising provisions
8relating to an evaluation of the Department of Corrections
9by the Florida Corrections Commission; amending s. 20.316,
10F.S.; revising provisions relating to reports of the
11Department of Juvenile Justice; amending ss. 20.43,
1239.001, and 39.3065, F.S.; revising and deleting
13provisions relating to specified obsolete and outdated
14plans, reports, and programs; repealing s. 39.4086, F.S.,
15relating to a pilot program for attorneys ad litem for
16dependent children; amending ss. 39.523 and 98.255, F.S.;
17revising and deleting provisions relating to specified
18obsolete and outdated plans, reports, and programs;
19amending s. 120.695, F.S., relating to a review of
20administrative rules; repealing s. 153.952, F.S., relating
21to legislative findings and intent concerning the
22condition or operation of privately owned water or
23wastewater utility systems and facilities; amending s.
24161.053, F.S.; deleting obsolete provisions relating to
25the establishment of coastal construction control lines;
26amending s. 370.12, F.S.; conforming a cross reference;
27amending s. 161.161, F.S.; revising provisions relating to
28reporting requirements for beach erosion control projects;
29repealing s. 163.2526, F.S., relating to review and
30evaluation of specified provisions relating to urban
31infill and redevelopment; amending ss. 163.3167, 163.3177,
32163.3178, 163.519, 186.007, 189.4035, 189.412, 194.034,
33206.606, 212.054, and 212.08, F.S.; revising and deleting
34provisions relating to specified obsolete and outdated
35plans, reports, and programs; repealing s. 213.0452, F.S.,
36relating to certain required reporting by the Department
37of Revenue; repealing s. 213.054, F.S., relating to an
38annual report concerning persons claiming certain tax
39exemptions or deductions; amending ss. 215.5601 and
40215.70, F.S.; revising and deleting provisions relating to
41specified obsolete and outdated plans, reports, and
42programs; amending s. 253.7825, F.S.; deleting provisions
43relating to a conceptual recreational plan for the Cross
44Florida Greenways State Recreation and Conservation Area;
45repealing s. 253.7826, F.S., relating to certain canal
46structures; repealing s. 253.7829, F.S., relating to
47management plan for retention or disposition of former
48Cross Florida Barge Canal lands; repealing s. 265.56,
49F.S., relating to an annual report by the Department of
50State concerning certain indemnity claims; amending s.
51267.074, F.S.; deleting requirements for a specified plan
52relating to historical markers; amending ss. 282.102,
53284.50, 287.045, 287.16, and 288.108, F.S.; revising and
54deleting provisions relating to specified obsolete and
55outdated plans, reports, and programs; amending ss.
56288.1226, 288.1229, 288.7015, 288.853, 288.95155,
57288.9604, 288.9610, 292.04, and 292.05, F.S.; revising and
58deleting provisions relating to specified obsolete and
59outdated plans, reports, and programs; repealing s.
60296.16, F.S., relating to reports concerning the Veterans'
61Domiciliary Home of Florida; repealing s. 296.39, F.S.,
62relating to reports concerning veterans nursing homes;
63amending ss. 315.03, 319.324, 322.181, 322.251, 365.171,
64365.172, 365.173, 366.82, 369.22, 370.26, 372.5712, and
65372.5715, F.S.; revising and deleting provisions relating
66to specified obsolete and outdated plans, reports, and
67programs; repealing s. 372.673, F.S., relating to the
68Florida Panther Technical Advisory Council; repealing s.
69372.674, F.S., relating to the Advisory Council on
70Environmental Education; amending s. 372.672, F.S.;
71conforming to the repeal of s. 372.674, F.S.; amending ss.
72373.0391, 373.046, 373.1963, and 376.121, F.S.; revising
73and deleting provisions relating to specified obsolete and
74outdated plans, reports, and programs; repealing s.
75376.17, F.S., relating to reports concerning operation of
76a specified pollution control program; amending ss.
77376.30713, 377.703, and 380.0677, F.S.; revising and
78deleting provisions relating to specified obsolete and
79outdated plans, reports, and programs; amending ss.
80259.041 and 259.101, F.S.; correcting cross references;
81amending s. 381.0011, F.S.; deleting specified
82requirements for a Department of Health strategic plan;
83repealing s. 381.0036, F.S., relating to planning for
84implementation of educational requirements concerning HIV
85and AIDS for specified professional licensure applicants;
86amending ss. 381.732 and 381.733, F.S.; conforming cross
87references; amending ss. 381.795, 381.90, 381.931, and
88383.19, F.S.; revising and deleting provisions relating to
89specified obsolete and outdated plans, reports, and
90programs; repealing s. 383.21, F.S., relating to review of
91certain perinatal intensive care programs; amending ss.
92383.2161, 384.25, 394.4573, 394.4985, and 394.75, F.S.;
93revising and deleting provisions relating to specified
94obsolete and outdated plans, reports, and programs;
95repealing s. 394.82, F.S., relating to expanded funding of
96certain services; amending s. 394.655, F.S.; conforming
97provisions to the repeal of s. 394.82, F.S.; amending s.
98394.9082, F.S.; revising provisions relating to behavioral
99health service strategies; repealing s. 394.9083, F.S.,
100relating to the Behavioral Health Services Integration
101Workgroup; amending ss. 395.807, 397.321, 397.333, 397.94,
102400.0067, 400.0075, 400.0089, 400.407, 400.419, 400.441,
103400.967, 402.3016, 402.40, 402.73, 403.067, and 403.4131,
104F.S.; revising and deleting provisions relating to
105specified obsolete and outdated plans, reports, and
106programs; repealing s. 403.756, F.S., relating to a report
107concerning oil recycling; amending ss. 403.7226 and
108403.7265, F.S.; revising and deleting provisions relating
109to specified obsolete and outdated plans, reports, and
110programs; amending s. 403.7264, F.S.; conforming a cross
111reference; amending ss. 403.7895, 406.02, 408.033,
112408.914, and 408.915, F.S.; revising and deleting
113provisions relating to specified obsolete and outdated
114plans, reports, and programs; repealing s. 408.917, F.S.,
115relating to evaluation of a health care eligibility pilot
116project; amending s. 409.1451, F.S.; revising reporting
117requirements relating to independent living transition
118services; repealing s. 409.146, F.S., relating to a
119children and families client and management information
120system; repealing s. 409.152, F.S., relating to service
121integration and family preservation goals; amending ss.
122409.1679, 409.1685, 409.178, 409.221, 409.25575, 409.2558,
123409.2567, 409.441, 409.906, 409.9065, 409.91188, and
124409.912, F.S.; revising and deleting provisions relating
125to specified obsolete and outdated plans, reports, and
126programs; amending ss. 394.9082, 409.9065, 409.91196, and
127641.386, F.S.; conforming cross references; repealing s.
128410.0245, F.S., relating to a study of service needs;
129amending s. 410.604, F.S.; deleting a requirement for an
130evaluation and report concerning a specified community
131care for disabled adults program; repealing s. 411.221,
132F.S., relating to a prevention and early assistance
133strategic plan; amending ss. 411.01 and 411.232, F.S.;
134conforming provisions to the repeal of s. 411.221, F.S.;
135repealing s. 411.242, F.S., relating to the Florida
136Education Now and Babies Later (ENABL) program; amending
137ss. 413.402, 414.1251, 414.14, 414.36, 414.391, 415.1045,
138420.622, 420.623, 427.704, 427.706, 430.04, 430.502,
139445.003, 445.004, and 445.006, F.S.; revising and deleting
140provisions relating to specified obsolete and outdated
141plans, reports, and programs; conforming provisions to the
142repeal of s. 411.242, F.S.; amending ss. 445.022 and
143445.049, F.S.; revising and deleting provisions relating
144to specified obsolete and outdated plans, reports, and
145programs; repealing s. 446.27, F.S., relating to a youth-
146at-risk pilot program annual report; amending s. 446.50,
147F.S.; deleting provisions relating to initial submittal of
148the displaced homemaker program plan; repealing s.
149455.204, F.S., relating to long-range policy planning
150concerning professional regulation; amending ss. 455.2226,
151455.2228, 456.005, 456.025, 456.031, 456.033, 456.034, and
152517.302, F.S.; revising and deleting provisions relating
153to specified obsolete and outdated plans, reports, and
154programs; repealing s. 526.3135, F.S., relating to reports
155by the Division of Standards of the Department of
156Agriculture and Consumer Services; amending s. 531.415,
157F.S., relating to a required notice to the Legislature
158concerning certain weights and measures regulation fees;
159repealing s. 553.975, F.S., relating to a report
160concerning energy conservation standards; amending ss.
161570.0705, 570.0725, 570.235, 570.543, 570.952, 603.204,
162627.351, 627.64872, 744.7021, 744.708, 765.5215, 768.295,
163775.084, 790.22, 932.7055, 943.125, 943.68, 944.023,
164944.801, 945.35, 958.045, 960.045, 985.02, 985.08, and
165985.3045, F.S.; revising and deleting provisions relating
166to specified obsolete and outdated plans, reports, and
167programs; repealing s. 985.3046, F.S., relating to certain
168reports concerning agencies and entities providing
169prevention services; amending ss. 985.305 and 985.3155,
170F.S.; revising and deleting provisions relating to
171specified obsolete and outdated plans, reports, and
172programs; repealing s. 985.403, F.S., relating to a task
173force on juvenile sexual offenders and their victims;
174amending s. 985.412, F.S.; deleting a provision relating
175to submittal of a proposal concerning incentives for
176certain Department of Juvenile Justice providers; amending
177ss. 1003.492, 1003.61, and 1004.50, F.S.; revising and
178deleting provisions relating to specified obsolete and
179outdated plans, reports, and programs; repealing s.
1801006.0605, F.S., relating to reports concerning student
181summer nutrition programs; amending ss. 1007.27, 1009.70,
1821011.32, 1011.62, 1012.42, and 1013.03, F.S.; revising and
183deleting provisions relating to specified obsolete and
184outdated plans, reports, and programs; amending ss.
18520.165, 309.01, 310.011, 455.01, and 455.217, F.S.;
186revising terminology relating to the organization of the
187Department of Business and Professional Regulation;
188providing effective dates.
189
190Be It Enacted by the Legislature of the State of Florida:
191     Section 1.  Section 16.58, Florida Statutes, is repealed.
192     Section 2.  Subsection (1) and paragraph (c) of subsection
193(5) of section 20.19, Florida Statutes, are amended to read:
194     20.19  Department of Children and Family Services.--There
195is created a Department of Children and Family Services.
196     (1)  MISSION AND PURPOSE.--
197     (a)  The mission of the Department of Children and Family
198Services is to protect vulnerable children and adults,
199strengthen families, and support individuals and families in
200achieving personal and economic self-sufficiency work in
201partnership with local communities to ensure the safety, well-
202being, and self-sufficiency of the people served.
203     (b)  The department shall develop a strategic plan for
204fulfilling its mission and establish a set of measurable goals,
205objectives, performance standards, and quality assurance
206requirements to ensure that the department is accountable to the
207people of Florida.
208     (c)  To the extent allowed by law and within specific
209appropriations, the department shall deliver services by
210contract through private providers.
211     (5)  SERVICE DISTRICTS.--
212     (c)  Each fiscal year the secretary shall, in consultation
213with the relevant employee representatives, develop projections
214of the number of child abuse and neglect cases and shall include
215in the department's legislative budget request a specific
216appropriation for funds and positions for the next fiscal year
217in order to provide an adequate number of full-time equivalent:
218     1.  Child protection investigation workers so that
219caseloads do not exceed the Child Welfare League Standards by
220more than two cases; and
221     2.  Child protection case workers so that caseloads do not
222exceed the Child Welfare League Standards by more than two
223cases.
224     Section 3.  Paragraph (b) of subsection (6) of section
22520.315, Florida Statutes, is amended to read:
226     20.315  Department of Corrections.--There is created a
227Department of Corrections.
228     (6)  FLORIDA CORRECTIONS COMMISSION.--
229     (b)  The primary functions of the commission are to:
230     1.  Recommend major correctional policies for the
231Governor's approval, and assure that approved policies and any
232revisions thereto are properly executed.
233     2.  Periodically review the status of the state
234correctional system and recommend improvements therein to the
235Governor and the Legislature.
236     3.  Annually perform an in-depth review of community-based
237intermediate sanctions and recommend to the Governor and the
238Legislature intergovernmental approaches through the Community
239Corrections Partnership Act for planning and implementing such
240sanctions and programs.
241     4.  Perform an in-depth evaluation of the department's
242annual budget request of the Department of Corrections, long-
243range program plans and performance standards the comprehensive
244correctional master plan, and the tentative construction program
245for compliance with all applicable laws and established
246departmental policies. The commission may not consider
247individual construction projects, but shall consider methods of
248accomplishing the department's goals in the most effective,
249efficient, and businesslike manner.
250     5.  Routinely monitor the financial status of the
251department of Corrections to assure that the department is
252managing revenue and any applicable bond proceeds responsibly
253and in accordance with law and established policy.
254     6.  Evaluate, at least quarterly, the efficiency,
255productivity, and management of the department of Corrections,
256using performance and production standards developed by the
257department under former subsection (18).
258     7.  Provide public education on corrections and criminal
259justice issues.
260     8.  Report to the President of the Senate, the Speaker of
261the House of Representatives, and the Governor by November 1 of
262each year.
263     9.  Resolve disputes between the department of Corrections
264and the contractors for the private correctional facilities
265entered into under chapter 957 when a contractor proposes to
266waive a rule, policy, or procedure concerning operation
267standards.
268     Section 4.  Subsection (4) of section 20.316, Florida
269Statutes, is amended to read:
270     20.316  Department of Juvenile Justice.--There is created a
271Department of Juvenile Justice.
272     (4)  INFORMATION SYSTEMS.--
273     (a)  The Department of Juvenile Justice shall develop, in
274consultation with the Criminal and Juvenile Justice Information
275Systems Council under s. 943.08, a juvenile justice information
276system which shall provide information concerning the
277department's activities and programs.
278     (b)  In establishing the computing and network
279infrastructure for the development of the information system,
280the department shall develop a system design to set the
281direction for the information system. That design shall include
282not only department system requirements but also data exchange
283requirements of other state and local juvenile justice system
284organizations.
285     (c)  The department shall implement a distributed system
286architecture which shall be defined in its agency strategic
287plan.
288     (d)  The management information system shall, at a minimum:
289     1.  Facilitate case management of juveniles referred to or
290placed in the department's custody.
291     2.  Provide timely access to current data and computing
292capacity to support outcome evaluation, legislative oversight,
293the Juvenile Justice Estimating Conference, and other research.
294     3.  Provide automated support to the quality assurance and
295program review functions.
296     4.  Provide automated support to the contract management
297process.
298     5.  Provide automated support to the facility operations
299management process.
300     6.  Provide automated administrative support to increase
301efficiency, provide the capability of tracking expenditures of
302funds by the department or contracted service providers that are
303eligible for federal reimbursement, and reduce forms and
304paperwork.
305     7.  Facilitate connectivity, access, and utilization of
306information among various state agencies, and other state,
307federal, local, and private agencies, organizations, and
308institutions.
309     8.  Provide electronic public access to juvenile justice
310information, which is not otherwise made confidential by law or
311exempt from the provisions of s. 119.07(1).
312     9.  Provide a system for the training of information system
313users and user groups.
314     (e)  The department shall aggregate, on a quarterly and an
315annual basis, the program information, demographic, program
316utilization rate, and statistical data of the youth served into
317a descriptive report and shall disseminate the quarterly and
318annual reports to substantive committees of the House of
319Representatives and the Senate.
320     (f)  The department shall provide an annual report on the
321juvenile justice information system to the Criminal and Juvenile
322Justice Information Systems Council. The council shall review
323and forward the report, along with its comments, to the
324appropriate substantive and appropriations committees of the
325House of Representatives and the Senate delineating the
326development status of the system and other information necessary
327for funding policy formulation.
328     (g)  The department shall include in its annual budget
329request a comprehensive summary of costs involved in the
330establishment of the information system and cost savings
331associated with its implementation. The budget request must also
332include a complete inventory of staff, equipment, and facility
333resources for development and maintenance of the system.
334     Section 5.  Paragraph (l) of subsection (1) of section
33520.43, Florida Statutes, is amended to read:
336     20.43  Department of Health.--There is created a Department
337of Health.
338     (1)  The purpose of the Department of Health is to promote
339and protect the health of all residents and visitors in the
340state through organized state and community efforts, including
341cooperative agreements with counties. The department shall:
342     (l)  Include in the department's long-range program
343strategic plan developed under s. 186.021 an assessment of
344current health programs, systems, and costs; projections of
345future problems and opportunities; and recommended changes that
346are needed in the health care system to improve the public
347health.
348     Section 6.  Subsections (7) and (8) of section 39.001,
349Florida Statutes, are amended to read:
350     39.001  Purposes and intent; personnel standards and
351screening.--
352     (7)  PLAN FOR COMPREHENSIVE APPROACH.--
353     (a)  The department shall develop a comprehensive state
354plan for the prevention of abuse, abandonment, and neglect of
355children and shall submit the plan to the Speaker of the House
356of Representatives, the President of the Senate, and the
357Governor no later than June 30, 2006 January 1, 1983.
358     1.  The departments Department of Education, and the
359Division of Children's Medical Services Prevention and
360Intervention of the Department of Health, Law Enforcement, and
361Juvenile Justice, along with the Agency for Workforce Innovation
362and the Agency for Persons with Disabilities, shall participate
363and fully cooperate in the development of the state plan at both
364the state and local levels. National-level and state-level
365advocacy groups, especially as identified in federal prevention
366initiatives or requirements, shall also be provided an
367opportunity to participate.
368     2.  Furthermore, Appropriate local agencies and
369organizations shall be provided an opportunity to participate at
370the local level in the development of the state plan at the
371local level. Appropriate local groups and organizations shall
372include, but not be limited to, community alliances as described
373in s. 20.19; community-based care lead agencies as described in
374s. 409.1671; community mental health centers; guardian ad litem
375programs for children and other court system entities under the
376circuit court; the school boards of the local school districts;
377the Florida local advocacy councils; private or public
378organizations or programs with recognized expertise in working
379with children who are sexually abused, physically abused,
380emotionally abused, abandoned, or neglected and with expertise
381in working with the families of such children; private or public
382programs or organizations with expertise in maternal and infant
383health care; multidisciplinary child protection teams; child day
384care centers; and law enforcement agencies, and the circuit
385courts, when guardian ad litem programs are not available in the
386local area. The state plan to be provided to the Legislature and
387the Governor shall include, as a minimum, the information
388required of the various groups in paragraph (b).
389     (b)  The development of the comprehensive state plan shall
390be accomplished in the following manner:
391     1.  The department shall establish an interprogram task
392force comprised of a designee from each of the department's
393programs as listed in s. 20.19. Representatives from the
394agencies listed in subparagraph (a)1. the Program Director for
395Family Safety, or a designee, a representative from the Child
396Care Services Program Office, a representative from the Family
397Safety Program Office, a representative from the Mental Health
398Program Office, a representative from the Substance Abuse
399Program Office, a representative from the Developmental
400Disabilities Program Office, and a representative from the
401Division of Children's Medical Services Prevention and
402Intervention of the Department of Health. Representatives of the
403Department of Law Enforcement and of the Department of Education
404shall serve as ex officio members of the interprogram task
405force. The interprogram task force shall be responsible for:
406     1.a.  Developing a plan of action for better coordination
407and integration of the goals, activities, and funding pertaining
408to the prevention of child abuse, abandonment, and neglect
409conducted by the department in order to maximize staff and
410resources at the state level. The plan of action shall be
411included in the state plan.
412     2.b.  Providing a schedule and basic format for to be
413utilized by the districts in the preparation of local plans of
414action in order to provide for uniformity in the development of
415local district plans and to provide for greater ease in
416compiling information for the state plan.
417     3.c.  Providing the districts with technical assistance in
418the development of local plans of action, if requested.
419     4.d.  Examining the local plans to determine if all the
420requirements of the local plans have been met and, if they have
421not, working with local entities to obtain the needed
422information informing the districts of the deficiencies and
423requesting the additional information needed.
424     5.e.  Preparing the comprehensive state plan for submission
425to the Legislature and the Governor. Such preparation shall
426include the collapsing of information obtained from the local
427plans, the cooperative plans with the Department of Education,
428and the plan of action for coordination and integration of
429departmental activities into one comprehensive plan. The
430comprehensive plan shall include a section reflecting general
431conditions and needs, an analysis of variations based on
432population or geographic areas, identified problems, and
433recommendations for change. In essence, the plan shall provide
434an analysis and summary of each element of the local plans to
435provide a statewide perspective. The plan shall also include
436each separate local plan of action.
437     6.f.  Working with the appropriate specified state agency
438in fulfilling the requirements of paragraphs (d), (e), and (f)
439subparagraphs 2., 3., 4., and 5.
440     (c)  The comprehensive state plan shall contain the
441following elements:
442     1.  A section reflecting general conditions and needs.
443     2.  An analysis of variations based on population or
444geographic areas.
445     3.  Performance expectations and gaps.
446     4.  Recommendations for performance improvement.
447     5.  Resource and funding strategies related to unmet needs.
448     6.  A summary or crosswalk of the planning and performance
449requirements from relevant federal funding sources for the
450prevention of child abuse and neglect.
451     7.  Each separate plan identified in paragraphs (d), (e),
452and (f).
453     2.  The department, the Department of Education, and the
454Department of Health shall work together in developing ways to
455inform and instruct parents of school children and appropriate
456district school personnel in all school districts in the
457detection of child abuse, abandonment, and neglect and in the
458proper action that should be taken in a suspected case of child
459abuse, abandonment, or neglect, and in caring for a child's
460needs after a report is made. The plan for accomplishing this
461end shall be included in the state plan.
462     (d)3.  The department, and appropriate task members the
463Department of Law Enforcement, and the Department of Health
464shall work together in developing a plan for informing and
465instructing ways to inform and instruct appropriate
466professionals local law enforcement personnel in the detection
467of child abuse, abandonment, and neglect; and in the proper
468actions action that should be taken in a suspected case of child
469abuse, abandonment, or neglect; and in supporting subsequent
470action by the department or other responsible party for child
471protection. Appropriate professionals include, but are not
472limited to, the reporters listed in s. 39.201(1)(b).
473     (e)4.  Within existing appropriations, The department shall
474work with other appropriate public and private agencies to
475develop a plan for educating emphasize efforts to educate the
476general public about the problem of and ways to detect child
477abuse, abandonment, and neglect and in the proper action that
478should be taken in a suspected case of child abuse, abandonment,
479or neglect. The plan for accomplishing this end shall be
480included in the state plan.
481     5.  The department, the Department of Education, and the
482Department of Health shall work together on the enhancement or
483adaptation of curriculum materials to assist instructional
484personnel in providing instruction through a multidisciplinary
485approach on the identification, intervention, and prevention of
486child abuse, abandonment, and neglect. The curriculum materials
487shall be geared toward a sequential program of instruction at
488the four progressional levels, K-3, 4-6, 7-9, and 10-12.
489Strategies for encouraging all school districts to utilize the
490curriculum are to be included in the comprehensive state plan
491for the prevention of child abuse, abandonment, and neglect.
492     (f)6.  Each district of The department shall facilitate the
493development of local plans develop a plan for their local its
494specific geographical area. Plans The plan developed at the
495local district level shall be used by submitted to the
496interprogram task force for utilization in preparing the state
497comprehensive plan. The district local plan of action shall be
498prepared with the involvement and assistance of the local
499agencies and organizations listed in paragraph (a), as well as
500representatives from those departmental district offices
501participating in the treatment and prevention of child abuse,
502abandonment, and neglect. In order to accomplish this, the
503district administrator in each district shall establish a task
504force on the prevention of child abuse, abandonment, and
505neglect. The district administrator shall appoint the members of
506the task force in accordance with the membership requirements of
507this section. In addition, the district administrator shall
508ensure that each subdistrict is represented on the task force;
509and, if the district does not have subdistricts, the district
510administrator shall ensure that both urban and rural areas are
511represented on the task force. The task force shall develop a
512written statement clearly identifying its operating procedures,
513purpose, overall responsibilities, and method of meeting
514responsibilities.
515     (g)  Each local plan The district plan of action to be
516prepared by the task force shall include, but shall not be
517limited to:
518     1.a.  Documentation of the incidence magnitude of the
519problems of child abuse, including sexual abuse, physical abuse,
520and emotional abuse, and child abandonment, and neglect in its
521geographical area. Documentation shall include, at a minimum, a
522summary of information derived from the department's official
523data source, HomeSafeNet.
524     2.b.  A description of programs and services currently
525serving abused, abandoned, and neglected children and their
526families and a description of programs for the prevention of
527child abuse, abandonment, and neglect, including information on
528the impact, cost-effectiveness, and sources of funding of such
529programs and services.
530     3.c.  A description of local models for a continuum of
531programs and services necessary for a comprehensive approach to
532the prevention of all types of child abuse, abandonment, and
533neglect as well as a brief description of such programs and
534services.
535     4.d.  A description, documentation, and priority ranking of
536local unmet needs related to child abuse, abandonment, and
537neglect prevention based upon the current programs and a model
538continuum of programs and services.
539     5.e.  A plan for steps to be taken in meeting identified
540needs, including the coordination and integration of services to
541avoid unnecessary duplication and cost, and for alternative
542funding strategies for meeting needs through the reallocation of
543existing resources, utilization of volunteers, contracting with
544local universities for services, and local government or private
545agency funding.
546     6.f.  A description of barriers to the accomplishment of a
547comprehensive approach to the prevention of child abuse,
548abandonment, and neglect.
549     7.g.  Recommendations for actions changes that can be
550accomplished only at the state program level or by legislative
551action.
552     (8)  FUNDING AND SUBSEQUENT PLANS.--
553     (a)  The department's long-range program plans and
554legislative budget requests All budget requests submitted by the
555department, the Department of Health, the Department of
556Education, or any other agency to the Legislature for funding of
557efforts for the prevention of child abuse, abandonment, and
558neglect shall be based on and consistent with the most recent
559state comprehensive plan and updates developed pursuant to this
560section.
561     (b)  The department at the state and district levels and
562the other agencies listed in paragraph (7)(a) shall review and
563update the plan annually readdress the plan and make necessary
564revisions every 5 years, at a minimum. Such updates revisions
565shall be submitted to the Governor, the Speaker of the House of
566Representatives, and the President of the Senate no later than
567June 30 of each year divisible by 5. Annual review and updates
568shall include progress and performance reporting An annual
569progress report shall be submitted to update the plan in the
570years between the 5-year intervals. In order to avoid
571duplication of effort, these required plans may be made a part
572of or merged with other plans required by either the state or
573Federal Government, so long as the portions of the other state
574or Federal Government plan that constitute the state plan for
575the prevention of child abuse, abandonment, and neglect are
576clearly identified as such and are provided to the Speaker of
577the House of Representatives and the President of the Senate as
578required above.
579     Section 7.  Subsection (3) of section 39.3065, Florida
580Statutes, is amended to read:
581     39.3065  Sheriffs of certain counties to provide child
582protective investigative services; procedures; funding.--
583     (3)(a)  Beginning in fiscal year 1999-2000, the sheriffs of
584Pasco County, Manatee County, Broward County, and Pinellas
585County have the responsibility to provide all child protective
586investigations in their respective counties. Beginning in fiscal
587year 2000-2001, the Department of Children and Family Services
588is authorized to enter into grant agreements with sheriffs of
589other counties to perform child protective investigations in
590their respective counties.
591     (b)  The sheriffs shall operate, at a minimum, in
592accordance with the performance standards and outcome measures
593established by the Legislature for protective investigations
594conducted by the Department of Children and Family Services.
595Each individual who provides these services must complete, at a
596minimum, the training provided to and required of protective
597investigators employed by the Department of Children and Family
598Services.
599     (c)  Funds for providing child protective investigations
600must be identified in the annual appropriation made to the
601Department of Children and Family Services, which shall award
602grants for the full amount identified to the respective
603sheriffs' offices. Notwithstanding the provisions of ss.
604216.181(16)(b) and 216.351, the Department of Children and
605Family Services may advance payments to the sheriffs for child
606protective investigations. Funds for the child protective
607investigations may not be integrated into the sheriffs' regular
608budgets. Budgetary data and other data relating to the
609performance of child protective investigations must be
610maintained separately from all other records of the sheriffs'
611offices and reported to the Department of Children and Family
612Services as specified in the grant agreement.
613     (d)  Program performance evaluation shall be based on
614criteria mutually agreed upon by the respective sheriffs and the
615Department of Children and Family Services. The program
616performance evaluation shall be conducted by a team of peer
617reviewers from the respective sheriffs' offices that perform
618child protective investigations and representatives from the
619department. The Department of Children and Family Services shall
620submit an annual report regarding quality performance, outcome-
621measure attainment, and cost efficiency to the President of the
622Senate, the Speaker of the House of Representatives, and to the
623Governor no later than January 31 of each year the sheriffs are
624receiving general appropriations to provide child protective
625investigations.
626     Section 8.  Section 39.4086, Florida Statutes, is repealed.
627     Section 9.  Subsection (5) of section 39.523, Florida
628Statutes, is amended to read:
629     39.523  Placement in residential group care.--
630     (5)(a)  By December 1 of each year, the department shall
631report to the Legislature on the placement of children in
632licensed residential group care during the year, including the
633criteria used to determine the placement of children, the number
634of children who were evaluated for placement, the number of
635children who were placed based upon the evaluation, and the
636number of children who were not placed. The department shall
637maintain data specifying the number of children who were
638referred to licensed residential child care for whom placement
639was unavailable and the counties in which such placement was
640unavailable. The department shall include this data in its
641report to the Legislature due on December 1, so that the
642Legislature may consider this information in developing the
643General Appropriations Act.
644     (b)  As part of the report required in paragraph (a), the
645department shall also provide a detailed account of the
646expenditures incurred for "Special Categories: Grants and
647Aids--Specialized Residential Group Care Services" for the
648fiscal year immediately preceding the date of the report. This
649section of the report must include whatever supporting data is
650necessary to demonstrate full compliance with paragraph (6)(c).
651The document must present the information by district and must
652specify, at a minimum, the number of additional beds, the
653average rate per bed, the number of additional persons served,
654and a description of the enhanced and expanded services
655provided.
656     Section 10.  Subsections (1) and (3) of section 98.255,
657Florida Statutes, are amended to read:
658     98.255  Voter education programs.--
659     (1)  By March 1, 2002, The Department of State shall adopt
660rules prescribing minimum standards for nonpartisan voter
661education. In developing the rules, the department shall review
662current voter education programs within each county of the
663state. The standards shall address, but are not limited to, the
664following subjects:
665     (a)  Voter registration;
666     (b)  Balloting procedures, absentee and polling place;
667     (c)  Voter rights and responsibilities;
668     (d)  Distribution of sample ballots; and
669     (e)  Public service announcements.
670     (3)(a)  By December 15 of each general election year, each
671supervisor of elections shall report to the Department of State
672a detailed description of the voter education programs
673implemented and any other information that may be useful in
674evaluating the effectiveness of voter education efforts.
675     (b)  The Department of State, upon receipt of such
676information, shall prepare a public report on the effectiveness
677of voter education programs and shall submit the report to the
678Governor, the President of the Senate, and the Speaker of the
679House of Representatives by January 31 of each year following a
680general election.
681     (c)  The Department of State shall reexamine the rules
682adopted pursuant to subsection (1) and consider the findings in
683these reports the report as a basis for adopting modified rules
684that incorporate successful voter education programs and
685techniques, as necessary.
686     Section 11.  Subsection (2) of section 120.695, Florida
687Statutes, is amended to read:
688     120.695  Notice of noncompliance.--
689     (2)(a)  Each agency shall issue a notice of noncompliance
690as a first response to a minor violation of a rule. A "notice of
691noncompliance" is a notification by the agency charged with
692enforcing the rule issued to the person or business subject to
693the rule. A notice of noncompliance may not be accompanied with
694a fine or other disciplinary penalty. It must identify the
695specific rule that is being violated, provide information on how
696to comply with the rule, and specify a reasonable time for the
697violator to comply with the rule. A rule is agency action that
698regulates a business, occupation, or profession, or regulates a
699person operating a business, occupation, or profession, and
700that, if not complied with, may result in a disciplinary
701penalty.
702     (a)(b)  Each agency shall review all of its rules and
703designate those rules for which a violation would be a minor
704violation and for which a notice of noncompliance must be the
705first enforcement action taken against a person or business
706subject to regulation. A violation of a rule is a minor
707violation if it does not result in economic or physical harm to
708a person or adversely affect the public health, safety, or
709welfare or create a significant threat of such harm. If an
710agency under the direction of a cabinet officer mails to each
711licensee a notice of the designated rules at the time of
712licensure and at least annually thereafter, the provisions of
713this subsection paragraph (a) may be exercised at the discretion
714of the agency. Such notice shall include a subject-matter index
715of the rules and information on how the rules may be obtained.
716     (c)  The agency's review and designation must be completed
717by December 1, 1995; each agency under the direction of the
718Governor shall make a report to the Governor, and each agency
719under the joint direction of the Governor and Cabinet shall
720report to the Governor and Cabinet by January 1, 1996, on which
721of its rules have been designated as rules the violation of
722which would be a minor violation.
723     (b)(d)  The Governor or the Governor and Cabinet, as
724appropriate pursuant to paragraph (c), may evaluate the rule
725review and designation effects of each agency and may apply a
726different designation than that applied by the agency.
727     (3)(e)  This section does not apply to the regulation of
728law enforcement personnel or teachers.
729     (4)(f)  Rule designation pursuant to this section is not
730subject to challenge under this chapter.
731     Section 12.  Section 153.952, Florida Statutes, is
732repealed.
733     Section 13.  Subsections (3), (5), (9), (11), and (16),
734paragraphs (b) and (d) of subsection (6), paragraphs (a) and (b)
735of subsection (12), and paragraphs (a) and (b) of subsection
736(13) of section 161.053, Florida Statutes, are amended to read:
737     161.053  Coastal construction and excavation; regulation on
738county basis.--
739     (3)  It is the intent of the Legislature that any coastal
740construction control line that has not been updated since June
74130, 1980, shall be considered a critical priority for
742reestablishment by the department. In keeping with this intent,
743the department shall notify the Legislature if all such lines
744cannot be reestablished by December 31, 1997, so that the
745Legislature may subsequently consider interim lines of
746jurisdiction for the remaining counties.
747     (4)(5)  Except in those areas where local zoning and
748building codes have been established pursuant to subsection
749(3)(4), a permit to alter, excavate, or construct on property
750seaward of established coastal construction control lines may be
751granted by the department as follows:
752     (a)  The department may authorize an excavation or erection
753of a structure at any coastal location as described in
754subsection (1) upon receipt of an application from a property
755and/or riparian owner and upon the consideration of facts and
756circumstances, including:
757     1.  Adequate engineering data concerning shoreline
758stability and storm tides related to shoreline topography;
759     2.  Design features of the proposed structures or
760activities; and
761     3.  Potential impacts of the location of such structures or
762activities, including potential cumulative effects of any
763proposed structures or activities upon such beach-dune system,
764which, in the opinion of the department, clearly justify such a
765permit.
766     (b)  If in the immediate contiguous or adjacent area a
767number of existing structures have established a reasonably
768continuous and uniform construction line closer to the line of
769mean high water than the foregoing, and if the existing
770structures have not been unduly affected by erosion, a proposed
771structure may, at the discretion of the department, be permitted
772along such line on written authorization from the department if
773such structure is also approved by the department. However, the
774department shall not contravene setback requirements or zoning
775or building codes established by a county or municipality which
776are equal to, or more strict than, those requirements provided
777herein. This paragraph does not prohibit the department from
778requiring structures to meet design and siting criteria
779established in paragraph (a) or in subsection (1) or subsection
780(2).
781     (c)  The department may condition the nature, timing, and
782sequence of construction of permitted activities to provide
783protection to nesting sea turtles and hatchlings and their
784habitat, pursuant to s. 370.12, and to native salt-resistant
785vegetation and endangered plant communities.
786     (d)  The department may require such engineer
787certifications as necessary to assure the adequacy of the design
788and construction of permitted projects.
789     (e)  The department shall limit the construction of
790structures which interfere with public access along the beach.
791However, the department may require, as a condition to granting
792permits, the provision of alternative access when interference
793with public access along the beach is unavoidable. The width of
794such alternate access may not be required to exceed the width of
795the access that will be obstructed as a result of the permit
796being granted.
797     (f)  The department may, as a condition to the granting of
798a permit under this section, require mitigation, financial, or
799other assurances acceptable to the department as may be
800necessary to assure performance of conditions of a permit or
801enter into contractual agreements to best assure compliance with
802any permit conditions. The department may also require notice of
803the permit conditions required and the contractual agreements
804entered into pursuant to the provisions of this subsection to be
805filed in the public records of the county in which the permitted
806activity is located.
807     (5)(6)
808     (b)  After October 1, 1985, and notwithstanding any other
809provision of this part, the department, or a local government to
810which the department has delegated permitting authority pursuant
811to subsections (3)(4) and (15)(16), shall not issue any permit
812for any structure, other than a coastal or shore protection
813structure, minor structure, or pier, meeting the requirements of
814this part, or other than intake and discharge structures for a
815facility sited pursuant to part II of chapter 403, which is
816proposed for a location which, based on the department's
817projections of erosion in the area, will be seaward of the
818seasonal high-water line within 30 years after the date of
819application for such permit. The procedures for determining such
820erosion shall be established by rule. In determining the area
821which will be seaward of the seasonal high-water line in 30
822years, the department shall not include any areas landward of a
823coastal construction control line.
824     (d)  In determining the land areas which will be below the
825seasonal high-water line within 30 years after the permit
826application date, the department shall consider the impact on
827the erosion rates of an existing beach nourishment or
828restoration project or of a beach nourishment or restoration
829project for which all funding arrangements have been made and
830all permits have been issued at the time the application is
831submitted. The department shall consider each year there is sand
832seaward of the erosion control line that no erosion took place
833that year. However, the seaward extent of the beach nourishment
834or restoration project beyond the erosion control line shall not
835be considered in determining the applicable erosion rates.
836Nothing in this subsection shall prohibit the department from
837requiring structures to meet criteria established in subsection
838(1), subsection (2), or subsection (4)(5) or to be further
839landward than required by this subsection based on the criteria
840established in subsection (1), subsection (2), or subsection
841(4)(5).
842     (8)(9)  The provisions of this section do not apply to
843structures intended for shore protection purposes which are
844regulated by s. 161.041 or to structures existing or under
845construction prior to the establishment of the coastal
846construction control line as provided herein, provided such
847structures may not be materially altered except as provided in
848subsection (4)(5). Except for structures that have been
849materially altered, structures determined to be under
850construction at the time of the establishment or reestablishment
851of the coastal construction control line shall be exempt from
852the provisions of this section. However, unless such an
853exemption has been judicially confirmed to exist prior to April
85410, 1992, the exemption shall last only for a period of 3 years
855from either the date of the determination of the exemption or
856April 10, 1992, whichever occurs later. The department may
857extend the exemption period for structures that require longer
858periods for completion of their construction, provided that
859construction during the initial exemption period has been
860continuous. For purposes of this subsection, "continuous" means
861following a reasonable sequence of construction without
862significant or unreasonable periods of work stoppage.
863     (10)(11)  Pending the establishment of coastal construction
864control lines as provided herein, the provisions of s. 161.052
865shall remain in force. However, upon the establishment of
866coastal construction control lines, or the establishment of
867coastal construction zoning and building codes as provided in
868subsection (3)(4), the provisions of s. 161.052 shall be
869superseded by the provisions of this section.
870     (11)(12)(a)  The coastal construction control requirements
871defined in subsection (1) and the requirements of the erosion
872projections pursuant to subsection (5)(6) do not apply to any
873modification, maintenance, or repair to any existing structure
874within the limits of the existing foundation which does not
875require, involve, or include any additions to, or repair or
876modification of, the existing foundation of that structure.
877Specifically excluded from this exemption are seawalls or other
878rigid coastal or shore protection structures and any additions
879or enclosures added, constructed, or installed below the first
880dwelling floor or lowest deck of the existing structure.
881     (b)  Activities seaward of the coastal construction control
882line which are determined by the department not to cause a
883measurable interference with the natural functioning of the
884coastal system are exempt from the requirements in subsection
885(4)(5).
886     (12)(13)(a)  Notwithstanding the coastal construction
887control requirements defined in subsection (1) or the erosion
888projection determined pursuant to subsection (5)(6), the
889department may, at its discretion, issue a permit for the repair
890or rebuilding within the confines of the original foundation of
891a major structure pursuant to the provisions of subsection
892(4)(5). Alternatively, the department may also, at its
893discretion, issue a permit for a more landward relocation or
894rebuilding of a damaged or existing structure if such relocation
895or rebuilding would not cause further harm to the beach-dune
896system, and if, in the case of rebuilding, such rebuilding
897complies with the provisions of subsection (4)(5), and otherwise
898complies with the provisions of this subsection.
899     (b)  Under no circumstances shall the department permit
900such repairs or rebuilding that expand the capacity of the
901original structure seaward of the 30-year erosion projection
902established pursuant to subsection (5)(6).
903     (15)(16)  In keeping with the intent of subsection (3)(4),
904and at the discretion of the department, authority for
905permitting certain types of activities which have been defined
906by the department may be delegated by the department to a
907coastal county or coastal municipality. Such partial delegation
908shall be narrowly construed to those particular activities
909specifically named in the delegation and agreed to by the
910affected county or municipality, and the delegation may be
911revoked by the department at any time if it is determined that
912the delegation is improperly or inadequately administered.
913     Section 14.  Paragraph (g) of subsection (1) of section
914370.12, Florida Statutes, is amended to read:
915     370.12  Marine animals; regulation.--
916     (1)  PROTECTION OF MARINE TURTLES.--
917     (g)  The Department of Environmental Protection may
918condition the nature, timing, and sequence of construction of
919permitted activities to provide protection to nesting marine
920turtles and hatchlings and their habitat pursuant to the
921provisions of s. 161.053(4)(5). When the department is
922considering a permit for a beach restoration, beach
923renourishment, or inlet sand transfer project and the applicant
924has had an active marine turtle nest relocation program or the
925applicant has agreed to and has the ability to administer a
926program, the department must not restrict the timing of the
927project. Where appropriate, the department, in accordance with
928the applicable rules of the Fish and Wildlife Conservation
929Commission, shall require as a condition of the permit that the
930applicant relocate and monitor all turtle nests that would be
931affected by the beach restoration, beach renourishment, or sand
932transfer activities. Such relocation and monitoring activities
933shall be conducted in a manner that ensures successful hatching.
934This limitation on the department's authority applies only on
935the Atlantic coast of Florida.
936     Section 15.  Subsection (2) of section 161.161, Florida
937Statutes, is amended to read:
938     161.161  Procedure for approval of projects.--
939     (2)  Annually Upon approval of the beach management plan,
940the secretary shall present to the President of the Senate, the
941Speaker of the House of Representatives, and the chairs of the
942legislative appropriations committees recommendations for
943funding of beach erosion control projects prioritized according
944to the. Such recommendations shall be presented to such members
945of the Legislature in the priority order specified in the plan
946and established pursuant to criteria established contained in s.
947161.101(14).
948     Section 16.  Section 163.2526, Florida Statutes, is
949repealed.
950     Section 17.  Subsection (2) of section 163.3167, Florida
951Statutes, is amended to read:
952     163.3167  Scope of act.--
953     (2)  Each local government shall prepare a comprehensive
954plan of the type and in the manner set out in this act or shall
955prepare amendments to its existing comprehensive plan to conform
956it to the requirements of this part in the manner set out in
957this part. Each local government, in accordance with the
958procedures in s. 163.3184, shall submit its complete proposed
959comprehensive plan or its complete comprehensive plan as
960proposed to be amended to the state land planning agency. by the
961date specified in the rule adopted by the state land planning
962agency pursuant to this subsection. The state land planning
963agency shall, prior to October 1, 1987, adopt a schedule of
964local governments required to submit complete proposed
965comprehensive plans or comprehensive plans as proposed to be
966amended. Such schedule shall specify the exact date of
967submission for each local government, shall establish equal,
968staggered submission dates, and shall be consistent with the
969following time periods:
970     (a)  Beginning on July 1, 1988, and on or before July 1,
9711990, each county that is required to include a coastal
972management element in its comprehensive plan and each
973municipality in such a county; and
974     (b)  Beginning on July 1, 1989, and on or before July 1,
9751991, all other counties or municipalities.
976
977Nothing herein shall preclude the state land planning agency
978from permitting by rule a county together with each municipality
979in the county from submitting a proposed comprehensive plan
980earlier than the dates established in paragraphs (a) and (b).
981Any county or municipality that fails to meet the schedule set
982for submission of its proposed comprehensive plan by more than
98390 days shall be subject to the sanctions described in s.
984163.3184(11)(a) imposed by the Administration Commission.
985Notwithstanding the time periods established in this subsection,
986the state land planning agency may establish later deadlines for
987the submission of proposed comprehensive plans or comprehensive
988plans as proposed to be amended for a county or municipality
989which has all or a part of a designated area of critical state
990concern within its boundaries; however, such deadlines shall not
991be extended to a date later than July 1, 1991, or the time of
992de-designation, whichever is earlier.
993     Section 18.  Paragraph (h) of subsection (6) and paragraph
994(k) of subsection (10) of section 163.3177, Florida Statutes,
995are amended to read:
996     163.3177  Required and optional elements of comprehensive
997plan; studies and surveys.--
998     (6)  In addition to the requirements of subsections
999(1)-(5), the comprehensive plan shall include the following
1000elements:
1001     (h)1.  An intergovernmental coordination element showing
1002relationships and stating principles and guidelines to be used
1003in coordinating the accomplishment of coordination of the
1004adopted comprehensive plan with the plans of school boards and
1005other units of local government providing services but not
1006having regulatory authority over the use of land, with the
1007comprehensive plans of adjacent municipalities, the county,
1008adjacent counties, or the region, with the state comprehensive
1009plan and with the applicable regional water supply plan approved
1010pursuant to s. 373.0361, as the case may require and as such
1011adopted plans or plans in preparation may exist. This element of
1012the local comprehensive plan shall consider demonstrate
1013consideration of the particular effects of the local plan, when
1014adopted, upon the development of adjacent municipalities, the
1015county, adjacent counties, or the region, or upon the state
1016comprehensive plan, as the case may require.
1017     a.  The intergovernmental coordination element shall
1018provide for procedures for identifying and implementing to
1019identify and implement joint planning areas, especially for the
1020purpose of annexation, municipal incorporation, and joint
1021infrastructure service areas.
1022     b.  The intergovernmental coordination element shall
1023provide for recognition of campus master plans prepared pursuant
1024to s. 1013.30.
1025     c.  The intergovernmental coordination element may provide
1026for a voluntary dispute resolution process as established
1027pursuant to s. 186.509 for bringing to closure in a timely
1028manner intergovernmental disputes. A local government may
1029develop and use an alternative local dispute resolution process
1030for this purpose.
1031     2.  The intergovernmental coordination element shall
1032further state principles and guidelines to be used in
1033coordinating the accomplishment of coordination of the adopted
1034comprehensive plan with the plans of school boards and other
1035units of local government providing facilities and services but
1036not having regulatory authority over the use of land. In
1037addition, the intergovernmental coordination element shall
1038describe joint processes for collaborative planning and
1039decisionmaking on population projections and public school
1040siting, the location and extension of public facilities subject
1041to concurrency, and siting facilities with countywide
1042significance, including locally unwanted land uses whose nature
1043and identity are established in an agreement. Within 1 year of
1044adopting their intergovernmental coordination elements, each
1045county, all the municipalities within that county, the district
1046school board, and any unit of local government service providers
1047in that county shall establish by interlocal or other formal
1048agreement executed by all affected entities, the joint processes
1049described in this subparagraph consistent with their adopted
1050intergovernmental coordination elements.
1051     3.  To foster coordination between special districts and
1052local general-purpose governments as local general-purpose
1053governments implement local comprehensive plans, each
1054independent special district must submit a public facilities
1055report to the appropriate local government as required by s.
1056189.415.
1057     4.a.  Local governments adopting a public educational
1058facilities element pursuant to s. 163.31776 must execute an
1059interlocal agreement with the district school board, the county,
1060and nonexempt municipalities, as defined by s. 163.31776(1),
1061which includes the items listed in s. 163.31777(2). The local
1062government shall amend the intergovernmental coordination
1063element to provide that coordination between the local
1064government and school board is pursuant to the agreement and
1065shall state the obligations of the local government under the
1066agreement.
1067     b.  Plan amendments that comply with this subparagraph are
1068exempt from the provisions of s. 163.3187(1).
1069     5.  The state land planning agency shall establish a
1070schedule for phased completion and transmittal of plan
1071amendments to implement subparagraphs 1., 2., and 3. from all
1072jurisdictions so as to accomplish their adoption by December 31,
10731999. A local government may complete and transmit its plan
1074amendments to carry out these provisions prior to the scheduled
1075date established by the state land planning agency. The plan
1076amendments are exempt from the provisions of s. 163.3187(1).
1077     5.6.  By January 1, 2004, any county having a population
1078greater than 100,000, and the municipalities and special
1079districts within that county, shall submit a report to the
1080Department of Community Affairs which identifies:
1081     a.  Identifies All existing or proposed interlocal service-
1082delivery agreements regarding the following: education; sanitary
1083sewer; public safety; solid waste; drainage; potable water;
1084parks and recreation; and transportation facilities.
1085     b.  Identifies Any deficits or duplication in the provision
1086of services within its jurisdiction, whether capital or
1087operational. Upon request, the Department of Community Affairs
1088shall provide technical assistance to the local governments in
1089identifying deficits or duplication.
1090     6.7.  Within 6 months after submission of the report, the
1091Department of Community Affairs shall, through the appropriate
1092regional planning council, coordinate a meeting of all local
1093governments within the regional planning area to discuss the
1094reports and potential strategies to remedy any identified
1095deficiencies or duplications.
1096     7.8.  Each local government shall update its
1097intergovernmental coordination element based upon the findings
1098in the report submitted pursuant to subparagraph 5.6. The report
1099may be used as supporting data and analysis for the
1100intergovernmental coordination element.
1101     9.  By February 1, 2003, representatives of municipalities,
1102counties, and special districts shall provide to the Legislature
1103recommended statutory changes for annexation, including any
1104changes that address the delivery of local government services
1105in areas planned for annexation.
1106     (10)  The Legislature recognizes the importance and
1107significance of chapter 9J-5, Florida Administrative Code, the
1108Minimum Criteria for Review of Local Government Comprehensive
1109Plans and Determination of Compliance of the Department of
1110Community Affairs that will be used to determine compliance of
1111local comprehensive plans. The Legislature reserved unto itself
1112the right to review chapter 9J-5, Florida Administrative Code,
1113and to reject, modify, or take no action relative to this rule.
1114Therefore, pursuant to subsection (9), the Legislature hereby
1115has reviewed chapter 9J-5, Florida Administrative Code, and
1116expresses the following legislative intent:
1117     (k)  So that local governments are able to prepare and
1118adopt comprehensive plans with knowledge of the rules that will
1119be applied to determine consistency of the plans with provisions
1120of this part, it is the intent of the Legislature that there
1121should be no doubt as to the legal standing of chapter 9J-5,
1122Florida Administrative Code, at the close of the 1986
1123legislative session. Therefore, the Legislature declares that
1124changes made to chapter 9J-5, Florida Administrative Code, prior
1125to October 1, 1986, shall not be subject to rule challenges
1126under s. 120.56(2), or to drawout proceedings under s.
1127120.54(3)(c)2. The entire chapter 9J-5, Florida Administrative
1128Code, as amended, shall be subject to rule challenges under s.
1129120.56(3), as nothing herein shall be construed to indicate
1130approval or disapproval of any portion of chapter 9J-5, Florida
1131Administrative Code, not specifically addressed herein. No
1132challenge pursuant to s. 120.56(3) may be filed from July 1,
11331987, through April 1, 1993. Any amendments to chapter 9J-5,
1134Florida Administrative Code, exclusive of the amendments adopted
1135prior to October 1, 1986, pursuant to this act, shall be subject
1136to the full chapter 120 process. All amendments shall have
1137effective dates as provided in chapter 120 and submission to the
1138President of the Senate and Speaker of the House of
1139Representatives shall not be required.
1140     Section 19.  Subsection (6) of section 163.3178, Florida
1141Statutes, is amended to read:
1142     163.3178  Coastal management.--
1143     (6)  Local governments are encouraged to adopt countywide
1144marina siting plans to designate sites for existing and future
1145marinas. The Coastal Resources Interagency Management Committee,
1146at the direction of the Legislature, shall identify incentives
1147to encourage local governments to adopt such siting plans and
1148uniform criteria and standards to be used by local governments
1149to implement state goals, objectives, and policies relating to
1150marina siting. These criteria must ensure that priority is given
1151to water-dependent land uses. The Coastal Resources Interagency
1152Management Committee shall submit its recommendations regarding
1153local government incentives to the Legislature by December 1,
11541993. Countywide marina siting plans must be consistent with
1155state and regional environmental planning policies and
1156standards. Each local government in the coastal area which
1157participates in adoption of a countywide marina siting plan
1158shall incorporate the plan into the coastal management element
1159of its local comprehensive plan.
1160     Section 20.  Subsection (12) of section 163.519, Florida
1161Statutes, is amended to read:
1162     163.519  Duties of Department of Legal Affairs.--The
1163Department of Legal Affairs shall:
1164     (12)  Submit an annual report to the Governor, the
1165President of the Senate, the Speaker of the House of
1166Representatives, and the minority leaders and appropriate
1167committee chairpersons of each house prior to March 1 of each
1168year which contains:
1169     (a)  A listing of neighborhood improvement districts
1170created within the state, and their location.
1171     (b)  A listing of districts which received funds from the
1172Safe Neighborhoods Program.
1173     (c)  A status report noting each district's progress in
1174completing and implementing safe neighborhood improvement plans.
1175     Section 21.  Subsection (9) of section 186.007, Florida
1176Statutes, is amended to read:
1177     186.007  State comprehensive plan; preparation; revision.--
1178     (9)  The Governor shall appoint a committee to review and
1179make recommendations as to appropriate revisions to the state
1180comprehensive plan that should be considered for the Governor's
1181recommendations to the Administration Commission for October 1,
11821999, pursuant to s. 186.008(1). The committee must consist of
1183persons from the public and private sectors representing the
1184broad range of interests covered by the state comprehensive
1185plan, including state, regional, and local government
1186representatives. In reviewing the goals and policies contained
1187in chapter 187, the committee must identify portions that have
1188become outdated or have not been implemented, and, based upon
1189best available data, the state's progress toward achieving the
1190goals and policies. In reviewing the goals and policies relating
1191to growth and development, the committee shall consider the
1192extent to which the plan adequately addresses the guidelines set
1193forth in s. 186.009, and recommend revisions as appropriate. In
1194addition, the committee shall consider and make recommendations
1195on the purpose and function of the state land development plan,
1196as set forth in s. 380.031(17), including whether said plan
1197should be retained and, if so, its future application. The
1198committee may also make recommendations as to data and
1199information needed in the continuing process to evaluate and
1200update the state comprehensive plan. All meetings of the
1201committee must be open to the public for input on the state
1202planning process and amendments to the state comprehensive plan.
1203The Executive Office of the Governor is hereby appropriated
1204$50,000 in nonrecurring general revenue for costs associated
1205with the committee, including travel and per diem reimbursement
1206for the committee members.
1207     Section 22.  Subsection (5) of section 189.4035, Florida
1208Statutes, is amended to read:
1209     189.4035  Preparation of official list of special
1210districts.--
1211     (5)  The official list of special districts shall be
1212available on the department's website distributed by the
1213department on October 1 of each year to the President of the
1214Senate, the Speaker of the House of Representatives, the Auditor
1215General, the Department of Revenue, the Department of Financial
1216Services, the Department of Management Services, the State Board
1217of Administration, counties, municipalities, county property
1218appraisers, tax collectors, and supervisors of elections and to
1219all interested parties who request the list.
1220     Section 23.  Subsection (2) of section 189.412, Florida
1221Statutes, is amended to read:
1222     189.412  Special District Information Program; duties and
1223responsibilities.--The Special District Information Program of
1224the Department of Community Affairs is created and has the
1225following special duties:
1226     (2)  The maintenance of a master list of independent and
1227dependent special districts which shall be available on the
1228department's website annually updated and distributed to the
1229appropriate officials in state and local governments.
1230     Section 24.  Subsection (2) of section 194.034, Florida
1231Statutes, is amended to read:
1232     194.034  Hearing procedures; rules.--
1233     (2)  In each case, except when a complaint is withdrawn by
1234the petitioner or is acknowledged as correct by the property
1235appraiser, the value adjustment board shall render a written
1236decision. All such decisions shall be issued within 20 calendar
1237days of the last day the board is in session under s. 194.032.
1238The decision of the board shall contain findings of fact and
1239conclusions of law and shall include reasons for upholding or
1240overturning the determination of the property appraiser. When a
1241special magistrate has been appointed, the recommendations of
1242the special magistrate shall be considered by the board. The
1243clerk, upon issuance of the decisions, shall, on a form provided
1244by the Department of Revenue, notify by first-class mail each
1245taxpayer and, the property appraiser, and the department of the
1246decision of the board.
1247     Section 25.  Paragraph (b) of subsection (1) of section
1248206.606, Florida Statutes, is amended to read:
1249     206.606  Distribution of certain proceeds.--
1250     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
1251206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
1252Fund. Such moneys, after deducting the service charges imposed
1253by s. 215.20, the refunds granted pursuant to s. 206.41, and the
1254administrative costs incurred by the department in collecting,
1255administering, enforcing, and distributing the tax, which
1256administrative costs may not exceed 2 percent of collections,
1257shall be distributed monthly to the State Transportation Trust
1258Fund, except that:
1259     (b)  $2.5 million shall be transferred annually to the
1260State Game Trust Fund in the Fish and Wildlife Conservation
1261Commission in each fiscal year and used for recreational boating
1262activities, and freshwater fisheries management and research.
1263The transfers must be made in equal monthly amounts beginning on
1264July 1 of each fiscal year. The commission shall annually
1265determine where unmet needs exist for boating-related
1266activities, and may fund such activities in counties where, due
1267to the number of vessel registrations, sufficient financial
1268resources are unavailable.
1269     1.  A minimum of $1.25 million shall be used to fund local
1270projects to provide recreational channel marking, public
1271launching facilities, aquatic plant control, and other local
1272boating related activities. In funding the projects, the
1273commission shall give priority consideration as follows:
1274     a.  Unmet needs in counties with populations of 100,000 or
1275less.
1276     b.  Unmet needs in coastal counties with a high level of
1277boating related activities from individuals residing in other
1278counties.
1279     2.  The remaining $1.25 million may be used for
1280recreational boating activities and freshwater fisheries
1281management and research.
1282     3.  The commission is authorized to adopt rules pursuant to
1283ss. 120.536(1) and 120.54 to implement a Florida Boating
1284Improvement Program similar to the program administered by the
1285Department of Environmental Protection and established in rules
128662D-5.031 - 62D-5.036, Florida Administrative Code, to determine
1287projects eligible for funding under this subsection.
1288
1289On February 1 of each year, The commission shall prepare and
1290make available on its Internet website file an annual report
1291with the President of the Senate and the Speaker of the House of
1292Representatives outlining the status of its Florida Boating
1293Improvement Program, including the projects funded, and a list
1294of counties whose needs are unmet due to insufficient financial
1295resources from vessel registration fees.
1296     Section 26.  Paragraph (b) of subsection (4) of section
1297212.054, Florida Statutes, is amended to read:
1298     212.054  Discretionary sales surtax; limitations,
1299administration, and collection.--
1300     (4)
1301     (b)  The proceeds of a discretionary sales surtax collected
1302by the selling dealer located in a county which imposes the
1303surtax shall be returned, less the cost of administration, to
1304the county where the selling dealer is located. The proceeds
1305shall be transferred to the Discretionary Sales Surtax Clearing
1306Trust Fund. A separate account shall be established in such
1307trust fund for each county imposing a discretionary surtax. The
1308amount deducted for the costs of administration shall not exceed
13093 percent of the total revenue generated for all counties
1310levying a surtax authorized in s. 212.055. The amount deducted
1311for the costs of administration shall be used only for those
1312costs which are solely and directly attributable to the surtax.
1313The total cost of administration shall be prorated among those
1314counties levying the surtax on the basis of the amount collected
1315for a particular county to the total amount collected for all
1316counties. No later than March 1 of each year, the department
1317shall submit a written report which details the expenses and
1318amounts deducted for the costs of administration to the
1319President of the Senate, the Speaker of the House of
1320Representatives, and the governing authority of each county
1321levying a surtax. The department shall distribute the moneys in
1322the trust fund each month to the appropriate counties, unless
1323otherwise provided in s. 212.055.
1324     Section 27.  Paragraph (j) of subsection (5) of section
1325212.08, Florida Statutes, is amended to read:
1326     212.08  Sales, rental, use, consumption, distribution, and
1327storage tax; specified exemptions.--The sale at retail, the
1328rental, the use, the consumption, the distribution, and the
1329storage to be used or consumed in this state of the following
1330are hereby specifically exempt from the tax imposed by this
1331chapter.
1332     (5)  EXEMPTIONS; ACCOUNT OF USE.--
1333     (j)  Machinery and equipment used in semiconductor,
1334defense, or space technology production and research and
1335development.--
1336     1.a.  Industrial machinery and equipment used in
1337semiconductor technology facilities certified under subparagraph
13386. to manufacture, process, compound, or produce semiconductor
1339technology products for sale or for use by these facilities are
1340exempt from the tax imposed by this chapter. For purposes of
1341this paragraph, industrial machinery and equipment includes
1342molds, dies, machine tooling, other appurtenances or accessories
1343to machinery and equipment, testing equipment, test beds,
1344computers, and software, whether purchased or self-fabricated,
1345and, if self-fabricated, includes materials and labor for
1346design, fabrication, and assembly.
1347     b.  Industrial machinery and equipment used in defense or
1348space technology facilities certified under subparagraph 6. to
1349manufacture, process, compound, or produce defense technology
1350products or space technology products for sale or for use by
1351these facilities are exempt from 25 percent of the tax imposed
1352by this chapter.
1353     2.a.  Machinery and equipment are exempt from the tax
1354imposed by this chapter if used predominately in semiconductor
1355wafer research and development activities in a semiconductor
1356technology research and development facility certified under
1357subparagraph 6. For purposes of this paragraph, machinery and
1358equipment includes molds, dies, machine tooling, other
1359appurtenances or accessories to machinery and equipment, testing
1360equipment, test beds, computers, and software, whether purchased
1361or self-fabricated, and, if self-fabricated, includes materials
1362and labor for design, fabrication, and assembly.
1363     b.  Machinery and equipment are exempt from 25 percent of
1364the tax imposed by this chapter if used predominately in defense
1365or space research and development activities in a defense or
1366space technology research and development facility certified
1367under subparagraph 6.
1368     3.  Building materials purchased for use in manufacturing
1369or expanding clean rooms in semiconductor-manufacturing
1370facilities are exempt from the tax imposed by this chapter.
1371     4.  In addition to meeting the criteria mandated by
1372subparagraph 1., subparagraph 2., or subparagraph 3., a business
1373must be certified by the Office of Tourism, Trade, and Economic
1374Development as authorized in this paragraph in order to qualify
1375for exemption under this paragraph.
1376     5.  For items purchased tax exempt pursuant to this
1377paragraph, possession of a written certification from the
1378purchaser, certifying the purchaser's entitlement to exemption
1379pursuant to this paragraph, relieves the seller of the
1380responsibility of collecting the tax on the sale of such items,
1381and the department shall look solely to the purchaser for
1382recovery of tax if it determines that the purchaser was not
1383entitled to the exemption.
1384     6.a.  To be eligible to receive the exemption provided by
1385subparagraph 1., subparagraph 2., or subparagraph 3., a
1386qualifying business entity shall apply to Enterprise Florida,
1387Inc. The application shall be developed by the Office of
1388Tourism, Trade, and Economic Development in consultation with
1389Enterprise Florida, Inc.
1390     b.  Enterprise Florida, Inc., shall review each submitted
1391application and information and determine whether or not the
1392application is complete within 5 working days. Once an
1393application is complete, Enterprise Florida, Inc., shall, within
139410 working days, evaluate the application and recommend approval
1395or disapproval of the application to the Office of Tourism,
1396Trade, and Economic Development.
1397     c.  Upon receipt of the application and recommendation from
1398Enterprise Florida, Inc., the Office of Tourism, Trade, and
1399Economic Development shall certify within 5 working days those
1400applicants who are found to meet the requirements of this
1401section and notify the applicant, Enterprise Florida, Inc., and
1402the department of the certification. If the Office of Tourism,
1403Trade, and Economic Development finds that the applicant does
1404not meet the requirements of this section, it shall notify the
1405applicant and Enterprise Florida, Inc., within 10 working days
1406that the application for certification has been denied and the
1407reasons for denial. The Office of Tourism, Trade, and Economic
1408Development has final approval authority for certification under
1409this section.
1410     7.a.  A business may apply once each year for the
1411exemption.
1412     a.b.  The application must indicate, for program evaluation
1413purposes only, the average number of full-time equivalent
1414employees at the facility over the preceding calendar year, the
1415average wage and benefits paid to those employees over the
1416preceding calendar year, the total investment made in real and
1417tangible personal property over the preceding calendar year, and
1418the total value of tax-exempt purchases and taxes exempted
1419during the previous year. The department shall assist the Office
1420of Tourism, Trade, and Economic Development in evaluating and
1421verifying information provided in the application for exemption.
1422     b.c.  The Office of Tourism, Trade, and Economic
1423Development may use the information reported on the application
1424for evaluation purposes only and shall prepare an annual report
1425on the exemption program and its cost and impact. The annual
1426report for the preceding fiscal year shall be submitted to the
1427Governor, the President of the Senate, and the Speaker of the
1428House of Representatives by September 30 of each fiscal year.
1429     8.  A business certified to receive this exemption may
1430elect to designate one or more state universities or community
1431colleges as recipients of up to 100 percent of the amount of the
1432exemption for which they may qualify. To receive these funds,
1433the institution must agree to match the funds so earned with
1434equivalent cash, programs, services, or other in-kind support on
1435a one-to-one basis in the pursuit of research and development
1436projects as requested by the certified business. The rights to
1437any patents, royalties, or real or intellectual property must be
1438vested in the business unless otherwise agreed to by the
1439business and the university or community college.
1440     9.  As used in this paragraph, the term:
1441     a.  "Predominately" means at least 50 percent of the time
1442in qualifying research and development.
1443     b.  "Research and development" means basic and applied
1444research in the science or engineering, as well as the design,
1445development, and testing of prototypes or processes of new or
1446improved products. Research and development does not include
1447market research, routine consumer product testing, sales
1448research, research in the social sciences or psychology,
1449nontechnological activities, or technical services.
1450     c.  "Semiconductor technology products" means raw
1451semiconductor wafers or semiconductor thin films that are
1452transformed into semiconductor memory or logic wafers, including
1453wafers containing mixed memory and logic circuits; related
1454assembly and test operations; active-matrix flat panel displays;
1455semiconductor chips; semiconductor lasers; optoelectronic
1456elements; and related semiconductor technology products as
1457determined by the Office of Tourism, Trade, and Economic
1458Development.
1459     d.  "Clean rooms" means manufacturing facilities enclosed
1460in a manner that meets the clean manufacturing requirements
1461necessary for high-technology semiconductor-manufacturing
1462environments.
1463     e.  "Defense technology products" means products that have
1464a military application, including, but not limited to, weapons,
1465weapons systems, guidance systems, surveillance systems,
1466communications or information systems, munitions, aircraft,
1467vessels, or boats, or components thereof, which are intended for
1468military use and manufactured in performance of a contract with
1469the United States Department of Defense or the military branch
1470of a recognized foreign government or a subcontract thereunder
1471which relates to matters of national defense.
1472     f.  "Space technology products" means products that are
1473specifically designed or manufactured for application in space
1474activities, including, but not limited to, space launch
1475vehicles, missiles, satellites or research payloads, avionics,
1476and associated control systems and processing systems. The term
1477does not include products that are designed or manufactured for
1478general commercial aviation or other uses even though those
1479products may also serve an incidental use in space applications.
1480     Section 28.  Section 213.0452, Florida Statutes, is
1481repealed.
1482     Section 29.  Section 213.054, Florida Statutes, is
1483repealed.
1484     Section 30.  Paragraph (f) of subsection (5) of section
1485215.5601, Florida Statutes, is amended to read:
1486     215.5601  Lawton Chiles Endowment Fund.--
1487     (5)  AVAILABILITY OF FUNDS; USES.--
1488     (f)  When advised by the Revenue Estimating Conference that
1489a deficit will occur with respect to the appropriations from the
1490tobacco settlement trust funds of the state agencies in any
1491fiscal year, the Governor shall develop a plan of action to
1492eliminate the deficit. Before implementing the plan of action,
1493the Governor must comply with s. 216.177(2). In developing the
1494plan of action, the Governor shall, to the extent possible,
1495preserve legislative policy and intent, and, absent any specific
1496directions to the contrary in the General Appropriations Act,
1497any reductions in appropriations from the tobacco settlement
1498trust funds of the state agencies for a fiscal year shall be
1499prorated among the specific appropriations made from all tobacco
1500settlement trust funds of the state agencies for that year.
1501     Section 31.  Subsection (3) of section 215.70, Florida
1502Statutes, is amended to read:
1503     215.70  State Board of Administration to act in case of
1504defaults.--
1505     (3)  It shall be the duty of the State Board of
1506Administration to monitor the debt service accounts for bonds
1507issued pursuant to this act. The board shall advise the Governor
1508and Legislature of any projected need to appropriate funds to
1509honor the pledge of full faith and credit of the state. The
1510report shall include the estimated amount of appropriations
1511needed, the estimated maximum amount of appropriations needed,
1512and a contingency appropriation request for each bond issue.
1513     Section 32.  Subsection (1) of section 253.7825, Florida
1514Statutes, is amended to read:
1515     253.7825  Recreational uses.--
1516     (1)  The Cross Florida Greenways State Recreation and
1517Conservation Area must be managed as a multiple-use area
1518pursuant to s. 253.034(2)(a), and as further provided herein.
1519The University of Florida Management Plan provides a conceptual
1520recreational plan that may ultimately be developed at various
1521locations throughout the greenways corridor. The plan proposes
1522to locate a number of the larger, more comprehensive and complex
1523recreational facilities in sensitive, natural resource areas.
1524Future site-specific studies and investigations must be
1525conducted by the department to determine compatibility with, and
1526potential for adverse impact to, existing natural resources,
1527need for the facility, the availability of other alternative
1528locations with reduced adverse impacts to existing natural
1529resources, and the proper specific sites and locations for the
1530more comprehensive and complex facilities. Furthermore, it is
1531appropriate, with the approval of the department, to allow more
1532fishing docks, boat launches, and other user-oriented facilities
1533to be developed and maintained by local governments.
1534     Section 33.  Section 253.7826, Florida Statutes, is
1535repealed.
1536     Section 34.  Section 253.7829, Florida Statutes, is
1537repealed.
1538     Section 35.  Section 265.56, Florida Statutes, is repealed.
1539     Section 36.  Subsection (4) of section 267.074, Florida
1540Statutes, is amended to read:
1541     267.074  State Historical Marker Program.--The division
1542shall coordinate and direct the State Historical Marker Program,
1543which shall be a program of popular history and heritage
1544designed to inform the general public about persons, events,
1545structures, and other topics relating to the history and culture
1546of the state; encourage interest in preserving the historical
1547resources of the state and its localities; promote a sense of
1548community and place among Florida citizens; and provide for the
1549enjoyment and edification of tourists.
1550     (4)  The division shall develop a comprehensive plan for
1551the State Historical Marker Program which shall be kept up to
1552date and shall incorporate goals and objectives of the program,
1553as well as policies, plans, and procedures relating to:
1554     (a)  Categories of Official Florida Historical Markers,
1555criteria for their use, and specifications for design.
1556     (b)  Selection of subjects to be marked.
1557     (c)  Published guides to Official Florida Historical
1558Markers, including methods for public distribution.
1559     (d)  Maintenance of markers.
1560     (e)  Removal or replacement of markers.
1561     (f)  Placement of markers at historic sites which shall be,
1562in general, conspicuous and accessible to and easily reached by
1563the public and where something associated with the person,
1564historic property, event, or other subject being marked is still
1565visible.
1566     (g)  Physical placement of the markers which shall be, in
1567general, conspicuous and easily reached by the public.
1568     Section 37.  Subsection (28) of section 282.102, Florida
1569Statutes, is amended to read:
1570     282.102  Creation of the State Technology Office; powers
1571and duties.--There is created a State Technology Office within
1572the Department of Management Services. The office shall be a
1573separate budget entity, and shall be headed by a Chief
1574Information Officer who is appointed by the Governor and is in
1575the Senior Management Service. The Chief Information Officer
1576shall be an agency head for all purposes. The Department of
1577Management Services shall provide administrative support and
1578service to the office to the extent requested by the Chief
1579Information Officer. The office may adopt policies and
1580procedures regarding personnel, procurement, and transactions
1581for State Technology Office personnel. The office shall have the
1582following powers, duties, and functions:
1583     (28)  To study and make a recommendation to the Governor
1584and Legislature on the feasibility of implementing online voting
1585in this state.
1586     Section 38.  Subsection (3) of section 284.50, Florida
1587Statutes, is amended to read:
1588     284.50  Loss prevention program; safety coordinators;
1589Interagency Advisory Council on Loss Prevention; employee
1590recognition program.--
1591     (3)  The council and each department head shall report
1592annually to the Governor by January 15 preceding any regular
1593legislative session any actions taken to prevent job-related
1594employee accidents, together with suggestions of safeguards and
1595improvements.
1596     Section 39.  Subsection (11) of section 287.045, Florida
1597Statutes, is amended to read:
1598     287.045  Procurement of products and materials with
1599recycled content.--
1600     (11)  Each agency shall report annually to the department
1601its total expenditures on, and use of, products with recycled
1602content and the percentage of its budget that represents
1603purchases of similar products made from virgin materials. The
1604department shall design a uniform reporting mechanism and
1605prepare annual summaries of statewide purchases delineating
1606those with recycled content to be submitted to the Governor, the
1607President of the Senate, and the Speaker of the House of
1608Representatives.
1609     Section 40.  Subsection (10) of section 287.16, Florida
1610Statutes, is amended to read:
1611     287.16  Powers and duties of department.--The Department of
1612Management Services shall have the following powers, duties, and
1613responsibilities:
1614     (10)  To provide the Legislature annual reports at the end
1615of each calendar year concerning the utilization of all aircraft
1616in the executive pool.
1617     Section 41.  Subsection (7) of section 288.108, Florida
1618Statutes, is amended to read:
1619     288.108  High-impact business.--
1620     (7)  REPORTING.--The office shall by December 1 of each
1621year issue a complete and detailed report of all designated
1622high-impact sectors, all applications received and their
1623disposition, all final orders issued, and all payments made,
1624including analyses of benefits and costs, types of projects
1625supported, and employment and investments created. The report
1626shall be submitted to the Governor, the President of the Senate,
1627and the Speaker of the House of Representatives.
1628     Section 42.  Subsection (6) of section 288.1226, Florida
1629Statutes, is amended to read:
1630     288.1226  Florida Tourism Industry Marketing Corporation;
1631use of property; board of directors; duties; audit.--
1632     (6)  ANNUAL AUDIT.--The corporation shall provide for an
1633annual financial audit in accordance with s. 215.981. The annual
1634audit report shall be submitted to the Auditor General; the
1635Office of Policy Analysis and Government Accountability; and the
1636Office of Tourism, Trade, and Economic Development for review.
1637The Office of Program Policy Analysis and Government
1638Accountability; the Office of Tourism, Trade, and Economic
1639Development; and the Auditor General have the authority to
1640require and receive from the corporation or from its independent
1641auditor any detail or supplemental data relative to the
1642operation of the corporation. The Office of Tourism, Trade, and
1643Economic Development shall annually certify whether the
1644corporation is operating in a manner and achieving the
1645objectives that are consistent with the policies and goals of
1646the commission and its long-range marketing plan. The identity
1647of a donor or prospective donor to the corporation who desires
1648to remain anonymous and all information identifying such donor
1649or prospective donor are confidential and exempt from the
1650provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1651Constitution. Such anonymity shall be maintained in the
1652auditor's report.
1653     Section 43.  Paragraph (e) of subsection (8) of section
1654288.1229, Florida Statutes, is amended to read:
1655     288.1229  Promotion and development of sports-related
1656industries and amateur athletics; direct-support organization;
1657powers and duties.--
1658     (8)  To promote amateur sports and physical fitness, the
1659direct-support organization shall:
1660     (e)  Promote Florida as a host for national and
1661international amateur athletic competitions. As part of this
1662effort, the direct-support organization shall:
1663     1.  Assist and support Florida cities or communities
1664bidding or seeking to host the Summer Olympics or Pan American
1665Games.
1666     2.  Annually report to the Governor, the President of the
1667Senate, and the Speaker of the House of Representatives on the
1668status of the efforts of cities or communities bidding to host
1669the Summer Olympics or Pan American Games, including, but not
1670limited to, current financial and infrastructure status,
1671projected financial and infrastructure needs, and
1672recommendations for satisfying the unmet needs and fulfilling
1673the requirements for a successful bid in any year that the
1674Summer Olympics or Pan American Games are held in this state.
1675     Section 44.  Subsection (4) of section 288.7015, Florida
1676Statutes, is amended to read:
1677     288.7015  Appointment of rules ombudsman; duties.--The
1678Governor shall appoint a rules ombudsman, as defined in s.
1679288.703, in the Executive Office of the Governor, for
1680considering the impact of agency rules on the state's citizens
1681and businesses. In carrying out duties as provided by law, the
1682ombudsman shall consult with Enterprise Florida, Inc., at which
1683point the office may recommend to improve the regulatory
1684environment of this state. The duties of the rules ombudsman are
1685to:
1686     (4)(a)  By December 1, 1997, and annually thereafter,
1687submit a report to the Legislature identifying and describing
1688the extent to which rules of state agencies adversely impact
1689trade promotion, economic growth and diversification in Florida,
1690business profitability and viability, and, in particular, the
1691startup of new businesses. The report must specifically identify
1692and describe those agency rules repealed or modified during each
1693calendar year in order to improve the regulatory climate for
1694businesses operating in this state. The report must also
1695identify those proposed rules for review and possible repeal or
1696modification in the next calendar year.
1697     (b)  The report must also specifically identify and
1698describe the use and impact of state economic development
1699incentives on minority-owned businesses. The report must detail
1700how many minority-owned businesses received state economic
1701development incentives administered by the Office of Tourism,
1702Trade, and Economic Development, including private activity
1703bonds, and the JOBs benefit.
1704     Section 45.  Subsection (5) of section 288.853, Florida
1705Statutes, is amended to read:
1706     288.853  International sanctions against Castro
1707government.--
1708     (5)  Furthermore, contingent upon annual appropriation, to
1709the extent covered by the report submitted by the President
1710according to s. 108 of the Cuban Liberty and Democratic
1711Solidarity Act of 1996, and until such time as the President
1712submits a determination under s. 203(c)(1) of the Cuban Liberty
1713and Democratic Solidarity Act of 1996, the Governor shall submit
1714an annual report to the President of the Senate and the Speaker
1715of the House of Representatives on assistance to and commerce
1716with Cuba by citizens and legal residents of Florida. Each
1717report shall contain:
1718     (a)  Identification of Cuba's trading partners and the
1719extent of such trade.
1720     (b)  A description of joint ventures completed or under
1721consideration by foreign nationals and business firms located in
1722or doing business in Florida involving facilities in Cuba.
1723     (c)  A determination as to whether any facilities are
1724claimed by a citizen of Florida.
1725     (d)  Steps taken to assure that raw materials and
1726semifinished or finished goods produced by facilities in Cuba
1727involving Cuban and/or foreign nationals or businesses are not
1728entering the Florida market.
1729     Section 46.  Subsection (5) of section 288.95155, Florida
1730Statutes, is amended to read:
1731     288.95155  Florida Small Business Technology Growth
1732Program.--
1733     (5)  By January 1 of each year, Enterprise Florida, Inc.,
1734shall prepare and include a report on the financial status of
1735the program in its annual report required under s. 288.095 and
1736the account and shall submit a copy of the report to the board
1737of directors of Enterprise Florida, Inc., the appropriate
1738legislative committees responsible for economic development
1739oversight, and the appropriate legislative appropriations
1740subcommittees. The report shall specify the assets and
1741liabilities of the account within the current fiscal year and
1742shall include a portfolio update that lists all of the
1743businesses assisted, the private dollars leveraged by each
1744business assisted, and the growth in sales and in employment of
1745each business assisted.
1746     Section 47.  Paragraph (c) of subsection (4) of section
1747288.9604, Florida Statutes, is amended to read:
1748     288.9604  Creation of the authority.--
1749     (4)
1750     (c)  The directors of the corporation shall annually elect
1751one of their members as chair and one as vice chair. The
1752corporation may employ a president, technical experts, and such
1753other agents and employees, permanent and temporary, as it
1754requires and determine their qualifications, duties, and
1755compensation. For such legal services as it requires, the
1756corporation may employ or retain its own counsel and legal
1757staff. The corporation shall file with the governing body of
1758each public agency with which it has entered into an interlocal
1759agreement and with the Governor, the Speaker of the House of
1760Representatives, the President of the Senate, the Minority
1761Leaders of the Senate and House of Representatives, and the
1762Auditor General, on or before 90 days after the close of the
1763fiscal year of the corporation, a report of its activities for
1764the preceding fiscal year, which report shall include a complete
1765financial statement setting forth its assets, liabilities,
1766income, and operating expenses as of the end of such fiscal
1767year.
1768     Section 48.  Section 288.9610, Florida Statutes, is amended
1769to read:
1770     288.9610  Annual reports of Florida Development Finance
1771Corporation.--On or before 90 days after the close of By
1772December 1 of each year, the Florida Development Finance
1773Corporation's fiscal year, the corporation shall submit to the
1774Governor, the President of the Senate, the Speaker of the House
1775of Representatives, the Senate Minority Leader, the House
1776Minority Leader, the Auditor General, and the governing body of
1777each public entity with which it has entered into an interlocal
1778agreement city or county activating the Florida Development
1779Finance Corporation a complete and detailed report setting
1780forth:
1781     (1)  The results of any audit conducted pursuant to s.
178211.45 The evaluation required in s. 11.45(3)(j).
1783     (2)  The activities, operations, and accomplishments of the
1784Florida Development Finance Corporation, including the number of
1785businesses assisted by the corporation.
1786     (3)  Its assets, and liabilities, income, and operating
1787expenses at the end of its most recent fiscal year, including a
1788description of all of its outstanding revenue bonds.
1789     Section 49.  Subsection (3) of section 292.04, Florida
1790Statutes, is amended to read:
1791     292.04  Florida Commission on Veterans' Affairs.--
1792     (3)(a)  It is the duty of the commission to conduct a
1793biennial survey of possible contributions that veterans or state
1794organizations of veterans and their auxiliaries could make to
1795the state and to report the results of the survey to the
1796department together with recommendations for encouraging such
1797contributions.
1798     (b)  The commission shall work with the various veterans'
1799organizations and their auxiliaries within the state and shall
1800function as a liaison between such organizations and the
1801department on matters pertaining to veterans.
1802     Section 50.  Subsection (6) of section 292.05, Florida
1803Statutes, is amended to read:
1804     292.05  Duties of Department of Veterans' Affairs.--
1805     (6)  The department shall, by on December 31 of each year,
1806submit make an annual written report to the Governor, the
1807Cabinet, of the state, the Speaker of the House of
1808Representatives, and the President of the Senate that shall
1809describe:, which report shall show
1810     (a)  The expenses incurred in veteran service work in the
1811state; the number, nature, and kind of cases handled by the
1812department and by county and city veteran service officers of
1813the state; the amounts of benefits obtained for veterans; the
1814names and addresses of all certified veteran service officers,
1815including county and city veteran service officers. The report
1816shall also describe the actions taken by the department in
1817implementing subsections (4), (5), and (7) and shall contain
1818such other information and recommendations as may appear to the
1819department to be right and proper.
1820     (b)  The current status of the department's domiciliary and
1821nursing homes established pursuant to chapter 296, including all
1822receipts and expenditures, the condition of the homes, the
1823number of residents received and discharged during the preceding
1824year, occupancy rates, staffing, and any other information
1825necessary to providing an understanding of the management,
1826conduct, and operation of the homes.
1827     Section 51.  Section 296.16, Florida Statutes, is repealed.
1828     Section 52.  Section 296.39, Florida Statutes, is repealed.
1829     Section 53.  Paragraph (c) of subsection (12) of section
1830315.03, Florida Statutes, is amended to read:
1831     315.03  Grant of powers.--Each unit is hereby authorized
1832and empowered:
1833     (12)
1834     (c)  The Legislature shall review the loan program
1835established pursuant to this subsection during the 2004 Regular
1836Session of the Legislature.
1837     Section 54.  Subsection (2) of section 319.324, Florida
1838Statutes, is amended to read:
1839     319.324  Odometer fraud prevention and detection;
1840funding.--
1841     (2)  Moneys deposited into the Highway Safety Operating
1842Trust Fund under this section shall be used to implement and
1843maintain efforts by the department to prevent and detect
1844odometer fraud, including the prompt investigation of alleged
1845instances of odometer mileage discrepancies reported by licensed
1846motor vehicle dealers, auctions, or purchasers of motor
1847vehicles. Such moneys shall also be used to fund an annual
1848report to the Legislature by the Department of Highway Safety
1849and Motor Vehicles, summarizing the department's investigations
1850and findings. In addition, moneys deposited into the fund may be
1851used by the department for general operations.
1852     Section 55.  Section 322.181, Florida Statutes, is amended
1853to read:
1854     322.181  Advisory council on the Study of effects of aging
1855on driving ability; advisory council.--
1856     (1)  The Department of Highway Safety and Motor Vehicles
1857shall study the effects of aging on driving ability. The purpose
1858of the study is to develop a comprehensive approach to licensing
1859drivers.
1860     (2)  Issues to be studied by the department shall include
1861the:
1862     (a)  Effective and efficient identification of drivers at
1863risk of being involved in a motor vehicle accident because of
1864functional limitations that affect their driving ability;
1865     (b)  Prevalence and effect of degenerative processes
1866affecting vision, hearing, mobility, cognitive functions, and
1867reaction time;
1868     (c)  Implementation and effect of the department's vision
1869screening requirements and examination of new technologies;
1870     (d)  Availability and effectiveness of remedial measures
1871such as skills training, adaptive equipment, physical therapy,
1872and adjustment of driving practices that will allow people to
1873drive safely for as long as possible;
1874     (e)  Availability of alternative forms of transportation
1875for people who can no longer safely drive; and
1876     (f)  Effectiveness of existing public education initiatives
1877relating to at-risk drivers.
1878     (3)  The department shall report the results of the study
1879to the President of the Senate and the Speaker of the House of
1880Representatives by February 1, 2004. The report shall include
1881findings of the study and recommendations for improving the
1882safety of at-risk drivers.
1883     (4)  The department shall appoint an advisory council to
1884participate in the study and to advise the department on issues
1885related to older at-risk drivers on an ongoing basis. The
1886council shall be known as the Florida At-Risk Driver Council.
1887Members of the council shall include representatives of
1888organizations involved with issues facing older drivers
1889including state agencies, medical professionals, senior citizen
1890advocacy groups, providers of services to senior citizens, and
1891research entities.
1892     Section 56.  Paragraph (c) of subsection (7) of section
1893322.251, Florida Statutes, is amended to read:
1894     322.251  Notice of cancellation, suspension, revocation, or
1895disqualification of license.--
1896     (7)
1897     (c)  The Department of Highway Safety and Motor Vehicles
1898and the Department of Law Enforcement shall develop and
1899implement a plan to ensure the identification of any person who
1900is the subject of an outstanding warrant or capias for passing
1901worthless bank checks and to ensure the identification of the
1902person's driver's license record.
1903     Section 57.  Subsections (4) and (11) of section 365.171,
1904Florida Statutes, are amended to read:
1905     365.171  Emergency telephone number "911."--
1906     (4)  STATE PLAN.--The office shall develop a statewide
1907emergency telephone number "911" system plan. The plan shall
1908provide for:
1909     (a)  The establishment of the public agency emergency
1910telephone communications requirements for each entity of local
1911government in the state.
1912     (b)  A system to meet specific local government
1913requirements. Such system shall include law enforcement,
1914firefighting, and emergency medical services and may include
1915other emergency services such as poison control, suicide
1916prevention, and emergency management services.
1917     (c)  Identification of the mutual aid agreements necessary
1918to obtain an effective "911" system.
1919     (d)  A funding provision which shall identify the cost
1920necessary to implement the "911" system.
1921     (e)  A firm implementation schedule which shall include the
1922installation of the "911" system in a local community within 24
1923months after the designated agency of the local government gives
1924a firm order to the telephone utility for a "911" system.
1925
1926The office shall be responsible for the implementation and
1927coordination of the such plan and. The office shall adopt any
1928necessary rules and schedules related to public agencies for the
1929purpose of implementing and coordinating the such plan, pursuant
1930to chapter 120. The public agency designated in the plan shall
1931order such system within 6 months after publication date of the
1932plan if the public agency is in receipt of funds appropriated by
1933the Legislature for the implementation and maintenance of the
1934"911" system. Any jurisdiction which has utilized local funding
1935as of July 1, 1976, to begin the implementation of the state
1936plan as set forth in this section shall be eligible for at least
1937a partial reimbursement of its direct cost when, and if, state
1938funds are available for such reimbursement.
1939     (11)  EXISTING EMERGENCY TELEPHONE SERVICE.--Any emergency
1940telephone number established by any local government or state
1941agency prior to July 1, 1974, using a number other than "911"
1942shall be changed to "911" on the same implementation schedule
1943provided in paragraph (4)(e).
1944     Section 58.  Paragraph (d) of subsection (6) of section
1945365.172, Florida Statutes, is amended to read:
1946     365.172  Wireless emergency telephone number "E911."--
1947     (6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1948     (d)  By February 28, 2001, the board shall undertake and
1949complete a study for submission by the office to the Governor,
1950the President of the Senate, and the Speaker of the House of
1951Representatives which addresses:
1952     1.  The total amount of E911 fee revenues collected by each
1953provider, the total amount of expenses incurred by each provider
1954to comply with the order, and the amount of moneys on deposit in
1955the fund, all as of December 1, 2000.
1956     2.  Whether the amount of the E911 fee and the allocation
1957percentages set forth in s. 365.173 should be adjusted to comply
1958with the requirements of the order, and, if so, a recommended
1959adjustment to the E911 fee.
1960     3.  Any other issues related to providing wireless E911
1961services.
1962     Section 59.  Paragraph (a) of subsection (2) of section
1963365.173, Florida Statutes, is amended to read:
1964     365.173  Wireless Emergency Telephone System Fund.--
1965     (2)  Subject to any modifications approved by the board
1966pursuant to s. 365.172(8)(c), the moneys in the fund shall be
1967distributed and used only as follows:
1968     (a)  Forty-four percent of the moneys shall be distributed
1969each month to counties, based on the total number of wireless
1970subscriber billing addresses in each county, for payment of:
1971     1.  Recurring costs of providing 911 or E911 service, as
1972provided by s. 365.171(12)(13)(a)6.
1973     2.  Costs to comply with the requirements for E911 service
1974contained in the order and any future rules related to the
1975order.
1976
1977A county may carry forward, for up to 3 successive calendar
1978years, up to 30 percent of the total funds disbursed to the
1979county by the board during a calendar year for expenditures for
1980capital outlay, capital improvements, or equipment replacement,
1981if such expenditures are made for the purposes specified in this
1982paragraph.
1983
1984The Legislature recognizes that the wireless E911 fee authorized
1985under s. 365.172 will not necessarily provide the total funding
1986required for establishing or providing the 911 service. It is
1987the intent of the Legislature that all revenue from the fee be
1988used as specified in s. 365.171(13)(a)6.
1989     Section 60.  Subsection (4) of section 366.82, Florida
1990Statutes, is amended to read:
1991     366.82  Definition; goals; plans; programs; annual reports;
1992energy audits.--
1993     (4)  The commission shall require periodic reports from
1994each utility and shall provide the Legislature and the Governor
1995with an annual report by March 1 of the goals it has adopted and
1996its progress toward meeting those goals. The commission shall
1997also consider the performance of each utility pursuant to ss.
1998366.80-366.85 and 403.519 when establishing rates for those
1999utilities over which the commission has ratesetting authority.
2000     Section 61.  Subsections (5) and (7) of section 369.22,
2001Florida Statutes, are amended to read:
2002     369.22  Nonindigenous aquatic plant control.--
2003     (5)  When state funds are involved, or when waters of state
2004responsibility are involved, it is the duty of the department to
2005guide, review, approve, and coordinate the activities of all
2006public bodies, authorities, state agencies, units of local or
2007county government, commissions, districts, and special districts
2008engaged in operations to maintain, control, or eradicate
2009nonindigenous aquatic plants, except for activities involving
2010biological control programs using fish as the control agent. The
2011department may delegate all or part of such functions to any
2012appropriate state agency, special district, unit of local or
2013county government, commission, authority, or other public body.
2014However, special attention shall be given to the keeping of
2015accounting and cost data in order to prepare the annual fiscal
2016report required in subsection (7).
2017     (7)  The department shall prepare submit an annual report
2018on the status of the nonindigenous aquatic plant maintenance
2019program that shall be published on the department's Internet
2020website to the President of the Senate, the Speaker of the House
2021of Representatives, and the Governor and Cabinet by January 1 of
2022the following year. This report shall include a statement of the
2023degree of maintenance control achieved by individual
2024nonindigenous aquatic plant species in the intercounty waters of
2025each of the water management districts for the preceding county
2026fiscal year, together with an analysis of the costs of achieving
2027this degree of control. This cost accounting shall include the
2028expenditures by all governmental agencies in the waters of state
2029responsibility. If the level of maintenance control achieved
2030falls short of that which is deemed adequate by the department,
2031then the report shall include an estimate of the additional
2032funding that would have been required to achieve this level of
2033maintenance control. All measures of maintenance program
2034achievement and the related cost shall be presented by water
2035management districts so that comparisons may be made among the
2036water management districts, as well as with the state as a
2037whole.
2038     Section 62.  Subsection (8) of section 370.26, Florida
2039Statutes, is amended to read:
2040     370.26  Aquaculture definitions; marine aquaculture
2041products, producers, and facilities.--
2042     (8)  The Fish and Wildlife Conservation Commission shall
2043provide assistance to the Department of Agriculture and Consumer
2044Services in the development of an aquaculture plan for the
2045state.
2046     Section 63.  Subsection (2) of section 372.5712, Florida
2047Statutes, is amended to read:
2048     372.5712  Florida waterfowl permit revenues.--
2049     (2)  The intent of this section is to expand waterfowl
2050research and management and increase waterfowl populations in
2051the state without detracting from other programs. The commission
2052shall prepare and make available on its Internet website an
2053annual report documenting the use of funds generated under the
2054provisions of this section, to be submitted to the Governor, the
2055Speaker of the House of Representatives, and the President of
2056the Senate on or before September 1 of each year.
2057     Section 64.  Subsection (2) of section 372.5715, Florida
2058Statutes, is amended to read:
2059     372.5715  Florida wild turkey permit revenues.--
2060     (2)  The intent of this section is to expand wild turkey
2061research and management and to increase wild turkey populations
2062in the state without detracting from other programs. The
2063commission shall prepare and make available on its Internet
2064website an annual report documenting the use of funds generated
2065under the provisions of this section, to be submitted to the
2066Governor, the Speaker of the House of Representatives, and the
2067President of the Senate on or before September 1 of each year.
2068     Section 65.  Section 372.673, Florida Statutes, is
2069repealed.
2070     Section 66.  Section 372.674, Florida Statutes, is
2071repealed.
2072     Section 67.  Paragraph (d) of subsection (2) of section
2073372.672, Florida Statutes, is amended to read:
2074     372.672  Florida Panther Research and Management Trust
2075Fund.--
2076     (2)  Money from the fund shall be spent only for the
2077following purposes:
2078     (d)  To fund and administer education programs authorized
2079in s. 372.674.
2080     Section 68.  Subsection (2) of section 373.0391, Florida
2081Statutes, is amended to read:
2082     373.0391  Technical Assistance to local governments.--
2083     (2)  By July 1, 1991, Each water management district shall
2084prepare and provide information and data to assist local
2085governments in the preparation and implementation of their local
2086government comprehensive plans or public facilities report as
2087required by s. 189.415, whichever is applicable. Such
2088information and data shall include, but not be limited to:
2089     (a)  All information and data required in a public
2090facilities report pursuant to s. 189.415.
2091     (b)  A description of regulations, programs, and schedules
2092implemented by the district.
2093     (c)  Identification of regulations, programs, and schedules
2094undertaken or proposed by the district to further the State
2095Comprehensive Plan.
2096     (d)  A description of surface water basins, including
2097regulatory jurisdictions, flood-prone areas, existing and
2098projected water quality in water management district operated
2099facilities, as well as surface water runoff characteristics and
2100topography regarding flood plains, wetlands, and recharge areas.
2101     (e)  A description of groundwater characteristics,
2102including existing and planned wellfield sites, existing and
2103anticipated cones of influence, highly productive groundwater
2104areas, aquifer recharge areas, deep well injection zones,
2105contaminated areas, an assessment of regional water resource
2106needs and sources for the next 20 years, and water quality.
2107     (f)  The identification of existing and potential water
2108management district land acquisitions.
2109     (g)  Information reflecting the minimum flows for surface
2110watercourses to avoid harm to water resources or the ecosystem
2111and information reflecting the minimum water levels for aquifers
2112to avoid harm to water resources or the ecosystem.
2113     Section 69.  Subsection (4) of section 373.046, Florida
2114Statutes, is amended to read:
2115     373.046  Interagency agreements.--
2116     (4)  The Legislature recognizes and affirms the division of
2117responsibilities between the department and the water management
2118districts as set forth in ss. III. and X. of each of the
2119operating agreements codified as rules 17-101.040(12)(a)3., 4.,
2120and 5., Florida Administrative Code. Section IV.A.2.a. of each
2121operating agreement regarding individual permit oversight is
2122rescinded. The department shall be responsible for permitting
2123those activities under part IV of this chapter which, because of
2124their complexity and magnitude, need to be economically and
2125efficiently evaluated at the state level, including, but not
2126limited to, mining, hazardous waste management facilities and
2127solid waste management facilities that do not qualify for a
2128general permit under chapter 403. With regard to
2129postcertification information submittals for activities
2130authorized under chapters 341 and 403 siting act certifications,
2131the department, after consultation with the appropriate water
2132management district and other agencies having applicable
2133regulatory jurisdiction, shall be responsible for determining
2134the permittee's compliance with conditions of certification
2135which were based upon the nonprocedural requirements of part IV
2136of this chapter. The Legislature authorizes the water management
2137districts and the department to modify the division of
2138responsibilities referenced in this section and enter into
2139further interagency agreements by rulemaking, including
2140incorporation by reference, pursuant to chapter 120, to provide
2141for greater efficiency and to avoid duplication in the
2142administration of part IV of this chapter by designating certain
2143activities which will be regulated by either the water
2144management districts or the department. In developing such
2145interagency agreements, the water management districts and the
2146department should take into consideration the technical and
2147fiscal ability of each water management district to implement
2148all or some of the provisions of part IV of this chapter.
2149Nothing herein rescinds or restricts the authority of the
2150districts to regulate silviculture and agriculture pursuant to
2151part IV of this chapter or s. 403.927. By December 10, 1993, the
2152secretary of the department shall submit a report to the
2153President of the Senate and the Speaker of the House of
2154Representatives regarding the efficiency of the procedures and
2155the division of responsibilities contemplated by this subsection
2156and regarding progress toward the execution of further
2157interagency agreements and the integration of permitting with
2158sovereignty lands approval. The report also will consider the
2159feasibility of improving the protection of the environment
2160through comprehensive criteria for protection of natural
2161systems.
2162     Section 70.  Paragraph (f) of subsection (1) of section
2163373.1963, Florida Statutes, is amended to read:
2164     373.1963  Assistance to West Coast Regional Water Supply
2165Authority.--
2166     (1)  It is the intent of the Legislature to authorize the
2167implementation of changes in governance recommended by the West
2168Coast Regional Water Supply Authority in its reports to the
2169Legislature dated February 1, 1997, and January 5, 1998. The
2170authority and its member governments may reconstitute the
2171authority's governance and rename the authority under a
2172voluntary interlocal agreement with a term of not less than 20
2173years. The interlocal agreement must comply with this subsection
2174as follows:
2175     (f)  Upon execution of the voluntary interlocal agreement
2176provided for herein, the authority shall jointly develop with
2177the Southwest Florida Water Management District alternative
2178sources of potable water and transmission pipelines to
2179interconnect regionally significant water supply sources and
2180facilities of the authority in amounts sufficient to meet the
2181needs of all member governments for a period of at least 20
2182years and for natural systems. Nothing herein, however, shall
2183preclude the authority and its member governments from
2184developing traditional water sources pursuant to the voluntary
2185interlocal agreement. Development and construction costs for
2186alternative source facilities, which may include a desalination
2187facility and significant regional interconnects, must be borne
2188as mutually agreed to by both the authority and the Southwest
2189Florida Water Management District. Nothing herein shall preclude
2190authority or district cost sharing with private entities for the
2191construction or ownership of alternative source facilities. By
2192December 31, 1997, the authority and the Southwest Florida Water
2193Management District shall:
2194     1.  Enter into a mutually acceptable agreement detailing
2195the development and implementation of directives contained in
2196this paragraph; or
2197     2.  Jointly prepare and submit to the President of the
2198Senate and the Speaker of the House of Representatives a report
2199describing the progress made and impediments encountered in
2200their attempts to implement the water resource development and
2201water supply development directives contained in this paragraph.
2202
2203Nothing in this section shall be construed to modify the rights
2204or responsibilities of the authority or its member governments,
2205except as otherwise provided herein, or of the Southwest Florida
2206Water Management District or the department pursuant to this
2207chapter or chapter 403 and as otherwise set forth by statutes.
2208     Section 71.  Subsection (14) of section 376.121, Florida
2209Statutes, is amended to read:
2210     376.121  Liability for damage to natural resources.--The
2211Legislature finds that extensive damage to the state's natural
2212resources is the likely result of a pollutant discharge and that
2213it is essential that the state adequately assess and recover the
2214cost of such damage from responsible parties. It is the state's
2215goal to recover the costs of restoration from the responsible
2216parties and to restore damaged natural resources to their
2217predischarge condition. In many instances, however, restoration
2218is not technically feasible. In such instances, the state has
2219the responsibility to its citizens to recover the cost of all
2220damage to natural resources. To ensure that the public does not
2221bear a substantial loss as a result of the destruction of
2222natural resources, the procedures set out in this section shall
2223be used to assess the cost of damage to such resources. Natural
2224resources include coastal waters, wetlands, estuaries, tidal
2225flats, beaches, lands adjoining the seacoasts of the state, and
2226all living things except human beings. The Legislature
2227recognizes the difficulty historically encountered in
2228calculating the value of damaged natural resources. The value of
2229certain qualities of the state's natural resources is not
2230readily quantifiable, yet the resources and their qualities have
2231an intrinsic value to the residents of the state, and any damage
2232to natural resources and their qualities should not be dismissed
2233as nonrecoverable merely because of the difficulty in
2234quantifying their value. In order to avoid unnecessary
2235speculation and expenditure of limited resources to determine
2236these values, the Legislature hereby establishes a schedule for
2237compensation for damage to the state's natural resources and the
2238quality of said resources.
2239     (14)  The department must review the amount of compensation
2240assessed pursuant to the damage assessment formula established
2241in this section and report its findings to the 1995 Legislature.
2242Thereafter, the department must conduct such a review and report
2243its findings to the Legislature biennially.
2244     Section 72.  Section 376.17, Florida Statutes, is repealed.
2245     Section 73.  Subsection (5) of section 376.30713, Florida
2246Statutes, is amended to read:
2247     376.30713  Preapproved advanced cleanup.--
2248     (5)  By December 31, 1998, the department shall submit a
2249report to the Governor, the President of the Senate, and the
2250Speaker of the House of Representatives on the progress and
2251level of activity under the provisions of this section. The
2252report shall include the following information:
2253     (a)  A list of sites under a preapproved advanced cleanup
2254contract, to be identified by the facility number.
2255     (b)  The total number of preapproved advanced cleanup
2256applications submitted to the department.
2257     (c)  The priority ranking scores of each participating
2258site.
2259     (d)  The total amount of contract work authorized and
2260conducted for each site and the percentage and amount of cost
2261share.
2262     (e)  The total revenues received under the provisions of
2263this section.
2264     (f)  The annual costs of administering the provisions of
2265this section.
2266     (g)  The recommended annual budget for the provisions of
2267this section.
2268     Section 74.  Paragraph (f) of subsection (3) of section
2269377.703, Florida Statutes, is amended to read:
2270     377.703  Additional functions of the Department of
2271Environmental Protection; energy emergency contingency plan;
2272federal and state conservation programs.--
2273     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
2274Department of Environmental Protection shall, in addition to
2275assuming the duties and responsibilities provided by ss. 20.255
2276and 377.701, perform the following functions consistent with the
2277development of a state energy policy:
2278     (f)  The department shall make a report, as requested by
2279the Governor or the Legislature, reflecting its activities and
2280making recommendations of policies for improvement of the
2281state's response to energy supply and demand and its effect on
2282the health, safety, and welfare of the people of Florida. The
2283report shall include a report from the Florida Public Service
2284Commission on electricity and natural gas and information on
2285energy conservation programs conducted and under way in the past
2286year and shall include recommendations for energy conservation
2287programs for the state, including, but not limited to, the
2288following factors:
2289     1.  Formulation of specific recommendations for improvement
2290in the efficiency of energy utilization in governmental,
2291residential, commercial, industrial, and transportation sectors.
2292     2.  Collection and dissemination of information relating to
2293energy conservation.
2294     3.  Development and conduct of educational and training
2295programs relating to energy conservation.
2296     4.  An analysis of the ways in which state agencies are
2297seeking to implement s. 377.601(4), the state energy policy, and
2298recommendations for better fulfilling this policy.
2299     Section 75.  Subsection (3) of section 380.0677, Florida
2300Statutes, is amended to read:
2301     380.0677  Green Swamp Land Authority.--
2302     (3)  POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED
2303ACQUISITIONS.--The Green Swamp Land Authority shall have all the
2304powers pursuant to s. 380.0666, except that it may not issue
2305bonds and must annually submit its budget to the Governor and
2306the Legislature for review. In addition, the authority must
2307annually submit a list of proposed acquisitions to the Governor
2308for review and approval. The Governor may remove proposed
2309acquisitions from the list, with cause, if the Governor
2310determines such acquisitions would not further the mission of
2311the authority. By September 5 of the fiscal year in which the
2312authority's budget is submitted, the chairpersons of the
2313appropriations committees of the Senate and the House of
2314Representatives may transmit to the Governor and the authority
2315comments on and objections to the proposed budget. The Governor
2316shall respond in writing to the comments and objections.
2317     Section 76.  Paragraph (b) of subsection (11) of section
2318259.041, Florida Statutes, is amended to read:
2319     259.041  Acquisition of state-owned lands for preservation,
2320conservation, and recreation purposes.--
2321     (11)
2322     (b)  All project applications shall identify, within their
2323acquisition plans, those projects which require a full fee
2324simple interest to achieve the public policy goals, together
2325with the reasons full title is determined to be necessary. The
2326state agencies and the water management districts may use
2327alternatives to fee simple acquisition to bring the remaining
2328projects in their acquisition plans under public protection. For
2329the purposes of this subsection, the term "alternatives to fee
2330simple acquisition" includes, but is not limited to: purchase of
2331development rights; obtaining conservation easements; obtaining
2332flowage easements; purchase of timber rights, mineral rights, or
2333hunting rights; purchase of agricultural interests or
2334silvicultural interests; entering into land protection
2335agreements as defined in s. 380.0677(3)(4); fee simple
2336acquisitions with reservations; creating life estates; or any
2337other acquisition technique which achieves the public policy
2338goals listed in paragraph (a). It is presumed that a private
2339landowner retains the full range of uses for all the rights or
2340interests in the landowner's land which are not specifically
2341acquired by the public agency. The lands upon which hunting
2342rights are specifically acquired pursuant to this paragraph
2343shall be available for hunting in accordance with the management
2344plan or hunting regulations adopted by the Florida Fish and
2345Wildlife Conservation Commission, unless the hunting rights are
2346purchased specifically to protect activities on adjacent lands.
2347     Section 77.  Paragraph (c) of subsection (3) of section
2348259.101, Florida Statutes, is amended to read:
2349     259.101  Florida Preservation 2000 Act.--
2350     (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
2351costs of issuance, the costs of funding reserve accounts, and
2352other costs with respect to the bonds, the proceeds of bonds
2353issued pursuant to this act shall be deposited into the Florida
2354Preservation 2000 Trust Fund created by s. 375.045. In fiscal
2355year 2000-2001, for each Florida Preservation 2000 program
2356described in paragraphs (a)-(g), that portion of each program's
2357total remaining cash balance which, as of June 30, 2000, is in
2358excess of that program's total remaining appropriation balances
2359shall be redistributed by the department and deposited into the
2360Save Our Everglades Trust Fund for land acquisition. For
2361purposes of calculating the total remaining cash balances for
2362this redistribution, the Florida Preservation 2000 Series 2000
2363bond proceeds, including interest thereon, and the fiscal year
23641999-2000 General Appropriations Act amounts shall be deducted
2365from the remaining cash and appropriation balances,
2366respectively. The remaining proceeds shall be distributed by the
2367Department of Environmental Protection in the following manner:
2368     (c)  Ten percent to the Department of Community Affairs to
2369provide land acquisition grants and loans to local governments
2370through the Florida Communities Trust pursuant to part III of
2371chapter 380. From funds allocated to the trust, $3 million
2372annually shall be used by the Division of State Lands within the
2373Department of Environmental Protection to implement the Green
2374Swamp Land Protection Initiative specifically for the purchase
2375of conservation easements, as defined in s. 380.0677(3)(4), of
2376lands, or severable interests or rights in lands, in the Green
2377Swamp Area of Critical State Concern. From funds allocated to
2378the trust, $3 million annually shall be used by the Monroe
2379County Comprehensive Plan Land Authority specifically for the
2380purchase of any real property interest in either those lands
2381subject to the Rate of Growth Ordinances adopted by local
2382governments in Monroe County or those lands within the boundary
2383of an approved Conservation and Recreation Lands project located
2384within the Florida Keys or Key West Areas of Critical State
2385Concern; however, title to lands acquired within the boundary of
2386an approved Conservation and Recreation Lands project may, in
2387accordance with an approved joint acquisition agreement, vest in
2388the Board of Trustees of the Internal Improvement Trust Fund. Of
2389the remaining funds allocated to the trust after the above
2390transfers occur, one-half shall be matched by local governments
2391on a dollar-for-dollar basis. To the extent allowed by federal
2392requirements for the use of bond proceeds, the trust shall
2393expend Preservation 2000 funds to carry out the purposes of part
2394III of chapter 380.
2395
2396Local governments may use federal grants or loans, private
2397donations, or environmental mitigation funds, including
2398environmental mitigation funds required pursuant to s. 338.250,
2399for any part or all of any local match required for the purposes
2400described in this subsection. Bond proceeds allocated pursuant
2401to paragraph (c) may be used to purchase lands on the priority
2402lists developed pursuant to s. 259.035. Title to lands purchased
2403pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
2404vested in the Board of Trustees of the Internal Improvement
2405Trust Fund. Title to lands purchased pursuant to paragraph (c)
2406may be vested in the Board of Trustees of the Internal
2407Improvement Trust Fund. The board of trustees shall hold title
2408to land protection agreements and conservation easements that
2409were or will be acquired pursuant to s. 380.0677, and the
2410Southwest Florida Water Management District and the St. Johns
2411River Water Management District shall monitor such agreements
2412and easements within their respective districts until the state
2413assumes this responsibility.
2414     Section 78.  Subsection (3) of section 381.0011, Florida
2415Statutes, is amended to read:
2416     381.0011  Duties and powers of the Department of
2417Health.--It is the duty of the Department of Health to:
2418     (3)  Include in the department's strategic plan developed
2419under s. 186.021 a summary of all aspects of the public health
2420mission and health status objectives to direct the use of public
2421health resources with an emphasis on prevention.
2422     Section 79.  Section 381.0036, Florida Statutes, is
2423repealed.
2424     Section 80.  Section 381.732, Florida Statutes, is amended
2425to read:
2426     381.732  Short title; Healthy Communities, Healthy People
2427Act.--This section and ss. 381.733 and 381.734 Sections 381.731-
2428381.731-381.734 may be cited as the "Healthy Communities,
2429Healthy People Act."
2430     Section 81.  Section 381.733, Florida Statutes, is amended
2431to read:
2432     381.733  Definitions relating to Healthy Communities,
2433Healthy People Act.--As used in ss. 381.732-381.734 381.731-
2434381.731-381.734, the term:
2435     (1)  "Department" means the Department of Health.
2436     (2)  "Primary prevention" means interventions directed
2437toward healthy populations with a focus on avoiding disease
2438prior to its occurrence.
2439     (3)  "Secondary prevention" means interventions designed to
2440promote the early detection and treatment of diseases and to
2441reduce the risks experienced by at-risk populations.
2442     (4)  "Tertiary prevention" means interventions directed at
2443rehabilitating and minimizing the effects of disease in a
2444chronically ill population.
2445     Section 82.  Section 381.795, Florida Statutes, is amended
2446to read:
2447     381.795  Long-term community-based supports.--The
2448department shall, contingent upon specific appropriations for
2449these purposes, establish:
2450     (1)  Study the long-term needs for community-based supports
2451and services for individuals who have sustained traumatic brain
2452or spinal cord injuries. The purpose of this study is to prevent
2453inappropriate residential and institutional placement of these
2454individuals, and promote placement in the most cost effective
2455and least restrictive environment. Any placement recommendations
2456for these individuals shall ensure full utilization of and
2457collaboration with other state agencies, programs, and community
2458partners. This study shall be submitted to the Governor, the
2459President of the Senate, and the Speaker of the House of
2460Representatives not later than December 31, 2000.
2461     (2)  Based upon the results of this study, establish a plan
2462for the implementation of a program of long-term community-based
2463supports and services for individuals who have sustained
2464traumatic brain or spinal cord injuries who may be subject to
2465inappropriate residential and institutional placement as a
2466direct result of such injuries.
2467     (1)(a)  The program shall be payor of last resort for
2468program services, and expenditures for such services shall be
2469considered funded services for purposes of s. 381.785; however,
2470notwithstanding s. 381.79(5), proceeds resulting from this
2471section subsection shall be used solely for this program.
2472     (2)(b)  The department shall create, by rule, procedures to
2473ensure, that in the event the program is unable to directly or
2474indirectly provide such services to all eligible individuals due
2475to lack of funds, those individuals most at risk to suffer the
2476greatest harm from an imminent inappropriate residential or
2477institutional placement are served first.
2478     (3)(c)  Every applicant or recipient of the long-term
2479community-based supports and services program shall have been a
2480resident of the state for 1 year immediately preceding
2481application and be a resident of the state at the time of
2482application.
2483     (4)(d)  The department shall adopt rules pursuant to ss.
2484120.536(1) and 120.54 to implement the provision of this section
2485subsection.
2486     Section 83.  Paragraph (a) of subsection (7) of section
2487381.90, Florida Statutes, is amended to read:
2488     381.90  Health Information Systems Council; legislative
2489intent; creation, appointment, duties.--
2490     (7)  The council's duties and responsibilities include, but
2491are not limited to, the following:
2492     (a)  By June 1 of each year, to develop and approve a
2493strategic plan pursuant to the requirements set forth in s.
2494186.022.
2495     Section 84.  Section 381.931, Florida Statutes, is amended
2496to read:
2497     381.931  Annual report on Medicaid expenditures;
2498monitoring; limiting screenings.--The Department of Health and
2499the Agency for Health Care Administration shall monitor the
2500total Medicaid expenditures for services made under this act. If
2501Medicaid expenditures are projected to exceed the amount
2502appropriated by the Legislature, the Department of Health shall
2503limit the number of screenings to ensure Medicaid expenditures
2504do not exceed the amount appropriated. The Department of Health,
2505in cooperation with the Agency for Health Care Administration,
2506shall prepare an annual report that must include the number of
2507women screened; the percentage of positive and negative
2508outcomes; the number of referrals to Medicaid and other
2509providers for treatment services; the estimated number of women
2510who are not screened or not served by Medicaid due to funding
2511limitations, if any; the cost of Medicaid treatment services;
2512and the estimated cost of treatment services for women who were
2513not screened or referred for treatment due to funding
2514limitations. The report shall be submitted to the President of
2515the Senate, the Speaker of the House of Representatives, and the
2516Executive Office of the Governor by March 1 of each year.
2517     Section 85.  Subsection (6) of section 383.19, Florida
2518Statutes, is amended to read:
2519     383.19  Standards; funding; ineligibility.--
2520     (6)  Each hospital which contracts with the department to
2521provide services under the terms of ss. 383.15-383.21 shall
2522prepare and submit to the department an annual report that
2523includes, but is not limited to, the number of clients served
2524and the costs of services in the center. The department shall
2525annually conduct a programmatic and financial evaluation of each
2526center.
2527     Section 86.  Section 383.21, Florida Statutes, is repealed.
2528     Section 87.  Section 383.2161, Florida Statutes, is amended
2529to read:
2530     383.2161  Maternal and child health report.--The Department
2531of Health annually shall annually compile and analyze the risk
2532information collected by the Office of Vital Statistics and the
2533district prenatal and infant care coalitions and shall maintain
2534county and statewide data on prepare and submit to the
2535Legislature by January 2 a report that includes, but is not
2536limited to:
2537     (1)  The number of families identified as families at
2538potential risk.;
2539     (2)  The number of families that receive family outreach
2540services.;
2541     (3)  The increase in demand for services.; and
2542     (4)  The unmet need for services for identified target
2543groups.
2544     Section 88.  Subsection (6) of section 384.25, Florida
2545Statutes, is amended to read:
2546     384.25  Reporting required.--
2547     (6)  The department shall by February 1 of each year submit
2548to the Legislature an annual report relating to all information
2549obtained pursuant to this section.
2550     Section 89.  Subsection (4) of section 394.4573, Florida
2551Statutes, is amended to read:
2552     394.4573  Continuity of care management system; measures of
2553performance; reports.--
2554     (4)  The department is directed to submit a report to the
2555Legislature, prior to April 1 of each year, outlining
2556departmental progress towards the implementation of the minimum
2557staffing patterns' standards in state mental health treatment
2558facilities. The report shall contain, by treatment facility,
2559information regarding goals and objectives and departmental
2560performance toward meeting each such goal and objective.
2561     Section 90.  Subsection (1) of section 394.4985, Florida
2562Statutes, is amended to read:
2563     394.4985  Districtwide information and referral network;
2564implementation.--
2565     (1)  Each service district of the Department of Children
2566and Family Services shall develop a detailed implementation plan
2567for a districtwide comprehensive child and adolescent mental
2568health information and referral network to be operational by
2569July 1, 1999. The plan must include an operating budget that
2570demonstrates cost efficiencies and identifies funding sources
2571for the district information and referral network. The plan must
2572be submitted by the department to the Legislature by October 1,
25731998. The district shall use existing district information and
2574referral providers if, in the development of the plan, it is
2575concluded that these providers would deliver information and
2576referral services in a more efficient and effective manner when
2577compared to other alternatives. The district information and
2578referral network must include:
2579     (a)  A resource file that contains information about the
2580child and adolescent mental health services as described in s.
2581394.495, including, but not limited to:
2582     1.  Type of program;
2583     2.  Hours of service;
2584     3.  Ages of persons served;
2585     4.  Program description;
2586     5.  Eligibility requirements; and
2587     6.  Fees.
2588     (b)  Information about private providers and professionals
2589in the community which serve children and adolescents with an
2590emotional disturbance.
2591     (c)  A system to document requests for services that are
2592received through the network referral process, including, but
2593not limited to:
2594     1.  Number of calls by type of service requested;
2595     2.  Ages of the children and adolescents for whom services
2596are requested; and
2597     3.  Type of referral made by the network.
2598     (d)  The ability to share client information with the
2599appropriate community agencies.
2600     (e)  The submission of an annual report to the department,
2601the Agency for Health Care Administration, and appropriate local
2602government entities, which contains information about the
2603sources and frequency of requests for information, types and
2604frequency of services requested, and types and frequency of
2605referrals made.
2606     Section 91.  Section 394.75, Florida Statutes, is amended
2607to read:
2608     394.75  State and district substance abuse and mental
2609health plans.--
2610     (1)(a)  Every 3 years, beginning in 2001, The department,
2611in consultation with the Medicaid program in the Agency for
2612Health Care Administration and the Florida Substance Abuse and
2613Mental Health Corporation, shall prepare a state master plan for
2614the delivery and financing of a system of publicly funded,
2615community-based substance abuse and mental health services
2616throughout the state. The state plan must include:
2617     (b)  The initial plan must include an assessment of the
2618clinical practice guidelines and standards for community-based
2619mental health and substance abuse services delivered by persons
2620or agencies under contract with the Department of Children and
2621Family Services. The assessment must include an inventory of
2622current clinical guidelines and standards used by persons and
2623agencies under contract with the department, and by nationally
2624recognized accreditation organizations, to address the quality
2625of care and must specify additional clinical practice standards
2626and guidelines for new or existing services and programs.
2627     (a)(c)  Proposed The plan must propose changes in
2628department policy or statutory revisions to strengthen the
2629quality of mental health and substance abuse treatment and
2630support services.
2631     (b)(d)  The plan must identify Strategies for meeting the
2632treatment and support needs of children, adolescents, adults,
2633and older adults who have, or are at risk of having, mental,
2634emotional, or substance abuse problems as defined in this
2635chapter or chapter 397.
2636     (c)(e)  The plan must include Input from persons who
2637represent local communities; local government entities that
2638contribute funds to the local substance abuse and mental health
2639treatment systems; consumers of publicly funded substance abuse
2640and mental health services, and their families; and stakeholders
2641interested in mental health and substance abuse services. The
2642plan must describe the means by which this local input occurred.
2643The plan shall be updated annually.
2644     (f)  The plan must include statewide policies and planning
2645parameters that will be used by the health and human services
2646boards in preparing the district substance abuse and mental
2647health plans.
2648     (g)  The district plans shall be one component of the state
2649master plan.
2650     (2)  The state master plan shall also include:
2651     (a)  A proposal for the development of a data system that
2652will evaluate the effectiveness of programs and services
2653provided to clients of the substance abuse and mental health
2654service system.
2655     (b)  A proposal to resolve the funding discrepancies
2656between districts.
2657     (d)(c)  A methodology for the allocation of resources
2658available from federal, state, and local sources and a
2659description of the current level of funding available from each
2660source.
2661     (e)(d)  A description of the statewide priorities for
2662clients and services, and each district's priorities for clients
2663and services.
2664     (e)  Recommendations for methods of enhancing local
2665participation in the planning, organization, and financing of
2666substance abuse and mental health services.
2667     (f)  A description of the current methods of contracting
2668for services, an assessment of the efficiency of these methods
2669in providing accountability for contracted funds, and
2670recommendations for improvements to the system of contracting.
2671     (f)(g)  Recommendations for improving access to services by
2672clients and their families.
2673     (h)  Guidelines and formats for the development of district
2674plans.
2675     (g)(i)  Recommendations for future directions for the
2676substance abuse and mental health service delivery system.
2677     (2)  A schedule, format, and procedure for development, and
2678review, and update of the state master plan shall be adopted by
2679the department by June of each year. The plan and annual updates
2680shall must be submitted to the Governor , the President of the
2681Senate, and the Speaker of the House of Representatives
2682beginning February 10, 2006, and every third year thereafter
2683President of the Senate and the Speaker of the House of
2684Representatives by January 1 of each year, beginning January 1,
26852001.
2686     (3)  Each The district health and human services board
2687shall prepare an integrated district substance abuse and mental
2688health plan. The plan shall be prepared and updated on a
2689schedule established by the Assistant Secretary for Substance
2690Abuse Alcohol, Drug Abuse, and Mental Health Program Office. The
2691plan shall reflect the needs and program priorities established
2692by the department and the needs of the district established
2693under ss. 394.674 and 394.675. The district plan must list in
2694order of priority the mental health and the substance abuse
2695treatment needs of the district and must rank each program
2696separately. The plan shall include:
2697     (a)  A record of the total amount of money available in the
2698district for mental health and substance abuse services.
2699     (b)  A description of each service that will be purchased
2700with state funds.
2701     (c)  A record of the amount of money allocated for each
2702service identified in the plan as being purchased with state
2703funds.
2704     (d)  A record of the total funds allocated to each
2705provider.
2706     (e)  A record of the total funds allocated to each provider
2707by type of service to be purchased with state funds.
2708     (a)(f)  Include input from community-based persons,
2709organizations, and agencies interested in substance abuse and
2710mental health treatment services; local government entities that
2711contribute funds to the public substance abuse and mental health
2712treatment systems; and consumers of publicly funded substance
2713abuse and mental health services, and their family members. The
2714plan must describe the means by which this local input occurred.
2715
2716The plan shall be submitted by the district board to the
2717district administrator and to the governing bodies for review,
2718comment, and approval.
2719     (4)  The district plan shall:
2720     (a)  Describe the publicly funded, community-based
2721substance abuse and mental health system of care, and identify
2722statutorily defined populations, their service needs, and the
2723resources available and required to meet their needs.
2724     (b)  Provide the means for meeting the needs of the
2725district's eligible clients, specified in ss. 394.674 and
2726394.675, for substance abuse and mental health services.
2727     (b)(c)  Provide a process for coordinating the delivery of
2728services within a community-based system of care to eligible
2729clients. Such process must involve service providers, clients,
2730and other stakeholders. The process must also provide a means by
2731which providers will coordinate and cooperate to strengthen
2732linkages, achieve maximum integration of services, foster
2733efficiencies in service delivery and administration, and
2734designate responsibility for outcomes for eligible clients.
2735     (c)(d)  Provide a projection of district program and fiscal
2736needs for the next fiscal year, provide for the orderly and
2737economical development of needed services, and indicate
2738priorities and resources for each population served, performance
2739outcomes, and anticipated expenditures and revenues.
2740     (e)  Include a summary budget request for the total
2741district substance abuse and mental health program, which must
2742include the funding priorities established by the district
2743planning process.
2744     (f)  Provide a basis for the district legislative budget
2745request.
2746     (g)  Include a policy and procedure for allocation of
2747funds.
2748     (h)  Include a procedure for securing local matching funds.
2749Such a procedure shall be developed in consultation with
2750governing bodies and service providers.
2751     (d)(i)  Provide for the integration of substance abuse and
2752mental health services with the other departmental programs and
2753with the criminal justice, juvenile justice, child protection,
2754school, and health care systems within the district.
2755     (j)  Provide a plan for the coordination of services in
2756such manner as to ensure effectiveness and avoid duplication,
2757fragmentation of services, and unnecessary expenditures.
2758     (e)(k)  Provide for continuity of client care between state
2759treatment facilities and community programs to assure that
2760discharge planning results in the rapid application for all
2761benefits for which a client is eligible, including Medicaid
2762coverage for persons leaving state treatment facilities and
2763returning to community-based programs.
2764     (l)  Provide for the most appropriate and economical use of
2765all existing public and private agencies and personnel.
2766     (m)  Provide for the fullest possible and most appropriate
2767participation by existing programs; state hospitals and other
2768hospitals; city, county, and state health and family service
2769agencies; drug abuse and alcoholism programs; probation
2770departments; physicians; psychologists; social workers; marriage
2771and family therapists; mental health counselors; clinical social
2772workers; public health nurses; school systems; and all other
2773public and private agencies and personnel that are required to,
2774or may agree to, participate in the plan.
2775     (n)  Include an inventory of all public and private
2776substance abuse and mental health resources within the district,
2777including consumer advocacy groups and self-help groups known to
2778the department.
2779     (4)(5)  The district plan shall address how substance abuse
2780and mental health services will be provided and how a system of
2781care for target populations will be provided given the resources
2782available in the service district. The plan must include
2783provisions for providing the most appropriate and current
2784evidence-based services for persons with substance abuse
2785disorders and mental illnesses in a variety of settings
2786maximizing client access to the most recently developed
2787psychiatric medications approved by the United States Food and
2788Drug Administration, for developing independent housing units
2789through participation in the Section 811 program operated by the
2790United States Department of Housing and Urban Development, for
2791developing supported employment services through the Division of
2792Vocational Rehabilitation of the Department of Education, for
2793providing treatment services to persons with co-occurring mental
2794illness and substance abuse problems which are integrated across
2795treatment systems, and for providing services to adults who have
2796a serious mental illness, as defined in s. 394.67, and who
2797reside in assisted living facilities.
2798     (6)  The district plan shall provide the means by which the
2799needs of the population groups specified pursuant to s. 394.674
2800will be addressed in the district.
2801     (7)  In developing the district plan, optimum use shall be
2802made of any federal, state, and local funds that may be
2803available for substance abuse and mental health service
2804planning. However, the department must provide these services
2805within legislative appropriations.
2806     (8)  The district health and human services board shall
2807establish a subcommittee to prepare the portion of the district
2808plan relating to children and adolescents. The subcommittee
2809shall include representative membership of any committee
2810organized or established by the district to review placement of
2811children and adolescents in residential treatment programs. The
2812board shall establish a subcommittee to prepare the portion of
2813the district plan which relates to adult mental health and
2814substance abuse. The subcommittee must include representatives
2815from the community who have an interest in mental health and
2816substance abuse treatment for adults.
2817     (5)(9)  All departments of state government and all local
2818public agencies shall cooperate with officials to assist them in
2819service planning. Each district administrator shall, upon
2820request and the availability of staff, provide consultative
2821services to the local agency directors and governing bodies.
2822     (10)  The district administrator shall ensure that the
2823district plan:
2824     (a)  Conforms to the priorities in the state plan, the
2825requirements of this part, and the standards adopted under this
2826part;
2827     (b)  Ensures that the most effective and economical use
2828will be made of available public and private substance abuse and
2829mental health resources in the service district; and
2830     (c)  Has adequate provisions made for review and evaluation
2831of the services provided in the service district.
2832     (11)  The district administrator shall require such
2833modifications in the district plan as he or she deems necessary
2834to bring the plan into conformance with the provisions of this
2835part. If the district board and the district administrator
2836cannot agree on the plan, including the projected budget, the
2837issues under dispute shall be submitted directly to the
2838secretary of the department for immediate resolution.
2839     (12)  Each governing body that provides local funds has the
2840authority to require necessary modification to only that portion
2841of the district plan which affects substance abuse and mental
2842health programs and services within the jurisdiction of that
2843governing body.
2844     (13)  The district administrator shall report annually to
2845the district board the status of funding for priorities
2846established in the district plan. Each report must include:
2847     (a)  A description of the district plan priorities that
2848were included in the district legislative budget request.
2849     (b)  A description of the district plan priorities that
2850were included in the departmental budget request.
2851     (c)  A description of the programs and services included in
2852the district plan priorities that were appropriated funds by the
2853Legislature in the legislative session that preceded the report.
2854     Section 92.  Section 394.82, Florida Statutes, is repealed.
2855     Section 93.  Paragraph (a) of subsection (3) of section
2856394.655, Florida Statutes, is amended to read:
2857     394.655  The Substance Abuse and Mental Health Corporation;
2858powers and duties; composition; evaluation and reporting
2859requirements.--
2860     (3)(a)  The Florida Substance Abuse and Mental Health
2861Corporation shall be responsible for oversight of the publicly
2862funded substance abuse and mental health systems and for making
2863policy and resources recommendations which will improve the
2864coordination, quality, and efficiency of the system. Subject to
2865and consistent with direction set by the Legislature, the
2866corporation shall exercise the following responsibilities:
2867     1.  Review and assess the collection and analysis of needs
2868assessment data as described in s. 394.82.
2869     1.2.  Review and assess the status of the publicly funded
2870mental health and substance abuse systems and recommend policy
2871designed to improve coordination and effectiveness.
2872     2.3.  Provide mechanisms for substance abuse and mental
2873health stakeholders, including consumers, family members,
2874providers, and advocates to provide input concerning the
2875management of the overall system.
2876     3.4.  Recommend priorities for service expansion.
2877     4.5.  Prepare budget recommendations to be submitted to the
2878appropriate departments for consideration in the development of
2879their legislative budget requests and provide copies to the
2880Governor, the President of the Senate, and the Speaker of the
2881House of Representatives for their consideration.
2882     5.6.  Review data regarding the performance of the publicly
2883funded substance abuse and mental health systems.
2884     6.7.  Make recommendations concerning strategies for
2885improving the performance of the systems.
2886     7.8.  Review, assess, and forecast substance abuse and
2887mental health manpower needs and work with the department and
2888the educational system to establish policies, consistent with
2889the direction of the Legislature, which will ensure that the
2890state has the personnel it needs to continuously implement and
2891improve its services.
2892     Section 94.  Paragraph (h) of subsection (7) and subsection
2893(8) of section 394.9082, Florida Statutes, are amended to read:
2894     394.9082  Behavioral health service delivery strategies.--
2895     (7)  ESSENTIAL ELEMENTS.--
2896     (h)1.  The Department of Children and Family Services, in
2897consultation with the Agency for Health Care Administration,
2898shall prepare an amendment by October 31, 2001, to the 2001
2899master state plan required under s. 394.75(1), which describes
2900each service delivery strategy, including at least the following
2901details:
2902     a.  Operational design;
2903     b.  Counties or service districts included in each
2904strategy;
2905     c.  Expected outcomes; and
2906     d.  Timeframes.
2907     2.  The amendment shall specifically address the
2908application of each service delivery strategy to substance abuse
2909services, including:
2910     a.  The development of substance abuse service protocols;
2911     b.  Credentialing requirements for substance abuse
2912services; and
2913     c.  The development of new service models for individuals
2914with co-occurring mental health and substance abuse disorders.
2915     3.  The amendment must specifically address the application
2916of each service delivery strategy to the child welfare system,
2917including:
2918     a.  The development of service models that support working
2919with both children and their families in a community-based care
2920system and that are specific to the child welfare system.
2921     b.  A process for providing services to abused and
2922neglected children and their families as indicated in court-
2923ordered case plans.
2924     (8)  EXPANSION IN DISTRICTS 4 AND 12.--The department shall
2925work with community agencies to establish a single managing
2926entity for districts 4 and 12 accountable for the delivery of
2927substance abuse services to child protective services recipients
2928in the two districts. The purpose of this strategy is to enhance
2929the coordination of substance abuse services with community-
2930based care agencies and the department. The department shall
2931work with affected stakeholders to develop and implement a plan
2932that allows the phase-in of services beginning with the delivery
2933of substance abuse services, with phase-in of subsequent
2934substance abuse services agreed upon by the managing entity and
2935authorized by the department, providing the necessary technical
2936assistance to assure provider and district readiness for
2937implementation. When a single managing entity is established and
2938meets readiness requirements, the department may enter into a
2939noncompetitive contract with the entity. The department shall
2940maintain detailed information on the methodology used for
2941selection and a justification for the selection. Performance
2942objectives shall be developed which ensure that services that
2943are delivered directly affect and complement the child's
2944permanency plan. During the initial planning and implementation
2945phase of this project, the requirements in subsections (6) and
2946(7) are waived. Considering the critical substance abuse
2947problems experienced by many families in the child protection
2948system, the department shall initiate the implementation of the
2949substance abuse delivery component of this program without delay
2950and furnish status reports to the appropriate substantive
2951committees of the Senate and the House of Representatives no
2952later than February 29, 2004, and February 28, 2005. The
2953integration of all services agreed upon by the managing entity
2954and authorized by the department must be completed within 2
2955years after project initiation. Ongoing monitoring and
2956evaluation of this strategy shall be conducted in accordance
2957with subsection (9).
2958     Section 95.  Section 394.9083, Florida Statutes, is
2959repealed.
2960     Section 96.  Paragraph (c) of subsection (2) of section
2961395.807, Florida Statutes, is amended to read:
2962     395.807  Retention of family practice residents.--
2963     (2)
2964     (c)  The committee shall report to the Legislature
2965annually, beginning October 1, 1995, on the retention of family
2966practice residents in the state by family practice teaching
2967hospitals. The committee shall also track and report on the
2968placement of family practice physicians in medically underserved
2969areas.
2970     Section 97.  Subsections (1) and (20) of section 397.321,
2971Florida Statutes, are amended to read:
2972     397.321  Duties of the department.--The department shall:
2973     (1)  Develop a comprehensive state plan for the provision
2974of substance abuse services. The plan must include:
2975     (a)  Identification of incidence and prevalence of problems
2976related to substance abuse.
2977     (b)  Description of current services.
2978     (c)  Need for services.
2979     (d)  Cost of services.
2980     (e)  Priorities for funding.
2981     (f)  Strategies to address the identified needs and
2982priorities.
2983     (g)  Resource planning.
2984     (20)  The department may establish in District 9, in
2985cooperation with the Palm Beach County Board of County
2986Commissioners, a pilot project to serve in a managed care
2987arrangement non-Medicaid eligible persons who qualify to receive
2988substance abuse or mental health services from the department.
2989The department may contract with a not-for-profit entity to
2990conduct the pilot project. The results of the pilot project
2991shall be reported to the district administrator, and the
2992secretary 18 months after the initiation. The department shall
2993incur no additional administrative costs for the pilot project.
2994     Section 98.  Subsection (4) of section 397.333, Florida
2995Statutes, is amended to read:
2996     397.333  Statewide Drug Policy Advisory Council.--
2997     (4)(a)  The chairperson of the advisory council shall
2998appoint workgroups that include members of state agencies that
2999are not represented on the advisory council and shall solicit
3000input and recommendations from those state agencies. In
3001addition, the chairperson may appoint workgroups as necessary
3002from among the members of the advisory council in order to
3003efficiently address specific issues. A representative of a state
3004agency appointed to any workgroup shall be the head of the
3005agency, or his or her designee. The chairperson may designate
3006lead and contributing agencies within a workgroup.
3007     (b)  The advisory council shall submit a report to the
3008Governor, the President of the Senate, and the Speaker of the
3009House of Representatives by December 1 of each year which
3010contains a summary of the work of the council during that year
3011and the recommendations required under subsection (3). Interim
3012reports may be submitted at the discretion of the chairperson of
3013the advisory council.
3014     Section 99.  Subsection (1) of section 397.94, Florida
3015Statutes, is amended to read:
3016     397.94  Children's substance abuse services; information
3017and referral network.--
3018     (1)  Each service district of the department shall develop
3019a plan for and implement a districtwide comprehensive children's
3020substance abuse information and referral network to be
3021operational by July 1, 2000.
3022     Section 100.  Paragraph (f) of subsection (2) of section
3023400.0067, Florida Statutes, is amended to read:
3024     400.0067  State Long-Term Care Ombudsman Council; duties;
3025membership.--
3026     (2)  The State Long-Term Care Ombudsman Council shall:
3027     (f)  Prepare an annual report describing the activities
3028carried out by the ombudsman, and the State Long-Term Care
3029Ombudsman Council, and the local councils in the year for which
3030the report is prepared. The State Long-Term Care Ombudsman
3031Council shall submit the report to the Secretary of Elderly
3032Affairs. The secretary shall in turn submit the report to the
3033Commissioner of the United States Administration on Aging, the
3034Governor, the President of the Senate, the Speaker of the House
3035of Representatives, the minority leaders of the House and
3036Senate, the chairpersons of appropriate House and Senate
3037committees, the Secretary of Children and Family Services, and
3038the Secretary of Health Care Administration. The report shall be
3039submitted by the Secretary of Elderly Affairs at least 30 days
3040before the convening of the regular session of the Legislature
3041and shall, at a minimum:
3042     1.  Contain and analyze data collected concerning
3043complaints about and conditions in long-term care facilities and
3044the dispositions of such complaints.
3045     2.  Evaluate the problems experienced by residents of long-
3046term care facilities.
3047     3.  Contain recommendations for improving the quality of
3048life of the residents and for protecting the health, safety,
3049welfare, and rights of the residents.
3050     4.  Analyze the success of the ombudsman program during the
3051preceding year and identify the barriers that prevent the
3052optimal operation of the program. The report of the program's
3053successes shall also include address the relationship between
3054the state long-term care ombudsman program, the Department of
3055Elderly Affairs, the Agency for Health Care Administration, and
3056the Department of Children and Family Services, and an
3057assessment of how successfully the state long-term care
3058ombudsman program has carried out its responsibilities under the
3059Older Americans Act.
3060     5.  Provide policy and regulatory and legislative
3061recommendations to solve identified problems; resolve residents'
3062complaints; improve the quality of care and life of the
3063residents; protect the health, safety, welfare, and rights of
3064the residents; and remove the barriers to the optimal operation
3065of the state long-term care ombudsman program.
3066     6.  Contain recommendations from the local ombudsman
3067councils regarding program functions and activities.
3068     7.  Include a report on the activities of the legal
3069advocate and other legal advocates acting on behalf of the local
3070and state councils.
3071     Section 101.  Subsection (3) of section 400.0075, Florida
3072Statutes, is amended to read:
3073     400.0075  Complaint resolution procedures.--
3074     (3)  The state ombudsman council shall provide, as part of
3075its annual report required pursuant to s. 400.0067(2)(f),
3076information relating to the disposition of all complaints to the
3077Department of Elderly Affairs.
3078     Section 102.  Section 400.0089, Florida Statutes, is
3079amended to read:
3080     400.0089  Complaint Agency reports.--The Office of State
3081Long-Term Care Ombudsman Department of Elderly Affairs shall
3082maintain a statewide uniform reporting system to collect and
3083analyze data relating to complaints and conditions in long-term
3084care facilities and to residents, for the purpose of identifying
3085and resolving significant problems. The department and the State
3086Long-Term Care Ombudsman Council shall submit such data as part
3087of its annual report required pursuant to s. 400.0067(2)(f) to
3088the Agency for Health Care Administration, the Department of
3089Children and Family Services, the Florida Statewide Advocacy
3090Council, the Advocacy Center for Persons with Disabilities, the
3091Commissioner for the United States Administration on Aging, the
3092National Ombudsman Resource Center, and any other state or
3093federal entities that the ombudsman determines appropriate. The
3094office State Long-Term Care Ombudsman Council shall publish
3095quarterly and make readily available information pertaining to
3096the number and types of complaints received by the long-term
3097care ombudsman program and shall include such information in the
3098annual report required under s. 400.0067.
3099     Section 103.  Paragraph (b) of subsection (3) of section
3100400.407, Florida Statutes, is amended to read:
3101     400.407  License required; fee, display.--
3102     (3)  Any license granted by the agency must state the
3103maximum resident capacity of the facility, the type of care for
3104which the license is granted, the date the license is issued,
3105the expiration date of the license, and any other information
3106deemed necessary by the agency. Licenses shall be issued for one
3107or more of the following categories of care: standard, extended
3108congregate care, limited nursing services, or limited mental
3109health.
3110     (b)  An extended congregate care license shall be issued to
3111facilities providing, directly or through contract, services
3112beyond those authorized in paragraph (a), including acts
3113performed pursuant to part I of chapter 464 by persons licensed
3114thereunder, and supportive services defined by rule to persons
3115who otherwise would be disqualified from continued residence in
3116a facility licensed under this part.
3117     1.  In order for extended congregate care services to be
3118provided in a facility licensed under this part, the agency must
3119first determine that all requirements established in law and
3120rule are met and must specifically designate, on the facility's
3121license, that such services may be provided and whether the
3122designation applies to all or part of a facility. Such
3123designation may be made at the time of initial licensure or
3124relicensure, or upon request in writing by a licensee under this
3125part. Notification of approval or denial of such request shall
3126be made within 90 days after receipt of such request and all
3127necessary documentation. Existing facilities qualifying to
3128provide extended congregate care services must have maintained a
3129standard license and may not have been subject to administrative
3130sanctions during the previous 2 years, or since initial
3131licensure if the facility has been licensed for less than 2
3132years, for any of the following reasons:
3133     a.  A class I or class II violation;
3134     b.  Three or more repeat or recurring class III violations
3135of identical or similar resident care standards as specified in
3136rule from which a pattern of noncompliance is found by the
3137agency;
3138     c.  Three or more class III violations that were not
3139corrected in accordance with the corrective action plan approved
3140by the agency;
3141     d.  Violation of resident care standards resulting in a
3142requirement to employ the services of a consultant pharmacist or
3143consultant dietitian;
3144     e.  Denial, suspension, or revocation of a license for
3145another facility under this part in which the applicant for an
3146extended congregate care license has at least 25 percent
3147ownership interest; or
3148     f.  Imposition of a moratorium on admissions or initiation
3149of injunctive proceedings.
3150     2.  Facilities that are licensed to provide extended
3151congregate care services shall maintain a written progress
3152report on each person who receives such services, which report
3153describes the type, amount, duration, scope, and outcome of
3154services that are rendered and the general status of the
3155resident's health. A registered nurse, or appropriate designee,
3156representing the agency shall visit such facilities at least
3157quarterly to monitor residents who are receiving extended
3158congregate care services and to determine if the facility is in
3159compliance with this part and with rules that relate to extended
3160congregate care. One of these visits may be in conjunction with
3161the regular survey. The monitoring visits may be provided
3162through contractual arrangements with appropriate community
3163agencies. A registered nurse shall serve as part of the team
3164that inspects such facility. The agency may waive one of the
3165required yearly monitoring visits for a facility that has been
3166licensed for at least 24 months to provide extended congregate
3167care services, if, during the inspection, the registered nurse
3168determines that extended congregate care services are being
3169provided appropriately, and if the facility has no class I or
3170class II violations and no uncorrected class III violations.
3171Before such decision is made, the agency shall consult with the
3172long-term care ombudsman council for the area in which the
3173facility is located to determine if any complaints have been
3174made and substantiated about the quality of services or care.
3175The agency may not waive one of the required yearly monitoring
3176visits if complaints have been made and substantiated.
3177     3.  Facilities that are licensed to provide extended
3178congregate care services shall:
3179     a.  Demonstrate the capability to meet unanticipated
3180resident service needs.
3181     b.  Offer a physical environment that promotes a homelike
3182setting, provides for resident privacy, promotes resident
3183independence, and allows sufficient congregate space as defined
3184by rule.
3185     c.  Have sufficient staff available, taking into account
3186the physical plant and firesafety features of the building, to
3187assist with the evacuation of residents in an emergency, as
3188necessary.
3189     d.  Adopt and follow policies and procedures that maximize
3190resident independence, dignity, choice, and decisionmaking to
3191permit residents to age in place to the extent possible, so that
3192moves due to changes in functional status are minimized or
3193avoided.
3194     e.  Allow residents or, if applicable, a resident's
3195representative, designee, surrogate, guardian, or attorney in
3196fact to make a variety of personal choices, participate in
3197developing service plans, and share responsibility in
3198decisionmaking.
3199     f.  Implement the concept of managed risk.
3200     g.  Provide, either directly or through contract, the
3201services of a person licensed pursuant to part I of chapter 464.
3202     h.  In addition to the training mandated in s. 400.452,
3203provide specialized training as defined by rule for facility
3204staff.
3205     4.  Facilities licensed to provide extended congregate care
3206services are exempt from the criteria for continued residency as
3207set forth in rules adopted under s. 400.441. Facilities so
3208licensed shall adopt their own requirements within guidelines
3209for continued residency set forth by the department in rule.
3210However, such facilities may not serve residents who require 24-
3211hour nursing supervision. Facilities licensed to provide
3212extended congregate care services shall provide each resident
3213with a written copy of facility policies governing admission and
3214retention.
3215     5.  The primary purpose of extended congregate care
3216services is to allow residents, as they become more impaired,
3217the option of remaining in a familiar setting from which they
3218would otherwise be disqualified for continued residency. A
3219facility licensed to provide extended congregate care services
3220may also admit an individual who exceeds the admission criteria
3221for a facility with a standard license, if the individual is
3222determined appropriate for admission to the extended congregate
3223care facility.
3224     6.  Before admission of an individual to a facility
3225licensed to provide extended congregate care services, the
3226individual must undergo a medical examination as provided in s.
3227400.426(4) and the facility must develop a preliminary service
3228plan for the individual.
3229     7.  When a facility can no longer provide or arrange for
3230services in accordance with the resident's service plan and
3231needs and the facility's policy, the facility shall make
3232arrangements for relocating the person in accordance with s.
3233400.428(1)(k).
3234     8.  Failure to provide extended congregate care services
3235may result in denial of extended congregate care license
3236renewal.
3237     9.  No later than January 1 of each year, the department,
3238in consultation with the agency, shall prepare and submit to the
3239Governor, the President of the Senate, the Speaker of the House
3240of Representatives, and the chairs of appropriate legislative
3241committees, a report on the status of, and recommendations
3242related to, extended congregate care services. The status report
3243must include, but need not be limited to, the following
3244information:
3245     a.  A description of the facilities licensed to provide
3246such services, including total number of beds licensed under
3247this part.
3248     b.  The number and characteristics of residents receiving
3249such services.
3250     c.  The types of services rendered that could not be
3251provided through a standard license.
3252     d.  An analysis of deficiencies cited during licensure
3253inspections.
3254     e.  The number of residents who required extended
3255congregate care services at admission and the source of
3256admission.
3257     f.  Recommendations for statutory or regulatory changes.
3258     g.  The availability of extended congregate care to state
3259clients residing in facilities licensed under this part and in
3260need of additional services, and recommendations for
3261appropriations to subsidize extended congregate care services
3262for such persons.
3263     h.  Such other information as the department considers
3264appropriate.
3265     Section 104.  Subsection (13) of section 400.419, Florida
3266Statutes, is amended to read:
3267     400.419  Violations; imposition of administrative fines;
3268grounds.--
3269     (13)  The agency shall develop and disseminate an annual
3270list of all facilities sanctioned or fined $5,000 or more for
3271violations of state standards, the number and class of
3272violations involved, the penalties imposed, and the current
3273status of cases. The list shall be disseminated, at no charge,
3274to the Department of Elderly Affairs, the Department of Health,
3275the Department of Children and Family Services, the Agency for
3276Persons with Disabilities, the area agencies on aging, the
3277Florida Statewide Advocacy Council, and the state and local
3278ombudsman councils. The Department of Children and Family
3279Services shall disseminate the list to service providers under
3280contract to the department who are responsible for referring
3281persons to a facility for residency. The agency may charge a fee
3282commensurate with the cost of printing and postage to other
3283interested parties requesting a copy of this list.
3284     Section 105.  Subsection (4) of section 400.441, Florida
3285Statutes, is amended to read:
3286     400.441  Rules establishing standards.--
3287     (4)  The agency may use an abbreviated biennial standard
3288licensure inspection that consists of a review of key quality-
3289of-care standards in lieu of a full inspection in facilities
3290which have a good record of past performance. However, a full
3291inspection shall be conducted in facilities which have had a
3292history of class I or class II violations, uncorrected class III
3293violations, confirmed ombudsman council complaints, or confirmed
3294licensure complaints, within the previous licensure period
3295immediately preceding the inspection or when a potentially
3296serious problem is identified during the abbreviated inspection.
3297The agency, in consultation with the department, shall develop
3298the key quality-of-care standards with input from the State
3299Long-Term Care Ombudsman Council and representatives of provider
3300groups for incorporation into its rules. The department, in
3301consultation with the agency, shall report annually to the
3302Legislature concerning its implementation of this subsection.
3303The report shall include, at a minimum, the key quality-of-care
3304standards which have been developed; the number of facilities
3305identified as being eligible for the abbreviated inspection; the
3306number of facilities which have received the abbreviated
3307inspection and, of those, the number that were converted to full
3308inspection; the number and type of subsequent complaints
3309received by the agency or department on facilities which have
3310had abbreviated inspections; any recommendations for
3311modification to this subsection; any plans by the agency to
3312modify its implementation of this subsection; and any other
3313information which the department believes should be reported.
3314     Section 106.  Subsection (2) of section 400.967, Florida
3315Statutes, is amended to read:
3316     400.967  Rules and classification of deficiencies.--
3317     (2)  Pursuant to the intention of the Legislature, the
3318agency, in consultation with the Agency for Persons with
3319Disabilities Department of Children and Family Services and the
3320Department of Elderly Affairs, shall adopt and enforce rules to
3321administer this part, which shall include reasonable and fair
3322criteria governing:
3323     (a)  The location and construction of the facility;
3324including fire and life safety, plumbing, heating, cooling,
3325lighting, ventilation, and other housing conditions that will
3326ensure the health, safety, and comfort of residents. The agency
3327shall establish standards for facilities and equipment to
3328increase the extent to which new facilities and a new wing or
3329floor added to an existing facility after July 1, 2000, are
3330structurally capable of serving as shelters only for residents,
3331staff, and families of residents and staff, and equipped to be
3332self-supporting during and immediately following disasters. The
3333Agency for Health Care Administration shall work with facilities
3334licensed under this part and report to the Governor and the
3335Legislature by April 1, 2000, its recommendations for cost-
3336effective renovation standards to be applied to existing
3337facilities. In making such rules, the agency shall be guided by
3338criteria recommended by nationally recognized, reputable
3339professional groups and associations having knowledge concerning
3340such subject matters. The agency shall update or revise such
3341criteria as the need arises. All facilities must comply with
3342those lifesafety code requirements and building code standards
3343applicable at the time of approval of their construction plans.
3344The agency may require alterations to a building if it
3345determines that an existing condition constitutes a distinct
3346hazard to life, health, or safety. The agency shall adopt fair
3347and reasonable rules setting forth conditions under which
3348existing facilities undergoing additions, alterations,
3349conversions, renovations, or repairs are required to comply with
3350the most recent updated or revised standards.
3351     (b)  The number and qualifications of all personnel,
3352including management, medical nursing, and other personnel,
3353having responsibility for any part of the care given to
3354residents.
3355     (c)  All sanitary conditions within the facility and its
3356surroundings, including water supply, sewage disposal, food
3357handling, and general hygiene, which will ensure the health and
3358comfort of residents.
3359     (d)  The equipment essential to the health and welfare of
3360the residents.
3361     (e)  A uniform accounting system.
3362     (f)  The care, treatment, and maintenance of residents and
3363measurement of the quality and adequacy thereof.
3364     (g)  The preparation and annual update of a comprehensive
3365emergency management plan. The agency shall adopt rules
3366establishing minimum criteria for the plan after consultation
3367with the Department of Community Affairs. At a minimum, the
3368rules must provide for plan components that address emergency
3369evacuation transportation; adequate sheltering arrangements;
3370postdisaster activities, including emergency power, food, and
3371water; postdisaster transportation; supplies; staffing;
3372emergency equipment; individual identification of residents and
3373transfer of records; and responding to family inquiries. The
3374comprehensive emergency management plan is subject to review and
3375approval by the local emergency management agency. During its
3376review, the local emergency management agency shall ensure that
3377the following agencies, at a minimum, are given the opportunity
3378to review the plan: the Department of Elderly Affairs, the
3379Agency for Persons with Disabilities Department of Children and
3380Family Services, the Agency for Health Care Administration, and
3381the Department of Community Affairs. Also, appropriate volunteer
3382organizations must be given the opportunity to review the plan.
3383The local emergency management agency shall complete its review
3384within 60 days and either approve the plan or advise the
3385facility of necessary revisions.
3386     (h)  Each licensee shall post its license in a prominent
3387place that is in clear and unobstructed public view at or near
3388the place where residents are being admitted to the facility.
3389     Section 107.  Subsection (3) of section 402.3016, Florida
3390Statutes, is amended to read:
3391     402.3016  Early Head Start collaboration grants.--
3392     (3)  The Agency for Workforce Innovation shall report to
3393the Legislature on an annual basis the number of agencies
3394receiving Early Head Start collaboration grants and the number
3395of children served.
3396     Section 108.  Subsection (9) of section 402.40, Florida
3397Statutes, is amended to read:
3398     402.40  Child welfare training.--
3399     (9)  MODIFICATION OF CHILD WELFARE TRAINING.--The core
3400competencies determined pursuant to subsection (5), the minimum
3401standards for the certification process and the minimum
3402standards for trainer qualifications established pursuant to
3403subsection (7), must be submitted to the appropriate substantive
3404committees of the Senate and the House of Representatives before
3405competitively soliciting either the development, validation, or
3406periodic evaluation of the training curricula or the training
3407academy contracts.
3408     Section 109.  Paragraph (c) of subsection (1) of section
3409402.73, Florida Statutes, is amended to read:
3410     402.73  Contracting and performance standards.--
3411     (1)  The Department of Children and Family Services shall
3412establish performance standards for all contracted client
3413services. Notwithstanding s. 287.057(5)(f), the department must
3414competitively procure any contract for client services when any
3415of the following occurs:
3416     (c)  The department has concluded, after reviewing market
3417prices and available treatment options, that there is evidence
3418that the department can improve the performance outcomes
3419produced by its contract resources. At a minimum, the department
3420shall review market prices and available treatment options
3421biennially. The department shall compile the results of the
3422biennial review and include the results in its annual
3423performance report to the Legislature pursuant to chapter 94-
3424249, Laws of Florida. The department shall provide notice and an
3425opportunity for public comment on its review of market prices
3426and available treatment options.
3427     Section 110.  Paragraph (d) of subsection (2) and paragraph
3428(c) of subsection (6) of section 403.067, Florida Statutes, are
3429amended to read:
3430     403.067  Establishment and implementation of total maximum
3431daily loads.--
3432     (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
3433with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
3434U.S.C. ss. 1251 et seq., the department must submit periodically
3435to the United States Environmental Protection Agency a list of
3436surface waters or segments for which total maximum daily load
3437assessments will be conducted. The assessments shall evaluate
3438the water quality conditions of the listed waters and, if such
3439waters are determined not to meet water quality standards, total
3440maximum daily loads shall be established, subject to the
3441provisions of subsection (4). The department shall establish a
3442priority ranking and schedule for analyzing such waters.
3443     (d)  If the department proposes to implement total maximum
3444daily load calculations or allocations established prior to the
3445effective date of this act, the department shall adopt those
3446calculations and allocations by rule by the secretary pursuant
3447to ss. 120.536(1) and 120.54 and paragraph (6)(c)(d).
3448     (6)  CALCULATION AND ALLOCATION.--
3449     (c)  Not later than February 1, 2001, the department shall
3450submit a report to the Governor, the President of the Senate,
3451and the Speaker of the House of Representatives containing
3452recommendations, including draft legislation, for any
3453modifications to the process for allocating total maximum daily
3454loads, including the relationship between allocations and the
3455watershed or basin management planning process. Such
3456recommendations shall be developed by the department in
3457cooperation with a technical advisory committee which includes
3458representatives of affected parties, environmental
3459organizations, water management districts, and other appropriate
3460local, state, and federal government agencies. The technical
3461advisory committee shall also include such members as may be
3462designated by the President of the Senate and the Speaker of the
3463House of Representatives.
3464     Section 111.  Subsection (3) of section 403.4131, Florida
3465Statutes, is amended to read:
3466     403.4131  "Keep Florida Beautiful, Incorporated"; placement
3467of signs.--
3468     (3)  The Department of Transportation shall establish an
3469"adopt-a-highway" program to allow local organizations to be
3470identified with specific highway cleanup and highway
3471beautification projects authorized under s. 339.2405 and shall
3472coordinate such efforts with Keep Florida Beautiful, Inc. The
3473department shall report to the Governor and the Legislature on
3474the progress achieved and the savings incurred by the "adopt-a-
3475highway" program. The department shall also monitor and report
3476on compliance with the provisions of the adopt-a-highway program
3477to ensure that organizations that participate in the program
3478comply with the goals identified by the department.
3479     Section 112.  Section 403.756, Florida Statutes, is
3480repealed.
3481     Section 113.  Section 403.7226, Florida Statutes, is
3482amended to read:
3483     403.7226  Technical assistance by the department.--The
3484department shall:
3485     (1)  provide technical assistance to county governments and
3486regional planning councils to ensure consistency in implementing
3487local hazardous waste management assessments as provided in ss.
3488403.7225, 403.7234, and 403.7236. In order to ensure that each
3489local assessment is properly implemented and that all
3490information gathered during the assessment is uniformly compiled
3491and documented, each county or regional planning council shall
3492contact the department during the preparation of the local
3493assessment to receive technical assistance. Each county or
3494regional planning council shall follow guidelines established by
3495the department, and adopted by rule as appropriate, in order to
3496properly implement these assessments.
3497     (2)  Identify short-term needs and long-term needs for
3498hazardous waste management for the state on the basis of the
3499information gathered through the local hazardous waste
3500management assessments and other information from state and
3501federal regulatory agencies and sources. The state needs
3502assessment must be ongoing and must be updated when new data
3503concerning waste generation and waste management technologies
3504become available. The department shall annually send a copy of
3505this assessment to the Governor and to the Legislature.
3506     Section 114.  Subsection (2) of section 403.7265, Florida
3507Statutes, is amended to read:
3508     403.7265  Local hazardous waste collection program.--
3509     (2)  The department shall develop a statewide local
3510hazardous waste management plan which will ensure comprehensive
3511collection and proper management of hazardous waste from small
3512quantity generators and household hazardous waste in Florida.
3513The plan shall address, at a minimum, a network of local
3514collection centers, transfer stations, and expanded hazardous
3515waste collection route services. The plan shall assess the need
3516for additional compliance verification inspections, enforcement,
3517and penalties. The plan shall include a strategy, timetable, and
3518budget for implementation.
3519     Section 115.  Paragraph (b) of subsection (1) of section
3520403.7264, Florida Statutes, is amended to read:
3521     403.7264  Amnesty days for purging small quantities of
3522hazardous wastes.--Amnesty days are authorized by the state for
3523the purpose of purging small quantities of hazardous waste, free
3524of charge, from the possession of homeowners, farmers, schools,
3525state agencies, and small businesses. These entities have no
3526appropriate economically feasible mechanism for disposing of
3527their hazardous wastes at the present time. In order to raise
3528public awareness on this issue, provide an educational process,
3529accommodate those entities which have a need to dispose of small
3530quantities of hazardous waste, and preserve the waters of the
3531state, amnesty days shall be carried out in the following
3532manner:
3533     (1)
3534     (b)  If a local government has established a local or
3535regional hazardous waste collection center pursuant to s.
3536403.7265(2)(3) and such center is in operation, the department
3537and the local government may enter into a contract whereby the
3538local government shall administer and supervise amnesty days. If
3539a contract is entered into, the department shall provide to the
3540local government, from funds appropriated to the department for
3541amnesty days, an amount of money as determined by the department
3542that is equal to the amount of money that would have been spent
3543by the department to administer and supervise amnesty days in
3544the local government's area. A local government that wishes to
3545administer and supervise amnesty days shall notify the
3546department at least 30 days prior to the beginning of the state
3547fiscal year during which the amnesty days are scheduled to be
3548held in the local government's area.
3549     Section 116.  Paragraphs (b) and (d) of subsection (3) and
3550subsection (5) of section 403.7895, Florida Statutes, are
3551amended to read:
3552     403.7895  Requirements for the permitting and certification
3553of commercial hazardous waste incinerators.--
3554     (3)  CERTIFICATION OF NEED.--
3555     (b)  The board shall make a determination of the need for
3556hazardous waste incinerators, based upon the best available
3557evidence of existing and projected need and available capacity,
3558as presented by the applicant, and as determined by the study
3559required by subsection (5).
3560     (d)  The board shall not make a determination of need for
3561any hazardous waste incinerator until the study required by
3562subsection (5) is completed.
3563     (5)  HAZARDOUS WASTE NEEDS AND CAPACITY STUDY.--
3564     (a)  The department shall conduct, by November 1, 1994, or
3565the date by which phase 2 of the next capacity assurance plan
3566must be submitted to the United States Environmental Protection
3567Agency, whichever date occurs first, a comprehensive independent
3568study of the current and future need for hazardous waste
3569incineration in the state. The study shall evaluate the
3570projected statewide capacity needs for a 20-year period. The
3571study shall be updated at least every 5 years.
3572     (b)  The department shall consult with state and nationally
3573recognized experts in the field of hazardous waste management,
3574including representatives from state and federal agencies,
3575industry, local government, environmental groups, universities,
3576and other interested parties.
3577     (c)  The study components shall include but not be limited
3578to the following:
3579     1.  Existing and projected sources, amounts, and types of
3580hazardous waste in the state for which incineration is an
3581appropriate treatment alternative, taking into account all
3582applicable federal regulations on the disposal, storage and
3583treatment or definition of hazardous waste.
3584     2.  Existing and projected hazardous waste incinerator
3585capacity in the state and the nation.
3586     3.  Existing and projected hazardous waste incineration
3587capacity in boilers and industrial furnaces in the state and the
3588nation.
3589     4.  Existing and projected hazardous waste incineration
3590needs, specifically taking into account the impacts of pollution
3591prevention, recycling, and other waste reduction strategies.
3592     5.  Any other impacts associated with construction of
3593excess hazardous waste incineration capacity in this state.
3594     (d)  Upon completion of the study, the department shall
3595present its findings and make recommendations to the board and
3596the Legislature regarding changes in state hazardous waste
3597policies and management strategies. The recommendations shall
3598address the advisability of establishing by statute the maximum
3599capacity for hazardous waste incineration in this state.
3600     Section 117.  Paragraph (a) of subsection (4) of section
3601406.02, Florida Statutes, is amended to read:
3602     406.02  Medical Examiners Commission; membership; terms;
3603duties; staff.--
3604     (4)  The Medical Examiners Commission shall:
3605     (a)  Submit annual reports to the Governor and Legislature
3606correlating and setting forth the activities and findings of the
3607several district medical examiners appointed pursuant to this
3608act. A copy of that report shall also be provided to each board
3609of county commissioners.
3610     Section 118.  Paragraph (g) of subsection (1) of section
3611408.033, Florida Statutes, is amended to read:
3612     408.033  Local and state health planning.--
3613     (1)  LOCAL HEALTH COUNCILS.--
3614     (g)  Each local health council is authorized to accept and
3615receive, in furtherance of its health planning functions, funds,
3616grants, and services from governmental agencies and from private
3617or civic sources and to perform studies related to local health
3618planning in exchange for such funds, grants, or services. Each
3619local health council shall, no later than January 30 of each
3620year, render an accounting of the receipt and disbursement of
3621such funds received by it to the Department of Health. The
3622department shall consolidate all such reports and submit such
3623consolidated report to the Legislature no later than March 1 of
3624each year.
3625     Section 119.  Subsection (4) of section 408.914, Florida
3626Statutes, is amended to read:
3627     408.914  Phased implementation plan.--The Agency for Health
3628Care Administration, in consultation with the Health Care Access
3629Steering Committee created in s. 408.916, shall phase in the
3630implementation of the Comprehensive Health and Human Services
3631Eligibility Access System.
3632     (4)  The Agency for Health Care Administration, in
3633consultation with the steering committee, shall complete
3634analysis of the initial pilot project by November 1, 2003, and
3635by January 1, 2004, shall submit a plan to the Governor, the
3636President of the Senate, and the Speaker of the House of
3637Representatives for statewide implementation of all components
3638of the system, if warranted. This plan must also include
3639recommendations for incorporating additional public assistance
3640and human services programs into the Comprehensive Health and
3641Human Services Eligibility Access System.
3642     Section 120.  Paragraph (i) of subsection (3) of section
3643408.915, Florida Statutes, is amended to read:
3644     408.915  Eligibility pilot project.--The Agency for Health
3645Care Administration, in consultation with the steering committee
3646established in s. 408.916, shall develop and implement a pilot
3647project to integrate the determination of eligibility for health
3648care services with information and referral services.
3649     (3)  The information and referral provider in the site
3650selected as the pilot project shall, at a minimum:
3651     (i)  Provide periodic reports to the Governor, the
3652President of the Senate, and the Speaker of the House of
3653Representatives on the use of the information and referral
3654system and on measures that demonstrate the effectiveness and
3655efficiency of the information and referral services provided.
3656     Section 121.  Section 408.917, Florida Statutes, is
3657repealed.
3658     Section 122.  Paragraph (b) of subsection (7) of section
3659409.1451, Florida Statutes, is amended to read:
3660     409.1451  Independent living transition services.--
3661     (7)  INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.--The
3662Secretary of Children and Family Services shall establish the
3663Independent Living Services Advisory Council for the purpose of
3664reviewing and making recommendations concerning the
3665implementation and operation of the independent living
3666transition services. This advisory council shall continue to
3667function as specified in this subsection until the Legislature
3668determines that the advisory council can no longer provide a
3669valuable contribution to the department's efforts to achieve the
3670goals of the independent living transition services.
3671     (b)  The advisory council shall report to the secretary
3672appropriate substantive committees of the Senate and the House
3673of Representatives on the status of the implementation of the
3674system of independent living transition services; efforts to
3675publicize the availability of aftercare support services, the
3676Road-to-Independence Scholarship Program, and transitional
3677support services; specific barriers to financial aid created by
3678the scholarship and possible solutions; the success of the
3679services; problems identified; recommendations for department or
3680legislative action; and the department's implementation of the
3681recommendations contained in the Independent Living Services
3682Integration Workgroup Report submitted to the Senate and the
3683House substantive committees December 31, 2002. The department
3684shall submit a report by December 31 of each year to the
3685Governor, the President of the Senate, and the Speaker of the
3686House of Representatives This advisory council report shall be
3687submitted by December 31 of each year that the council is in
3688existence and shall be accompanied by a report from the
3689department which includes a summary of the factors reported on
3690by the council and identifies the recommendations of the
3691advisory council and either describes the department's actions
3692to implement these recommendations or provides the department's
3693rationale for not implementing the recommendations.
3694     Section 123.  Section 409.146, Florida Statutes, is
3695repealed.
3696     Section 124.  Section 409.152, Florida Statutes, is
3697repealed.
3698     Section 125.  Subsections (1) and (2) of section 409.1679,
3699Florida Statutes, are amended to read:
3700     409.1679  Additional requirements;, effective date,
3701reimbursement methodology, and evaluation.--
3702     (1)  The programs established under ss. 409.1676 and
3703409.1677 are to be operational within 6 months after those
3704sections take effect, and, beginning 1 month after this section
3705takes effect and continuing until full operation of those
3706programs is realized, the department shall provide to the
3707Legislature monthly written status reports on the progress
3708toward implementing those programs.
3709     (2)  The programs established under ss. 409.1676 and
3710409.1677 must be included as part of the annual evaluation
3711currently required under s. 409.1671. With respect to these
3712specific programs and models, the annual evaluation must be
3713conducted by an independent third party and must include, by
3714specific site, the level of attainment of the targeted outcomes
3715listed in subsection (3). The evaluation of the model programs
3716must include, at a minimum, an assessment of their cost-
3717effectiveness, of their ability to successfully implement the
3718assigned program elements, and of their attainment of
3719performance standards that include legislatively established
3720standards for similar programs and other standards determined
3721jointly by the department and the providers and stated in a
3722contract.
3723     Section 126.  Section 409.1685, Florida Statutes, is
3724amended to read:
3725     409.1685  Children in foster care; annual report to
3726Legislature.--The Department of Children and Family Services
3727shall submit a written report to the Governor and substantive
3728committees of the Legislature concerning the status of children
3729in foster care and concerning the judicial review mandated by
3730part X of chapter 39. This report shall be submitted by May
3731March 1 of each year and shall include the following information
3732for the prior calendar year:
3733     (1)  The number of 6-month and annual judicial reviews
3734completed during that period.
3735     (2)  The number of children in foster care returned to a
3736parent, guardian, or relative as a result of a 6-month or annual
3737judicial review hearing during that period.
3738     (3)  The number of termination of parental rights
3739proceedings instituted during that period which shall include:
3740     (a)  The number of termination of parental rights
3741proceedings initiated pursuant to s. 39.703; and
3742     (b)  The total number of terminations of parental rights
3743ordered.
3744     (4)  The number of foster care children placed for adoption
3745during that period.
3746     Section 127.  Paragraph (d) of subsection (5) of section
3747409.178, Florida Statutes, is amended to read:
3748     409.178  Child Care Executive Partnership Act; findings and
3749intent; grant; limitation; rules.--
3750     (5)
3751     (d)  Each community coordinated child care agency shall be
3752required to establish a community child care task force for each
3753child care purchasing pool. The task force must be composed of
3754employers, parents, private child care providers, and one
3755representative from the local children's services council, if
3756one exists in the area of the purchasing pool. The community
3757coordinated child care agency is expected to recruit the task
3758force members from existing child care councils, commissions, or
3759task forces already operating in the area of a purchasing pool.
3760A majority of the task force shall consist of employers. Each
3761task force shall develop a plan for the use of child care
3762purchasing pool funds. The plan must show how many children will
3763be served by the purchasing pool, how many will be new to
3764receiving child care services, and how the community coordinated
3765child care agency intends to attract new employers and their
3766employees to the program.
3767     Section 128.  Paragraph (k) of subsection (4) of section
3768409.221, Florida Statutes, is amended to read:
3769     409.221  Consumer-directed care program.--
3770     (4)  CONSUMER-DIRECTED CARE.--
3771     (k)  Reviews and reports.--The agency and the Departments
3772of Elderly Affairs, Health, and Children and Family Services
3773shall each, on an ongoing basis, review and assess the
3774implementation of the consumer-directed care program. By January
377515 of each year, the agency shall submit a written report to the
3776Legislature that includes each department's review of the
3777program and contains recommendations for improvements to the
3778program.
3779     Section 129.  Paragraph (a) of subsection (3) of section
3780409.25575, Florida Statutes, is amended to read:
3781     409.25575  Support enforcement; privatization.--
3782     (3)(a)  The department shall establish a quality assurance
3783program for the privatization of services. The quality assurance
3784program must include standards for each specific component of
3785these services. The department shall establish minimum
3786thresholds for each component. Each program operated pursuant to
3787contract must be evaluated annually by the department or by an
3788objective competent entity designated by the department under
3789the provisions of the quality assurance program. The evaluation
3790must be financed from cost savings associated with the
3791privatization of services. The department shall submit an annual
3792report regarding quality performance, outcome measure
3793attainment, and cost efficiency to the President of the Senate,
3794the Speaker of the House of Representatives, the Minority leader
3795of each house of the Legislature, and the Governor no later than
3796January 31 of each year, beginning in 1999. The quality
3797assurance program must be financed through administrative
3798savings generated by this act.
3799     Section 130.  Subsection (7) of section 409.2558, Florida
3800Statutes, is amended to read:
3801     409.2558  Support distribution and disbursement.--
3802     (7)  RULEMAKING AUTHORITY.--The department may adopt rules
3803to administer this section. The department shall provide a draft
3804of the proposed concepts for the rule for the undistributable
3805collections to interested parties for review and recommendations
3806prior to full development of the rule and initiating the formal
3807rule-development process. The department shall consider but is
3808not required to implement the recommendations. The department
3809shall provide a report to the President of the Senate and the
3810Speaker of the House of Representatives containing the
3811recommendations received from interested parties and the
3812department's response regarding incorporating the
3813recommendations into the rule.
3814     Section 131.  Section 409.2567, Florida Statutes, is
3815amended to read:
3816     409.2567  Services to individuals not otherwise
3817eligible.--All support services provided by the department shall
3818be made available on behalf of all dependent children. Services
3819shall be provided upon acceptance of public assistance or upon
3820proper application filed with the department. The department
3821shall adopt rules to provide for the payment of a $25
3822application fee from each applicant who is not a public
3823assistance recipient. The application fee shall be deposited in
3824the Child Support Enforcement Application and Program Revenue
3825Trust Fund within the Department of Revenue to be used for the
3826Child Support Enforcement Program. The obligor is responsible
3827for all administrative costs, as defined in s. 409.2554. The
3828court shall order payment of administrative costs without
3829requiring the department to have a member of the bar testify or
3830submit an affidavit as to the reasonableness of the costs. An
3831attorney-client relationship exists only between the department
3832and the legal services providers in Title IV-D cases. The
3833attorney shall advise the obligee in Title IV-D cases that the
3834attorney represents the agency and not the obligee. In Title IV-
3835D cases, any costs, including filing fees, recording fees,
3836mediation costs, service of process fees, and other expenses
3837incurred by the clerk of the circuit court, shall be assessed
3838only against the nonprevailing obligor after the court makes a
3839determination of the nonprevailing obligor's ability to pay such
3840costs and fees. In any case where the court does not award all
3841costs, the court shall state in the record its reasons for not
3842awarding the costs. The Department of Revenue shall not be
3843considered a party for purposes of this section; however, fees
3844may be assessed against the department pursuant to s. 57.105(1).
3845The department shall submit a monthly report to the Governor and
3846the chairs of the Health and Human Services Fiscal Committee of
3847the House of Representatives and the Ways and Means Committee of
3848the Senate specifying the funds identified for collection from
3849the noncustodial parents of children receiving temporary
3850assistance and the amounts actually collected.
3851     Section 132.  Subsection (3) of section 409.441, Florida
3852Statutes, is amended to read:
3853     409.441  Runaway youth programs and centers.--
3854     (3)  STATE PLAN FOR THE HANDLING OF RUNAWAY YOUTHS.--
3855     (a)  The department shall develop a state plan for the
3856handling of runaway youths and for providing services connected
3857with the runaway problem. The plan shall be submitted to the
3858Speaker of the House of Representatives, the President of the
3859Senate, and the Governor no later than February 1, 1984.
3860     (b)  The plan shall include:
3861     1.  Needs assessments for the state and for each district;
3862     2.  Criteria and procedures for handling and referral of
3863troubled youths and runaway youths using the least restrictive
3864alternatives available;
3865     3.  Provisions for contacting parents or guardians;
3866     4.  Policy for coordinating relationships between involved
3867agencies, runaway youth centers, law enforcement agencies, and
3868the department;
3869     5.  Statewide statistics on client groups;
3870     6.  Funding formulas for runaway youth centers which
3871provide standard services and receive state funds; and
3872     7.  Standards and program goals for runaway youth centers,
3873with emphasis on early intervention and aftercare.
3874     Section 133.  Subsection (24) of section 409.906, Florida
3875Statutes, is amended to read:
3876     409.906  Optional Medicaid services.--Subject to specific
3877appropriations, the agency may make payments for services which
3878are optional to the state under Title XIX of the Social Security
3879Act and are furnished by Medicaid providers to recipients who
3880are determined to be eligible on the dates on which the services
3881were provided. Any optional service that is provided shall be
3882provided only when medically necessary and in accordance with
3883state and federal law. Optional services rendered by providers
3884in mobile units to Medicaid recipients may be restricted or
3885prohibited by the agency. Nothing in this section shall be
3886construed to prevent or limit the agency from adjusting fees,
3887reimbursement rates, lengths of stay, number of visits, or
3888number of services, or making any other adjustments necessary to
3889comply with the availability of moneys and any limitations or
3890directions provided for in the General Appropriations Act or
3891chapter 216. If necessary to safeguard the state's systems of
3892providing services to elderly and disabled persons and subject
3893to the notice and review provisions of s. 216.177, the Governor
3894may direct the Agency for Health Care Administration to amend
3895the Medicaid state plan to delete the optional Medicaid service
3896known as "Intermediate Care Facilities for the Developmentally
3897Disabled." Optional services may include:
3898     (24)  CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The Agency
3899for Health Care Administration, in consultation with the
3900Department of Children and Family Services, may establish a
3901targeted case-management project in those counties identified by
3902the Department of Children and Family Services and for all
3903counties with a community-based child welfare project, as
3904authorized under s. 409.1671, which have been specifically
3905approved by the department. Results of targeted case management
3906projects shall be reported to the Social Services Estimating
3907Conference established under s. 216.136. The covered group of
3908individuals who are eligible to receive targeted case management
3909include children who are eligible for Medicaid; who are between
3910the ages of birth through 21; and who are under protective
3911supervision or postplacement supervision, under foster-care
3912supervision, or in shelter care or foster care. The number of
3913individuals who are eligible to receive targeted case management
3914shall be limited to the number for whom the Department of
3915Children and Family Services has available matching funds to
3916cover the costs. The general revenue funds required to match the
3917funds for services provided by the community-based child welfare
3918projects are limited to funds available for services described
3919under s. 409.1671. The Department of Children and Family
3920Services may transfer the general revenue matching funds as
3921billed by the Agency for Health Care Administration.
3922     Section 134.  Subsections (4) and (5) of section 409.9065,
3923Florida Statutes, are amended to read:
3924     409.9065  Pharmaceutical expense assistance.--
3925     (4)  ADMINISTRATION.--The pharmaceutical expense assistance
3926program shall be administered by the agency, in collaboration
3927with the Department of Elderly Affairs and the Department of
3928Children and Family Services.
3929     (a)  The agency shall, by rule, establish for the
3930pharmaceutical expense assistance program eligibility
3931requirements; limits on participation; benefit limitations,
3932including copayments; a requirement for generic drug
3933substitution; and other program parameters comparable to those
3934of the Medicaid program. Individuals eligible to participate in
3935this program are not subject to the limit of four brand name
3936drugs per month per recipient as specified in s. 409.912(40)(a).
3937There shall be no monetary limit on prescription drugs purchased
3938with discounts of less than 51 percent unless the agency
3939determines there is a risk of a funding shortfall in the
3940program. If the agency determines there is a risk of a funding
3941shortfall, the agency may establish monetary limits on
3942prescription drugs which shall not be less than $160 worth of
3943prescription drugs per month.
3944     (b)  By January 1 of each year, the agency shall report to
3945the Legislature on the operation of the program. The report
3946shall include information on the number of individuals served,
3947use rates, and expenditures under the program. The report shall
3948also address the impact of the program on reducing unmet
3949pharmaceutical drug needs among the elderly and recommend
3950programmatic changes.
3951     (5)  NONENTITLEMENT.--The pharmaceutical expense assistance
3952program established by this section is not an entitlement.
3953Enrollment levels are limited to those authorized by the
3954Legislature in the annual General Appropriations Act. If, after
3955establishing monetary limits as required by subsection paragraph
3956(4)(a), funds are insufficient to serve all eligible individuals
3957seeking coverage, the agency may develop a waiting list based on
3958application dates to use in enrolling individuals in unfilled
3959enrollment slots.
3960     Section 135.  Section 409.91188, Florida Statutes, is
3961amended to read:
3962     409.91188  Specialty prepaid health plans for Medicaid
3963recipients with HIV or AIDS.--The agency for Health Care
3964Administration is authorized to contract with specialty prepaid
3965health plans and pay them on a prepaid capitated basis to
3966provide Medicaid benefits to Medicaid-eligible recipients who
3967have human immunodeficiency syndrome (HIV) or acquired
3968immunodeficiency syndrome (AIDS). The agency shall apply for and
3969is authorized to implement federal waivers or other necessary
3970federal authorization to implement the prepaid health plans
3971authorized by this section. The agency shall procure the
3972specialty prepaid health plans through a competitive
3973procurement. In awarding a contract to a managed care plan, the
3974agency shall take into account price, quality, accessibility,
3975linkages to community-based organizations, and the
3976comprehensiveness of the benefit package offered by the plan.
3977The agency may bid the HIV/AIDS specialty plans on a county,
3978regional, or statewide basis. Qualified plans must be licensed
3979under chapter 641. The agency shall monitor and evaluate the
3980implementation of this waiver program if it is approved by the
3981Federal Government and shall report on its status to the
3982President of the Senate and the Speaker of the House of
3983Representatives by February 1, 2001. To improve coordination of
3984medical care delivery and to increase cost efficiency for the
3985Medicaid program in treating HIV disease, the agency for Health
3986Care Administration shall seek all necessary federal waivers to
3987allow participation in the Medipass HIV disease management
3988program for Medicare beneficiaries who test positive for HIV
3989infection and who also qualify for Medicaid benefits such as
3990prescription medications not covered by Medicare.
3991     Section 136.  Paragraphs (b) and (c) of subsection (4),
3992subsection (5), paragraph (c) of subsection (21), subsections
3993(29), (41), and (44), and paragraph (c) of subsection (49) of
3994section 409.912, Florida Statutes, are amended to read:
3995     409.912  Cost-effective purchasing of health care.--The
3996agency shall purchase goods and services for Medicaid recipients
3997in the most cost-effective manner consistent with the delivery
3998of quality medical care. To ensure that medical services are
3999effectively utilized, the agency may, in any case, require a
4000confirmation or second physician's opinion of the correct
4001diagnosis for purposes of authorizing future services under the
4002Medicaid program. This section does not restrict access to
4003emergency services or poststabilization care services as defined
4004in 42 C.F.R. part 438.114. Such confirmation or second opinion
4005shall be rendered in a manner approved by the agency. The agency
4006shall maximize the use of prepaid per capita and prepaid
4007aggregate fixed-sum basis services when appropriate and other
4008alternative service delivery and reimbursement methodologies,
4009including competitive bidding pursuant to s. 287.057, designed
4010to facilitate the cost-effective purchase of a case-managed
4011continuum of care. The agency shall also require providers to
4012minimize the exposure of recipients to the need for acute
4013inpatient, custodial, and other institutional care and the
4014inappropriate or unnecessary use of high-cost services. The
4015agency may mandate prior authorization, drug therapy management,
4016or disease management participation for certain populations of
4017Medicaid beneficiaries, certain drug classes, or particular
4018drugs to prevent fraud, abuse, overuse, and possible dangerous
4019drug interactions. The Pharmaceutical and Therapeutics Committee
4020shall make recommendations to the agency on drugs for which
4021prior authorization is required. The agency shall inform the
4022Pharmaceutical and Therapeutics Committee of its decisions
4023regarding drugs subject to prior authorization. The agency is
4024authorized to limit the entities it contracts with or enrolls as
4025Medicaid providers by developing a provider network through
4026provider credentialing. The agency may limit its network based
4027on the assessment of beneficiary access to care, provider
4028availability, provider quality standards, time and distance
4029standards for access to care, the cultural competence of the
4030provider network, demographic characteristics of Medicaid
4031beneficiaries, practice and provider-to-beneficiary standards,
4032appointment wait times, beneficiary use of services, provider
4033turnover, provider profiling, provider licensure history,
4034previous program integrity investigations and findings, peer
4035review, provider Medicaid policy and billing compliance records,
4036clinical and medical record audits, and other factors. Providers
4037shall not be entitled to enrollment in the Medicaid provider
4038network. The agency is authorized to seek federal waivers
4039necessary to implement this policy.
4040     (4)  The agency may contract with:
4041     (b)  An entity that is providing comprehensive behavioral
4042health care services to certain Medicaid recipients through a
4043capitated, prepaid arrangement pursuant to the federal waiver
4044provided for by s. 409.905(5). Such an entity must be licensed
4045under chapter 624, chapter 636, or chapter 641 and must possess
4046the clinical systems and operational competence to manage risk
4047and provide comprehensive behavioral health care to Medicaid
4048recipients. As used in this paragraph, the term "comprehensive
4049behavioral health care services" means covered mental health and
4050substance abuse treatment services that are available to
4051Medicaid recipients. The secretary of the Department of Children
4052and Family Services shall approve provisions of procurements
4053related to children in the department's care or custody prior to
4054enrolling such children in a prepaid behavioral health plan. Any
4055contract awarded under this paragraph must be competitively
4056procured. In developing the behavioral health care prepaid plan
4057procurement document, the agency shall ensure that the
4058procurement document must require requires the contractor to
4059develop and implement a plan to ensure compliance with s.
4060394.4574 related to services provided to residents of licensed
4061assisted living facilities that hold a limited mental health
4062license. Except as provided in subparagraph 6. 8., the agency
4063shall seek federal approval to contract with a single entity
4064meeting these requirements to provide comprehensive behavioral
4065health care services to all Medicaid recipients not enrolled in
4066a managed care plan in an AHCA area. Each entity must offer
4067sufficient choice of providers in its network to ensure
4068recipient access to care and the opportunity to select a
4069provider with whom they are satisfied. The network shall include
4070all public mental health hospitals. To ensure unimpaired access
4071to behavioral health care services by Medicaid recipients, all
4072contracts issued pursuant to this paragraph shall require 80
4073percent of the capitation paid to the managed care plan,
4074including health maintenance organizations, to be expended for
4075the provision of behavioral health care services. In the event
4076the managed care plan expends less than 80 percent of the
4077capitation paid pursuant to this paragraph for the provision of
4078behavioral health care services, the difference shall be
4079returned to the agency. The agency shall provide the managed
4080care plan with a certification letter indicating the amount of
4081capitation paid during each calendar year for the provision of
4082behavioral health care services pursuant to this section. The
4083agency may reimburse for substance abuse treatment services on a
4084fee-for-service basis until the agency finds that adequate funds
4085are available for capitated, prepaid arrangements.
4086     1.  By January 1, 2001, the agency shall modify the
4087contracts with the entities providing comprehensive inpatient
4088and outpatient mental health care services to Medicaid
4089recipients in Hillsborough, Highlands, Hardee, Manatee, and Polk
4090Counties, to include substance abuse treatment services.
4091     2.  By July 1, 2003, the agency and the Department of
4092Children and Family Services shall execute a written agreement
4093that requires collaboration and joint development of all policy,
4094budgets, procurement documents, contracts, and monitoring plans
4095that have an impact on the state and Medicaid community mental
4096health and targeted case management programs.
4097     1.3.  Except as provided in subparagraph 6. 8., by July 1,
40982006, the agency and the Department of Children and Family
4099Services shall contract with managed care entities in each AHCA
4100area except area 6 or arrange to provide comprehensive inpatient
4101and outpatient mental health and substance abuse services
4102through capitated prepaid arrangements to all Medicaid
4103recipients who are eligible to participate in such plans under
4104federal law and regulation. In AHCA areas where eligible
4105individuals number less than 150,000, the agency shall contract
4106with a single managed care plan to provide comprehensive
4107behavioral health services to all recipients who are not
4108enrolled in a Medicaid health maintenance organization. The
4109agency may contract with more than one comprehensive behavioral
4110health provider to provide care to recipients who are not
4111enrolled in a Medicaid health maintenance organization in AHCA
4112areas where the eligible population exceeds 150,000. Contracts
4113for comprehensive behavioral health providers awarded pursuant
4114to this section shall be competitively procured. Both for-profit
4115and not-for-profit corporations shall be eligible to compete.
4116Managed care plans contracting with the agency under subsection
4117(3) shall provide and receive payment for the same comprehensive
4118behavioral health benefits as provided in AHCA rules, including
4119handbooks incorporated by reference.
4120     4.  By October 1, 2003, the agency and the department shall
4121submit a plan to the Governor, the President of the Senate, and
4122the Speaker of the House of Representatives which provides for
4123the full implementation of capitated prepaid behavioral health
4124care in all areas of the state.
4125     a.  Implementation shall begin in 2003 in those AHCA areas
4126of the state where the agency is able to establish sufficient
4127capitation rates.
4128     2.b.  If the agency determines that the proposed capitation
4129rate in any area is insufficient to provide appropriate
4130services, the agency may adjust the capitation rate to ensure
4131that care will be available. The agency and the department may
4132use existing general revenue to address any additional required
4133match but may not over-obligate existing funds on an annualized
4134basis.
4135     c.  Subject to any limitations provided for in the General
4136Appropriations Act, the agency, in compliance with appropriate
4137federal authorization, shall develop policies and procedures
4138that allow for certification of local and state funds.
4139     3.5.  Children residing in a statewide inpatient
4140psychiatric program, or in a Department of Juvenile Justice or a
4141Department of Children and Family Services residential program
4142approved as a Medicaid behavioral health overlay services
4143provider shall not be included in a behavioral health care
4144prepaid health plan or any other Medicaid managed care plan
4145pursuant to this paragraph.
4146     4.6.  In converting to a prepaid system of delivery, the
4147agency shall in its procurement document require an entity
4148providing only comprehensive behavioral health care services to
4149prevent the displacement of indigent care patients by enrollees
4150in the Medicaid prepaid health plan providing behavioral health
4151care services from facilities receiving state funding to provide
4152indigent behavioral health care, to facilities licensed under
4153chapter 395 which do not receive state funding for indigent
4154behavioral health care, or reimburse the unsubsidized facility
4155for the cost of behavioral health care provided to the displaced
4156indigent care patient.
4157     5.7.  Traditional community mental health providers under
4158contract with the Department of Children and Family Services
4159pursuant to part IV of chapter 394, child welfare providers
4160under contract with the Department of Children and Family
4161Services in areas 1 and 6, and inpatient mental health providers
4162licensed pursuant to chapter 395 must be offered an opportunity
4163to accept or decline a contract to participate in any provider
4164network for prepaid behavioral health services.
4165     6.8.  For fiscal year 2004-2005, all Medicaid eligible
4166children, except children in areas 1 and 6, whose cases are open
4167for child welfare services in the HomeSafeNet system, shall be
4168enrolled in MediPass or in Medicaid fee-for-service and all
4169their behavioral health care services including inpatient,
4170outpatient psychiatric, community mental health, and case
4171management shall be reimbursed on a fee-for-service basis.
4172Beginning July 1, 2005, such children, who are open for child
4173welfare services in the HomeSafeNet system, shall receive their
4174behavioral health care services through a specialty prepaid plan
4175operated by community-based lead agencies either through a
4176single agency or formal agreements among several agencies. The
4177specialty prepaid plan must result in savings to the state
4178comparable to savings achieved in other Medicaid managed care
4179and prepaid programs. Such plan must provide mechanisms to
4180maximize state and local revenues. The specialty prepaid plan
4181shall be developed by the agency and the Department of Children
4182and Family Services. The agency is authorized to seek any
4183federal waivers to implement this initiative.
4184     (c)  A federally qualified health center or an entity owned
4185by one or more federally qualified health centers or an entity
4186owned by other migrant and community health centers receiving
4187non-Medicaid financial support from the Federal Government to
4188provide health care services on a prepaid or fixed-sum basis to
4189recipients. Such prepaid health care services entity must be
4190licensed under parts I and III of chapter 641, but shall be
4191prohibited from serving Medicaid recipients on a prepaid basis,
4192until such licensure has been obtained. However, such an entity
4193is exempt from s. 641.225 if the entity meets the requirements
4194specified in subsections (16)(17) and (17)(18).
4195     (5)  By October 1, 2003, the agency and the department
4196shall, to the extent feasible, develop a plan for implementing
4197new Medicaid procedure codes for emergency and crisis care,
4198supportive residential services, and other services designed to
4199maximize the use of Medicaid funds for Medicaid-eligible
4200recipients. The agency shall include in the agreement developed
4201pursuant to subsection (4) a provision that ensures that the
4202match requirements for these new procedure codes are met by
4203certifying eligible general revenue or local funds that are
4204currently expended on these services by the department with
4205contracted alcohol, drug abuse, and mental health providers. The
4206plan must describe specific procedure codes to be implemented, a
4207projection of the number of procedures to be delivered during
4208fiscal year 2003-2004, and a financial analysis that describes
4209the certified match procedures, and accountability mechanisms,
4210projects the earnings associated with these procedures, and
4211describes the sources of state match. This plan may not be
4212implemented in any part until approved by the Legislative Budget
4213Commission. If such approval has not occurred by December 31,
42142003, the plan shall be submitted for consideration by the 2004
4215Legislature.
4216     (20)(21)  Any entity contracting with the agency pursuant
4217to this section to provide health care services to Medicaid
4218recipients is prohibited from engaging in any of the following
4219practices or activities:
4220     (c)  Granting or offering of any monetary or other valuable
4221consideration for enrollment, except as authorized by subsection
4222(23)(24).
4223     (28)(29)  The agency shall perform enrollments and
4224disenrollments for Medicaid recipients who are eligible for
4225MediPass or managed care plans. Notwithstanding the prohibition
4226contained in paragraph (20)(21)(f), managed care plans may
4227perform preenrollments of Medicaid recipients under the
4228supervision of the agency or its agents. For the purposes of
4229this section, "preenrollment" means the provision of marketing
4230and educational materials to a Medicaid recipient and assistance
4231in completing the application forms, but shall not include
4232actual enrollment into a managed care plan. An application for
4233enrollment shall not be deemed complete until the agency or its
4234agent verifies that the recipient made an informed, voluntary
4235choice. The agency, in cooperation with the Department of
4236Children and Family Services, may test new marketing initiatives
4237to inform Medicaid recipients about their managed care options
4238at selected sites. The agency shall report to the Legislature on
4239the effectiveness of such initiatives. The agency may contract
4240with a third party to perform managed care plan and MediPass
4241enrollment and disenrollment services for Medicaid recipients
4242and is authorized to adopt rules to implement such services. The
4243agency may adjust the capitation rate only to cover the costs of
4244a third-party enrollment and disenrollment contract, and for
4245agency supervision and management of the managed care plan
4246enrollment and disenrollment contract.
4247     (40)(41)  The agency shall provide for the development of a
4248demonstration project by establishment in Miami-Dade County of a
4249long-term-care facility licensed pursuant to chapter 395 to
4250improve access to health care for a predominantly minority,
4251medically underserved, and medically complex population and to
4252evaluate alternatives to nursing home care and general acute
4253care for such population. Such project is to be located in a
4254health care condominium and colocated with licensed facilities
4255providing a continuum of care. The establishment of this project
4256is not subject to the provisions of s. 408.036 or s. 408.039.
4257The agency shall report its findings to the Governor, the
4258President of the Senate, and the Speaker of the House of
4259Representatives by January 1, 2003.
4260     (43)(44)  The Agency for Health Care Administration shall
4261ensure that any Medicaid managed care plan as defined in s.
4262409.9122(2)(h), whether paid on a capitated basis or a shared
4263savings basis, is cost-effective. For purposes of this
4264subsection, the term "cost-effective" means that a network's
4265per-member, per-month costs to the state, including, but not
4266limited to, fee-for-service costs, administrative costs, and
4267case-management fees, must be no greater than the state's costs
4268associated with contracts for Medicaid services established
4269under subsection (3), which shall be actuarially adjusted for
4270case mix, model, and service area. The agency shall conduct
4271actuarially sound audits adjusted for case mix and model in
4272order to ensure such cost-effectiveness and shall publish the
4273audit results on its Internet website and submit the audit
4274results annually to the Governor, the President of the Senate,
4275and the Speaker of the House of Representatives no later than
4276December 31 of each year. Contracts established pursuant to this
4277subsection which are not cost-effective may not be renewed.
4278     (48)(49)  The agency shall contract with established
4279minority physician networks that provide services to
4280historically underserved minority patients. The networks must
4281provide cost-effective Medicaid services, comply with the
4282requirements to be a MediPass provider, and provide their
4283primary care physicians with access to data and other management
4284tools necessary to assist them in ensuring the appropriate use
4285of services, including inpatient hospital services and
4286pharmaceuticals.
4287     (c)  For purposes of this subsection, the term "cost-
4288effective" means that a network's per-member, per-month costs to
4289the state, including, but not limited to, fee-for-service costs,
4290administrative costs, and case-management fees, must be no
4291greater than the state's costs associated with contracts for
4292Medicaid services established under subsection (3), which shall
4293be actuarially adjusted for case mix, model, and service area.
4294The agency shall conduct actuarially sound audits adjusted for
4295case mix and model in order to ensure such cost-effectiveness
4296and shall publish the audit results on its Internet website and
4297submit the audit results annually to the Governor, the President
4298of the Senate, and the Speaker of the House of Representatives
4299no later than December 31. Contracts established pursuant to
4300this subsection which are not cost-effective may not be renewed.
4301     Section 137.  Paragraph (a) of subsection (4) of section
4302394.9082, Florida Statutes, is amended to read:
4303     394.9082  Behavioral health service delivery strategies.--
4304     (4)  CONTRACT FOR SERVICES.--
4305     (a)  The Department of Children and Family Services and the
4306Agency for Health Care Administration may contract for the
4307provision or management of behavioral health services with a
4308managing entity in at least two geographic areas. Both the
4309Department of Children and Family Services and the Agency for
4310Health Care Administration must contract with the same managing
4311entity in any distinct geographic area where the strategy
4312operates. This managing entity shall be accountable at a minimum
4313for the delivery of behavioral health services specified and
4314funded by the department and the agency. The geographic area
4315must be of sufficient size in population and have enough public
4316funds for behavioral health services to allow for flexibility
4317and maximum efficiency. Notwithstanding the provisions of s.
4318409.912(4)(b)1., At least one service delivery strategy must be
4319in one of the service districts in the catchment area of G.
4320Pierce Wood Memorial Hospital.
4321     Section 138.  Paragraph (a) of subsection (4) of section
4322409.9065, Florida Statutes, is amended to read:
4323     409.9065  Pharmaceutical expense assistance.--
4324     (4)  ADMINISTRATION.--The pharmaceutical expense assistance
4325program shall be administered by the agency, in collaboration
4326with the Department of Elderly Affairs and the Department of
4327Children and Family Services.
4328     (a)  The agency shall, by rule, establish for the
4329pharmaceutical expense assistance program eligibility
4330requirements; limits on participation; benefit limitations,
4331including copayments; a requirement for generic drug
4332substitution; and other program parameters comparable to those
4333of the Medicaid program. Individuals eligible to participate in
4334this program are not subject to the limit of four brand name
4335drugs per month per recipient as specified in s.
4336409.912(39)(40)(a). There shall be no monetary limit on
4337prescription drugs purchased with discounts of less than 51
4338percent unless the agency determines there is a risk of a
4339funding shortfall in the program. If the agency determines there
4340is a risk of a funding shortfall, the agency may establish
4341monetary limits on prescription drugs which shall not be less
4342than $160 worth of prescription drugs per month.
4343     Section 139.  Subsections (1) and (2) of section 409.91196,
4344Florida Statutes, are amended to read:
4345     409.91196  Supplemental rebate agreements; confidentiality
4346of records and meetings.--
4347     (1)  Trade secrets, rebate amount, percent of rebate,
4348manufacturer's pricing, and supplemental rebates which are
4349contained in records of the Agency for Health Care
4350Administration and its agents with respect to supplemental
4351rebate negotiations and which are prepared pursuant to a
4352supplemental rebate agreement under s. 409.912(39)(40)(a)7. are
4353confidential and exempt from s. 119.07 and s. 24(a), Art. I of
4354the State Constitution.
4355     (2)  Those portions of meetings of the Medicaid
4356Pharmaceutical and Therapeutics Committee at which trade
4357secrets, rebate amount, percent of rebate, manufacturer's
4358pricing, and supplemental rebates are disclosed for discussion
4359or negotiation of a supplemental rebate agreement under s.
4360409.912(39)(40)(a)7. are exempt from s. 286.011 and s. 24(b),
4361Art. I of the State Constitution.
4362     Section 140.  Subsection (4) of section 641.386, Florida
4363Statutes, is amended to read:
4364     641.386  Agent licensing and appointment required;
4365exceptions.--
4366     (4)  All agents and health maintenance organizations shall
4367comply with and be subject to the applicable provisions of ss.
4368641.309 and 409.912(20)(21), and all companies and entities
4369appointing agents shall comply with s. 626.451, when marketing
4370for any health maintenance organization licensed pursuant to
4371this part, including those organizations under contract with the
4372Agency for Health Care Administration to provide health care
4373services to Medicaid recipients or any private entity providing
4374health care services to Medicaid recipients pursuant to a
4375prepaid health plan contract with the Agency for Health Care
4376Administration.
4377     Section 141.  Section 410.0245, Florida Statutes, is
4378repealed.
4379     Section 142.  Subsection (10) of section 410.604, Florida
4380Statutes, is amended to read:
4381     410.604  Community care for disabled adults program; powers
4382and duties of the department.--
4383     (10)  Beginning October 1, 1989, the department shall
4384biennially evaluate the progress of the community care for
4385disabled adults program and submit such evaluation to the
4386Speaker of the House of Representatives and the President of the
4387Senate.
4388     Section 143.  Section 411.221, Florida Statutes, is
4389repealed.
4390     Section 144.  Paragraph (d) of subsection (5) of section
4391411.01, Florida Statutes, as amended by chapter 2004-484, Laws
4392of Florida, is amended to read:
4393     411.01  School readiness programs; early learning
4394coalitions.--
4395     (5)  CREATION OF EARLY LEARNING COALITIONS.--
4396     (d)  Implementation.--
4397     1.  An early learning coalition may not implement the
4398school readiness program until the coalition is authorized
4399through approval of the coalition's school readiness plan by the
4400Agency for Workforce Innovation.
4401     2.  Each early learning coalition shall develop a plan for
4402implementing the school readiness program to meet the
4403requirements of this section and the performance standards and
4404outcome measures adopted by the Agency for Workforce Innovation.
4405The plan must demonstrate how the program will ensure that each
44063-year-old and 4-year-old child in a publicly funded school
4407readiness program receives scheduled activities and instruction
4408designed to enhance the age-appropriate progress of the children
4409in attaining the performance standards adopted by the Agency for
4410Workforce Innovation under subparagraph (4)(d)8. Before
4411implementing the school readiness program, the early learning
4412coalition must submit the plan to the Agency for Workforce
4413Innovation for approval. The Agency for Workforce Innovation may
4414approve the plan, reject the plan, or approve the plan with
4415conditions. The Agency for Workforce Innovation shall review
4416school readiness plans at least annually.
4417     3.  If the Agency for Workforce Innovation determines
4418during the annual review of school readiness plans, or through
4419monitoring and performance evaluations conducted under paragraph
4420(4)(l), that an early learning coalition has not substantially
4421implemented its plan, has not substantially met the performance
4422standards and outcome measures adopted by the agency, or has not
4423effectively administered the school readiness program or
4424Voluntary Prekindergarten Education Program, the Agency for
4425Workforce Innovation may dissolve the coalition and temporarily
4426contract with a qualified entity to continue school readiness
4427and prekindergarten services in the coalition's county or
4428multicounty region until the coalition is reestablished through
4429resubmission of a school readiness plan and approval by the
4430agency.
4431     4.  The Agency for Workforce Innovation shall adopt
4432criteria for the approval of school readiness plans. The
4433criteria must be consistent with the performance standards and
4434outcome measures adopted by the agency and must require each
4435approved plan to include the following minimum standards and
4436provisions:
4437     a.  A sliding fee scale establishing a copayment for
4438parents based upon their ability to pay, which is the same for
4439all program providers, to be implemented and reflected in each
4440program's budget.
4441     b.  A choice of settings and locations in licensed,
4442registered, religious-exempt, or school-based programs to be
4443provided to parents.
4444     c.  Instructional staff who have completed the training
4445course as required in s. 402.305(2)(d)1., as well as staff who
4446have additional training or credentials as required by the
4447Agency for Workforce Innovation. The plan must provide a method
4448for assuring the qualifications of all personnel in all program
4449settings.
4450     d.  Specific eligibility priorities for children within the
4451early learning coalition's county or multicounty region in
4452accordance with subsection (6).
4453     e.  Performance standards and outcome measures adopted by
4454the Agency for Workforce Innovation.
4455     f.  Payment rates adopted by the early learning coalition
4456and approved by the Agency for Workforce Innovation. Payment
4457rates may not have the effect of limiting parental choice or
4458creating standards or levels of services that have not been
4459authorized by the Legislature.
4460     g.  Systems support services, including a central agency,
4461child care resource and referral, eligibility determinations,
4462training of providers, and parent support and involvement.
4463     h.  Direct enhancement services to families and children.
4464System support and direct enhancement services shall be in
4465addition to payments for the placement of children in school
4466readiness programs.
4467     i.  The business organization of the early learning
4468coalition, which must include the coalition's articles of
4469incorporation and bylaws if the coalition is organized as a
4470corporation. If the coalition is not organized as a corporation
4471or other business entity, the plan must include the contract
4472with a fiscal agent. An early learning coalition may contract
4473with other coalitions to achieve efficiency in multicounty
4474services, and these contracts may be part of the coalition's
4475school readiness plan.
4476     j.  Strategies to meet the needs of unique populations,
4477such as migrant workers.
4478
4479As part of the school readiness plan, the early learning
4480coalition may request the Governor to apply for a waiver to
4481allow the coalition to administer the Head Start Program to
4482accomplish the purposes of the school readiness program. If a
4483school readiness plan demonstrates that specific statutory goals
4484can be achieved more effectively by using procedures that
4485require modification of existing rules, policies, or procedures,
4486a request for a waiver to the Agency for Workforce Innovation
4487may be submitted as part of the plan. Upon review, the Agency
4488for Workforce Innovation may grant the proposed modification.
4489     5.  Persons with an early childhood teaching certificate
4490may provide support and supervision to other staff in the school
4491readiness program.
4492     6.  An early learning coalition may not implement its
4493school readiness plan until it submits the plan to and receives
4494approval from the Agency for Workforce Innovation. Once the plan
4495is approved, the plan and the services provided under the plan
4496shall be controlled by the early learning coalition. The plan
4497shall be reviewed and revised as necessary, but at least
4498biennially. An early learning coalition may not implement the
4499revisions until the coalition submits the revised plan to and
4500receives approval from the Agency for Workforce Innovation. If
4501the Agency for Workforce Innovation rejects a revised plan, the
4502coalition must continue to operate under its prior approved
4503plan.
4504     7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
4505apply to an early learning coalition with an approved school
4506readiness plan. To facilitate innovative practices and to allow
4507the regional establishment of school readiness programs, an
4508early learning coalition may apply to the Governor and Cabinet
4509for a waiver of, and the Governor and Cabinet may waive, any of
4510the provisions of ss. 411.223, 411.232, and 1003.54, if the
4511waiver is necessary for implementation of the coalition's school
4512readiness plan.
4513     8.  Two or more counties may join for purposes of planning
4514and implementing a school readiness program.
4515     9.  An early learning coalition may, subject to approval by
4516the Agency for Workforce Innovation as part of the coalition's
4517school readiness plan, receive subsidized child care funds for
4518all children eligible for any federal subsidized child care
4519program.
4520     10.  An early learning coalition may enter into multiparty
4521contracts with multicounty service providers in order to meet
4522the needs of unique populations such as migrant workers.
4523     Section 145.  Paragraph (a) of subsection (3) of section
4524411.232, Florida Statutes, is amended to read:
4525     411.232  Children's Early Investment Program.--
4526     (3)  ESSENTIAL ELEMENTS.--
4527     (a)  Initially, the program shall be directed to geographic
4528areas where at-risk young children and their families are in
4529greatest need because of an unfavorable combination of economic,
4530social, environmental, and health factors, including, without
4531limitation, extensive poverty, high crime rate, great incidence
4532of low birthweight babies, high incidence of alcohol and drug
4533abuse, and high rates of teenage pregnancy. The selection of a
4534geographic site shall also consider the incidence of young
4535children within these at-risk geographic areas who are cocaine
4536babies, children of single mothers who receive temporary cash
4537assistance, children of teenage parents, low birthweight babies,
4538and very young foster children. To receive funding under this
4539section, an agency, board, council, or provider must
4540demonstrate:
4541     1.  Its capacity to administer and coordinate the programs
4542and services in a comprehensive manner and provide a flexible
4543range of services.;
4544     2.  Its capacity to identify and serve those children least
4545able to access existing programs and case management services.;
4546     3.  Its capacity to administer and coordinate the programs
4547and services in an intensive and continuous manner.;
4548     4.  The proximity of its facilities to young children,
4549parents, and other family members to be served by the program,
4550or its ability to provide offsite services.;
4551     5.  Its ability to use existing federal, state, and local
4552governmental programs and services in implementing the
4553investment program.;
4554     6.  Its ability to coordinate activities and services with
4555existing public and private, state and local agencies and
4556programs such as those responsible for health, education, social
4557support, mental health, child care, respite care, housing,
4558transportation, alcohol and drug abuse treatment and prevention,
4559income assistance, employment training and placement, nutrition,
4560and other relevant services, all the foregoing intended to
4561assist children and families at risk.;
4562     7.  How its plan will involve project participants and
4563community representatives in the planning and operation of the
4564investment program.;
4565     8.  Its ability to participate in the evaluation component
4566required in this section.; and
4567     9.  Its consistency with the strategic plan pursuant to s.
4568411.221.
4569     Section 146.  Section 411.242, Florida Statutes, is
4570repealed.
4571     Section 147.  Subsection (8) of section 413.402, Florida
4572Statutes, is amended to read:
4573     413.402  Personal care attendant pilot program.--The
4574Florida Association of Centers for Independent Living shall
4575develop a pilot program to provide personal care attendants to
4576persons who are eligible pursuant to subsection (1). The
4577association shall develop memoranda of understanding with the
4578Department of Revenue, the Brain and Spinal Cord Injury Program
4579in the Department of Health, the Florida Medicaid program in the
4580Agency for Health Care Administration, the Florida Endowment
4581Foundation for Vocational Rehabilitation, and the Division of
4582Vocational Rehabilitation of the Department of Education.
4583     (8)  No later than March 1, 2003, the association shall
4584present to the President of the Senate and to the Speaker of the
4585House of Representatives the implementation plan for the pilot
4586program, a timeline for implementation, estimates of the number
4587of participants to be served, and cost projections for each
4588component of the pilot program. The pilot program shall be
4589implemented beginning July 1, 2003, unless there is specific
4590legislative action to the contrary.
4591     Section 148.  Subsection (3) of section 414.1251, Florida
4592Statutes, is amended to read:
4593     414.1251  Learnfare program.--
4594     (3)  The department shall develop an electronic data
4595transfer system to enable the department to collect, report, and
4596share data accurately and efficiently. In order to ensure
4597accountability and assess the effectiveness of the Learnfare
4598program, the department shall compile information including, but
4599not limited to, the number of students and families reported by
4600school districts as out of compliance, the number of students
4601and families sanctioned as a result, and the number of students
4602and families reinstated after becoming compliant. The
4603information compiled shall be submitted in the form of an annual
4604report to the presiding officers of the Legislature by March 1.
4605     Section 149.  Section 414.14, Florida Statutes, is amended
4606to read:
4607     414.14  Public assistance policy simplification.--To the
4608extent possible, the department shall align the requirements for
4609eligibility under this chapter with the food stamp program and
4610medical assistance eligibility policies and procedures to
4611simplify the budgeting process and reduce errors. If the
4612department determines that s. 414.075, relating to resources, or
4613s. 414.085, relating to income, is inconsistent with related
4614provisions of federal law which govern the food stamp program or
4615medical assistance, and that conformance to federal law would
4616simplify administration of the WAGES Program or reduce errors
4617without materially increasing the cost of the program to the
4618state, the secretary of the department may propose a change in
4619the resource or income requirements of the program by rule. The
4620secretary shall provide written notice to the President of the
4621Senate, the Speaker of the House of Representatives, and the
4622chairpersons of the relevant committees of both houses of the
4623Legislature summarizing the proposed modifications to be made by
4624rule and changes necessary to conform state law to federal law.
4625The proposed rule shall take effect 14 days after written notice
4626is given unless the President of the Senate or the Speaker of
4627the House of Representatives advises the secretary that the
4628proposed rule exceeds the delegated authority of the
4629Legislature.
4630     Section 150.  Subsection (1) of section 414.36, Florida
4631Statutes, is amended to read:
4632     414.36  Public assistance overpayment recovery program;
4633contracts.--
4634     (1)  The department shall develop and implement a plan for
4635the statewide privatization of activities relating to the
4636recovery of public assistance overpayment claims. These
4637activities shall include, at a minimum, voluntary cash
4638collections functions for recovery of fraudulent and
4639nonfraudulent benefits paid to recipients of temporary cash
4640assistance, food stamps, and aid to families with dependent
4641children.
4642     Section 151.  Subsection (3) of section 414.391, Florida
4643Statutes, is amended to read:
4644     414.391  Automated fingerprint imaging.--
4645     (3)  The department shall prepare, by April 1998, a plan
4646for implementation of this program. Implementation shall begin
4647with a pilot of the program in one or more areas of the state by
4648November 1, 1998. Pilot evaluation results shall be used to
4649determine the method of statewide expansion. The priority for
4650use of the savings derived from reducing fraud through this
4651program shall be to expand the program to other areas of the
4652state.
4653     Section 152.  Subsection (6) of section 415.1045, Florida
4654Statutes, is amended to read:
4655     415.1045  Photographs, videotapes, and medical
4656examinations; abrogation of privileged communications;
4657confidential records and documents.--
4658     (6)  WORKING AGREEMENTS.--By March 1, 2004, The department
4659shall enter into working agreements with the jurisdictionally
4660responsible county sheriffs' office or local police department
4661that will be the lead agency when conducting any criminal
4662investigation arising from an allegation of abuse, neglect, or
4663exploitation of a vulnerable adult. The working agreement must
4664specify how the requirements of this chapter will be met. The
4665Office of Program Policy Analysis and Government Accountability
4666shall conduct a review of the efficacy of the agreements and
4667report its findings to the Legislature by March 1, 2005. For the
4668purposes of such agreement, the jurisdictionally responsible law
4669enforcement entity is authorized to share Florida criminal
4670history and local criminal history information that is not
4671otherwise exempt from s. 119.07(1) with the district personnel.
4672A law enforcement entity entering into such agreement must
4673comply with s. 943.0525. Criminal justice information provided
4674by such law enforcement entity shall be used only for the
4675purposes specified in the agreement and shall be provided at no
4676charge. Notwithstanding any other provision of law, the
4677Department of Law Enforcement shall provide to the department
4678electronic access to Florida criminal justice information which
4679is lawfully available and not exempt from s. 119.07(1), only for
4680the purpose of protective investigations and emergency
4681placement. As a condition of access to such information, the
4682department shall be required to execute an appropriate user
4683agreement addressing the access, use, dissemination, and
4684destruction of such information and to comply with all
4685applicable laws and rules of the Department of Law Enforcement.
4686     Section 153.  Subsection (9) of section 420.622, Florida
4687Statutes, is amended to read:
4688     420.622  State Office on Homelessness; Council on
4689Homelessness.--
4690     (9)  The council shall, by December 31 of each year,
4691provide issue to the Governor, the President of the Senate, the
4692Speaker of the House of Representatives, and the Secretary of
4693Children and Family Services an evaluation of the executive
4694director's performance in fulfilling the statutory duties of the
4695office, a report summarizing the status of homelessness in the
4696state and the council's recommendations to the office and the
4697corresponding actions taken by the office, and any
4698recommendations to the Legislature for reducing proposals to
4699reduce homelessness in this state.
4700     Section 154.  Subsection (4) of section 420.623, Florida
4701Statutes, is amended to read:
4702     420.623  Local coalitions for the homeless.--
4703     (4)  ANNUAL REPORTS.--The department shall submit to the
4704Governor, the Speaker of the House of Representatives, and the
4705President of the Senate, by June 30, an annual report consisting
4706of a compilation of data collected by local coalitions, progress
4707made in the development and implementation of local homeless
4708assistance continuums of care plans in each district, local
4709spending plans, programs and resources available at the local
4710level, and recommendations for programs and funding.
4711     Section 155.  Subsection (9) of section 427.704, Florida
4712Statutes, is amended to read:
4713     427.704  Powers and duties of the commission.--
4714     (9)  The commission shall prepare provide to the President
4715of the Senate and to the Speaker of the House of Representatives
4716an annual report on the operation of the telecommunications
4717access system that shall be available on the commission's
4718Internet website. The first report shall be provided no later
4719than January 1, 1992, and successive reports shall be provided
4720by January 1 of each year thereafter. Reports shall be prepared
4721in consultation with the administrator and the advisory
4722committee appointed pursuant to s. 427.706. The reports shall,
4723at a minimum, briefly outline the status of developments of the
4724telecommunications access system, the number of persons served,
4725the call volume, revenues and expenditures, the allocation of
4726the revenues and expenditures between provision of specialized
4727telecommunications devices to individuals and operation of
4728statewide relay service, other major policy or operational
4729issues, and proposals for improvements or changes to the
4730telecommunications access system.
4731     Section 156.  Subsection (2) of section 427.706, Florida
4732Statutes, is amended to read:
4733     427.706  Advisory committee.--
4734     (2)  The advisory committee shall provide the expertise,
4735experience, and perspective of persons who are hearing impaired
4736or speech impaired to the commission and to the administrator
4737during all phases of the development and operation of the
4738telecommunications access system. The advisory committee shall
4739advise the commission and the administrator on any matter
4740relating to the quality and cost-effectiveness of the
4741telecommunications relay service and the specialized
4742telecommunications devices distribution system. The advisory
4743committee may submit material for inclusion in the annual report
4744prepared pursuant to s. 427.704 to the President of the Senate
4745and the Speaker of the House of Representatives.
4746     Section 157.  Subsections (3) through (16) of section
4747430.04, Florida Statutes, are amended to read:
4748     430.04  Duties and responsibilities of the Department of
4749Elderly Affairs.--The Department of Elderly Affairs shall:
4750     (3)  Prepare and submit to the Governor, each Cabinet
4751member, the President of the Senate, the Speaker of the House of
4752Representatives, the minority leaders of the House and Senate,
4753and chairpersons of appropriate House and Senate committees a
4754master plan for policies and programs in the state related to
4755aging. The plan must identify and assess the needs of the
4756elderly population in the areas of housing, employment,
4757education and training, medical care, long-term care, preventive
4758care, protective services, social services, mental health,
4759transportation, and long-term care insurance, and other areas
4760considered appropriate by the department. The plan must assess
4761the needs of particular subgroups of the population and evaluate
4762the capacity of existing programs, both public and private and
4763in state and local agencies, to respond effectively to
4764identified needs. If the plan recommends the transfer of any
4765program or service from the Department of Children and Family
4766Services to another state department, the plan must also include
4767recommendations that provide for an independent third-party
4768mechanism, as currently exists in the Florida advocacy councils
4769established in ss. 402.165 and 402.166, for protecting the
4770constitutional and human rights of recipients of departmental
4771services. The plan must include policy goals and program
4772strategies designed to respond efficiently to current and
4773projected needs. The plan must also include policy goals and
4774program strategies to promote intergenerational relationships
4775and activities. Public hearings and other appropriate processes
4776shall be utilized by the department to solicit input for the
4777development and updating of the master plan from parties
4778including, but not limited to, the following:
4779     (a)  Elderly citizens and their families and caregivers.
4780     (b)  Local-level public and private service providers,
4781advocacy organizations, and other organizations relating to the
4782elderly.
4783     (c)  Local governments.
4784     (d)  All state agencies that provide services to the
4785elderly.
4786     (e)  University centers on aging.
4787     (f)  Area agency on aging and community care for the
4788elderly lead agencies.
4789     (3)(4)  Serve as an information clearinghouse at the state
4790level, and assist local-level information and referral resources
4791as a repository and means for dissemination of information
4792regarding all federal, state, and local resources for assistance
4793to the elderly in the areas of, but not limited to, health,
4794social welfare, long-term care, protective services, consumer
4795protection, education and training, housing, employment,
4796recreation, transportation, insurance, and retirement.
4797     (4)(5)  Recommend guidelines for the development of roles
4798for state agencies that provide services for the aging, review
4799plans of agencies that provide such services, and relay these
4800plans to the Governor, each Cabinet member, the President of the
4801Senate, the Speaker of the House of Representatives, and the
4802minority leaders of the House and Senate, and chairpersons of
4803appropriate House and Senate committees.
4804     (5)(6)  Recommend to the Governor, each Cabinet member, the
4805President of the Senate, the Speaker of the House of
4806Representatives, and the minority leaders of the House and
4807Senate, and chairpersons of appropriate House and Senate
4808committees an organizational framework for the planning,
4809coordination, implementation, and evaluation of programs related
4810to aging, with the purpose of expanding and improving programs
4811and opportunities available to the state's elderly population
4812and enhancing a continuum of long-term care. This framework must
4813assure that:
4814     (a)  Performance objectives are established.
4815     (b)  Program reviews are conducted statewide.
4816     (c)  Each major program related to aging is reviewed every
48173 years.
4818     (d)  Agency budget requests reflect the results and
4819recommendations of such program reviews.
4820     (d)(e)  Program decisions reinforce lead to the distinctive
4821roles established for state agencies that provide aging
4822services.
4823     (6)(7)  Advise the Governor, each Cabinet member, the
4824President of the Senate, the Speaker of the House of
4825Representatives, and the minority leaders of the House and
4826Senate, and the chairpersons of appropriate House and Senate
4827committees regarding the need for and location of programs
4828related to aging.
4829     (7)(8)  Review and coordinate aging research plans of all
4830state agencies to ensure that the conformance of research
4831objectives address to issues and needs of the state's elderly
4832population addressed in the master plan for policies and
4833programs related to aging. The research activities that must be
4834reviewed and coordinated by the department include, but are not
4835limited to, contracts with academic institutions, development of
4836educational and training curriculums, Alzheimer's disease and
4837other medical research, studies of long-term care and other
4838personal assistance needs, and design of adaptive or modified
4839living environments.
4840     (8)(9)  Review budget requests for programs related to
4841aging to ensure the most cost-effective use of state funding for
4842the state's elderly population prior to for compliance with the
4843master plan for policies and programs related to aging before
4844submission to the Governor and the Legislature.
4845     (10)  Update the master plan for policies and programs
4846related to aging every 3 years.
4847     (11)  Review implementation of the master plan for programs
4848and policies related to aging and annually report to the
4849Governor, each Cabinet member, the President of the Senate, the
4850Speaker of the House of Representatives, the minority leaders of
4851the House and Senate, and the chairpersons of appropriate House
4852and Senate committees the progress towards implementation of the
4853plan.
4854     (9)(12)  Request other departments that administer programs
4855affecting the state's elderly population to amend their plans,
4856rules, policies, and research objectives as necessary to ensure
4857that programs and other initiatives are coordinated and maximize
4858the state's efforts to address the needs of the elderly conform
4859with the master plan for policies and programs related to aging.
4860     (10)(13)  Hold public meetings regularly throughout the
4861state for purposes of receiving information and maximizing the
4862visibility of important issues related to aging and the elderly.
4863     (11)(14)  Conduct policy analysis and program evaluation
4864studies assigned by the Legislature.
4865     (12)(15)  Assist the Governor, each Cabinet member, the
4866President of the Senate, the Speaker of the House of
4867Representatives, and the minority leaders of the House and
4868Senate, and the chairpersons of appropriate House and Senate
4869committees in the conduct of their responsibilities in such
4870capacities as they consider appropriate.
4871     (13)(16)  Call upon appropriate agencies of state
4872government for such assistance as is needed in the discharge of
4873its duties. All agencies shall cooperate in assisting the
4874department in carrying out its responsibilities as prescribed by
4875this section. However, no provision of law with respect to
4876confidentiality of information may be violated.
4877     Section 158.  Subsections (3) and (8) of section 430.502,
4878Florida Statutes, are amended to read:
4879     430.502  Alzheimer's disease; memory disorder clinics and
4880day care and respite care programs.--
4881     (3)  The Alzheimer's Disease Advisory Committee shall must
4882evaluate and make recommendations to the department and the
4883Legislature concerning the need for additional memory disorder
4884clinics in the state. The first report will be due by December
488531, 1995.
4886     (8)  The department will implement the waiver program
4887specified in subsection (7). The agency and the department shall
4888ensure that providers are selected that have a history of
4889successfully serving persons with Alzheimer's disease. The
4890department and the agency shall develop specialized standards
4891for providers and services tailored to persons in the early,
4892middle, and late stages of Alzheimer's disease and designate a
4893level of care determination process and standard that is most
4894appropriate to this population. The department and the agency
4895shall include in the waiver services designed to assist the
4896caregiver in continuing to provide in-home care. The department
4897shall implement this waiver program subject to a specific
4898appropriation or as provided in the General Appropriations Act.
4899The department and the agency shall submit their program design
4900to the President of the Senate and the Speaker of the House of
4901Representatives for consultation during the development process.
4902     Section 159.  Paragraph (a) of subsection (3) and paragraph
4903(c) of subsection (4) of section 445.003, Florida Statutes, are
4904amended to read:
4905     445.003  Implementation of the federal Workforce Investment
4906Act of 1998.--
4907     (3)  FUNDING.--
4908     (a)  Title I, Workforce Investment Act of 1998 funds;
4909Wagner-Peyser funds; and NAFTA/Trade Act funds will be expended
4910based on the 5-year plan of Workforce Florida, Inc. The plan
4911shall outline and direct the method used to administer and
4912coordinate various funds and programs that are operated by
4913various agencies. The following provisions shall also apply to
4914these funds:
4915     1.  At least 50 percent of the Title I funds for Adults and
4916Dislocated Workers that are passed through to regional workforce
4917boards shall be allocated to Individual Training Accounts unless
4918a regional workforce board obtains a waiver from Workforce
4919Florida, Inc. Tuition, fees, and performance-based incentive
4920awards paid in compliance with Florida's Performance-Based
4921Incentive Fund Program qualify as an Individual Training Account
4922expenditure, as do other programs developed by regional
4923workforce boards in compliance with policies of Workforce
4924Florida, Inc.
4925     2.  Fifteen percent of Title I funding shall be retained at
4926the state level and shall be dedicated to state administration
4927and used to design, develop, induce, and fund innovative
4928Individual Training Account pilots, demonstrations, and
4929programs. Of such funds retained at the state level, $2 million
4930shall be reserved for the Incumbent Worker Training Program,
4931created under subparagraph 3. Eligible state administration
4932costs include the costs of: funding for the board and staff of
4933Workforce Florida, Inc.; operating fiscal, compliance, and
4934management accountability systems through Workforce Florida,
4935Inc.; conducting evaluation and research on workforce
4936development activities; and providing technical and capacity
4937building assistance to regions at the direction of Workforce
4938Florida, Inc. Notwithstanding s. 445.004, such administrative
4939costs shall not exceed 25 percent of these funds. An amount not
4940to exceed 75 percent of these funds shall be allocated to
4941Individual Training Accounts and other workforce development
4942strategies for: the Minority Teacher Education Scholars program,
4943the Certified Teacher-Aide program, the Self-Employment
4944Institute, and other training designed and tailored by Workforce
4945Florida, Inc., including, but not limited to, programs for
4946incumbent workers, displaced homemakers, nontraditional
4947employment, empowerment zones, and enterprise zones. Workforce
4948Florida, Inc., shall design, adopt, and fund Individual Training
4949Accounts for distressed urban and rural communities.
4950     3.  The Incumbent Worker Training Program is created for
4951the purpose of providing grant funding for continuing education
4952and training of incumbent employees at existing Florida
4953businesses. The program will provide reimbursement grants to
4954businesses that pay for preapproved, direct, training-related
4955costs.
4956     a.  The Incumbent Worker Training Program will be
4957administered by Workforce Florida, Inc. Workforce Florida, Inc.,
4958at its discretion, may contract with a private business
4959organization to serve as grant administrator.
4960     b.  To be eligible for the program's grant funding, a
4961business must have been in operation in Florida for a minimum of
49621 year prior to the application for grant funding; have at least
4963one full-time employee; demonstrate financial viability; and be
4964current on all state tax obligations. Priority for funding shall
4965be given to businesses with 25 employees or fewer, businesses in
4966rural areas, businesses in distressed inner-city areas,
4967businesses in a qualified targeted industry, businesses whose
4968grant proposals represent a significant upgrade in employee
4969skills, or businesses whose grant proposals represent a
4970significant layoff avoidance strategy.
4971     c.  All costs reimbursed by the program must be preapproved
4972by Workforce Florida, Inc., or the grant administrator. The
4973program will not reimburse businesses for trainee wages, the
4974purchase of capital equipment, or the purchase of any item or
4975service that may possibly be used outside the training project.
4976A business approved for a grant may be reimbursed for
4977preapproved, direct, training-related costs including tuition
4978and fees; books and classroom materials; and overhead or
4979indirect costs not to exceed 5 percent of the grant amount.
4980     d.  A business that is selected to receive grant funding
4981must provide a matching contribution to the training project,
4982including, but not limited to, wages paid to trainees or the
4983purchase of capital equipment used in the training project; must
4984sign an agreement with Workforce Florida, Inc., or the grant
4985administrator to complete the training project as proposed in
4986the application; must keep accurate records of the project's
4987implementation process; and must submit monthly or quarterly
4988reimbursement requests with required documentation.
4989     e.  All Incumbent Worker Training Program grant projects
4990shall be performance-based with specific measurable performance
4991outcomes, including completion of the training project and job
4992retention. Workforce Florida, Inc., or the grant administrator
4993shall withhold the final payment to the grantee until a final
4994grant report is submitted and all performance criteria specified
4995in the grant contract have been achieved.
4996     f.  Workforce Florida, Inc., may establish guidelines
4997necessary to implement the Incumbent Worker Training Program.
4998     g.  No more than 10 percent of the Incumbent Worker
4999Training Program's total appropriation may be used for overhead
5000or indirect purposes.
5001     h.  Workforce Florida, Inc., shall submit a report to the
5002Legislature on the financial and general operations of the
5003Incumbent Worker Training Program as part of its annual report
5004submitted pursuant to s. 445.004. Such report will be due before
5005October 1 of any fiscal year for which the program is funded by
5006the Legislature.
5007     4.  At least 50 percent of Rapid Response funding shall be
5008dedicated to Intensive Services Accounts and Individual Training
5009Accounts for dislocated workers and incumbent workers who are at
5010risk of dislocation. Workforce Florida, Inc., shall also
5011maintain an Emergency Preparedness Fund from Rapid Response
5012funds which will immediately issue Intensive Service Accounts
5013and Individual Training Accounts as well as other federally
5014authorized assistance to eligible victims of natural or other
5015disasters. At the direction of the Governor, for events that
5016qualify under federal law, these Rapid Response funds shall be
5017released to regional workforce boards for immediate use. Funding
5018shall also be dedicated to maintain a unit at the state level to
5019respond to Rapid Response emergencies around the state, to work
5020with state emergency management officials, and to work with
5021regional workforce boards. All Rapid Response funds must be
5022expended based on a plan developed by Workforce Florida, Inc.,
5023and approved by the Governor.
5024     (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
5025MODIFICATIONS.--
5026     (c)  Workforce Florida, Inc., may make modifications to the
5027state's plan, policies, and procedures to comply with federally
5028mandated requirements that in its judgment must be complied with
5029to maintain funding provided pursuant to Pub. L. No. 105-220.
5030The board shall notify in writing the Governor, the President of
5031the Senate, and the Speaker of the House of Representatives
5032within 30 days after any such changes or modifications.
5033     Section 160.  Paragraph (a) of subsection (3) of section
5034445.004, Florida Statutes, is amended to read:
5035     445.004  Workforce Florida, Inc.; creation; purpose;
5036membership; duties and powers.--
5037     (3)(a)  Workforce Florida, Inc., shall be governed by a
5038board of directors, the number of directors to be determined by
5039the Governor, whose membership and appointment must be
5040consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
5041contain one member representing the licensed nonpublic
5042postsecondary educational institutions authorized as individual
5043training account providers, one member from the staffing service
5044industry, at least one member who is a current or former
5045recipient of welfare transition services as defined in s.
5046445.002(3) or workforce services as provided in s. 445.009(1),
5047and five representatives of organized labor who shall be
5048appointed by the Governor. Notwithstanding s. 114.05(1)(f), the
5049Governor may appoint remaining members to Workforce Florida,
5050Inc., from the current Workforce Development Board and the WAGES
5051Program State Board of Directors, established pursuant to
5052chapter 96-175, Laws of Florida, to serve on the reconstituted
5053board. By July 1, 2000, the Workforce Development Board will
5054provide to the Governor a transition plan to incorporate the
5055changes required by this act and Pub. L. No. 105-220, specifying
5056the manner of changes to the board. This plan shall govern the
5057transition, unless otherwise notified by the Governor. The
5058importance of minority, gender, and geographic representation
5059shall be considered when making appointments to the board.
5060     Section 161.  Subsection (1) and paragraph (a) of
5061subsection (6) of section 445.006, Florida Statutes, are amended
5062to read:
5063     445.006  Strategic plan for workforce development.--
5064     (1)  Workforce Florida, Inc., in conjunction with state and
5065local partners in the workforce system, shall develop a
5066strategic plan for workforce, with the goal of producing skilled
5067employees for employers in the state. The strategic plan shall
5068be submitted to the Governor, the President of the Senate, and
5069the Speaker of the House of Representatives by February 1, 2001.
5070The strategic plan shall be updated or modified by January 1 of
5071each year thereafter. The plan must include, but need not be
5072limited to, strategies for:
5073     (a)  Fulfilling the workforce system goals and strategies
5074prescribed in s. 445.004;
5075     (b)  Aggregating, integrating, and leveraging workforce
5076system resources;
5077     (c)  Coordinating the activities of federal, state, and
5078local workforce system partners;
5079     (d)  Addressing the workforce needs of small businesses;
5080and
5081     (e)  Fostering the participation of rural communities and
5082distressed urban cores in the workforce system.
5083     (6)(a)  The strategic plan must include strategies that are
5084designed to prevent or reduce the need for a person to receive
5085public assistance. These strategies must include:
5086     1.  A teen pregnancy prevention component that includes,
5087but is not limited to, a plan for implementing the Florida
5088Education Now and Babies Later (ENABL) program under s. 411.242
5089and the Teen Pregnancy Prevention Community Initiative within
5090each county of the services area in which the teen birth rate is
5091higher than the state average;
5092     2.  A component that encourages creation of community-based
5093welfare prevention and reduction initiatives that increase
5094support provided by noncustodial parents to their welfare-
5095dependent children and are consistent with program and financial
5096guidelines developed by Workforce Florida, Inc., and the
5097Commission on Responsible Fatherhood. These initiatives may
5098include, but are not limited to, improved paternity
5099establishment, work activities for noncustodial parents,
5100programs aimed at decreasing out-of-wedlock pregnancies,
5101encouraging involvement of fathers with their children including
5102court-ordered supervised visitation, and increasing child
5103support payments;
5104     3.  A component that encourages formation and maintenance
5105of two-parent families through, among other things, court-
5106ordered supervised visitation;
5107     4.  A component that fosters responsible fatherhood in
5108families receiving assistance; and
5109     5.  A component that fosters provision of services that
5110reduce the incidence and effects of domestic violence on women
5111and children in families receiving assistance.
5112     Section 162.  Subsection (4) of section 445.022, Florida
5113Statutes, is amended to read:
5114     445.022  Retention Incentive Training Accounts.--To promote
5115job retention and to enable upward job advancement into higher
5116skilled, higher paying employment, the board of directors of
5117Workforce Florida, Inc., and regional workforce boards may
5118assemble, from postsecondary education institutions, a list of
5119programs and courses for participants who have become employed
5120which promote job retention and advancement.
5121     (4)  Regional workforce boards shall report annually to the
5122Legislature on the measurable retention and advancement success
5123of each program provider and the effectiveness of RITAs, making
5124recommendations for any needed changes or modifications.
5125     Section 163.  Subsection (9) of section 445.049, Florida
5126Statutes, is amended to read:
5127     445.049  Digital Divide Council.--
5128     (9)  ANNUAL REPORT.--By March 1, 2002, the council, through
5129the State Technology Office, shall report to the Executive
5130Office of the Governor, the Speaker of the House of
5131Representatives, and the President of the Senate the results of
5132the council's monitoring, reviewing, and evaluating such
5133programs since their inception and the council's recommendations
5134as to whether such programs should be continued and expanded to
5135achieve the objectives and goals stated in this section.
5136     Section 164.  Section 446.27, Florida Statutes, is
5137repealed.
5138     Section 165.  Paragraphs (a) and (c) of subsection (4) of
5139section 446.50, Florida Statutes, are amended to read:
5140     446.50  Displaced homemakers; multiservice programs; 3-year
5141plan report to the Legislature; Displaced Homemaker Trust Fund
5142created.--
5143     (4)  STATE PLAN.--
5144     (a)  The Agency for Workforce Innovation shall develop a
51453-year state plan for the displaced homemaker program which
5146shall be updated annually and submitted to the President of the
5147Senate and the Speaker of the House of Representative by January
51481. The plan must address, at a minimum, the need for programs
5149specifically designed to serve displaced homemakers, any
5150necessary service components for such programs in addition to
5151those enumerated in this section, goals of the displaced
5152homemaker program with an analysis of the extent to which those
5153goals are being met, and recommendations for ways to address any
5154unmet program goals. Any request for funds for program expansion
5155must be based on the state plan.
5156     (c)  The 3-year state plan must be submitted to the
5157President of the Senate, the Speaker of the House of
5158Representatives, and the Governor on or before January 1, 2001,
5159and annual updates of the plan must be submitted by January 1 of
5160each subsequent year.
5161     Section 166.  Section 455.204, Florida Statutes, is
5162repealed.
5163     Section 167.  Subsection (8) of section 455.2226, Florida
5164Statutes, is amended to read:
5165     455.2226  Funeral directors and embalmers; instruction on
5166HIV and AIDS.--
5167     (8)  The board shall report to the Legislature by March 1
5168of each year as to the implementation and compliance with the
5169requirements of this section.
5170     Section 168.  Subsections (4) and (6) of section 455.2228,
5171Florida Statutes, are amended to read:
5172     455.2228  Barbers and cosmetologists; instruction on HIV
5173and AIDS.--
5174     (4)  As of December 31, 1992, The board, or the department
5175where there is no board, shall require, as a condition of
5176granting a license under any of the chapters or parts thereof
5177specified in subsection (1), that an applicant making initial
5178application for licensure complete an educational course
5179acceptable to the board, or the department where there is no
5180board, on human immunodeficiency virus and acquired immune
5181deficiency syndrome. An applicant who has not taken a course at
5182the time of licensure shall, upon an affidavit showing good
5183cause, be allowed 6 months to complete this requirement.
5184     (6)  The board, or the department where there is no board,
5185shall report to the Legislature by March 1 of each year as to
5186the implementation and compliance with the requirements of this
5187section.
5188     Section 169.  Section 456.005, Florida Statutes, is amended
5189to read:
5190     456.005  Long-range policy planning; plans, reports, and
5191recommendations.--To facilitate efficient and cost-effective
5192regulation, the department and the board, where appropriate,
5193shall develop and implement a long-range policy planning and
5194monitoring process to include recommendations specific to each
5195profession. Such process shall include estimates of revenues,
5196expenditures, cash balances, and performance statistics for each
5197profession. The period covered shall not be less than 5 years.
5198The department, with input from the boards and licensees, shall
5199develop and adopt the long-range plan and must obtain the
5200approval of the secretary. The department shall monitor
5201compliance with the approved long-range plan and, with input
5202from the boards and licensees, shall annually update the plans
5203for approval by the secretary. The department shall provide
5204concise management reports to the boards quarterly. As part of
5205the review process, the department shall evaluate:
5206     (1)  Whether the department, including the boards and the
5207various functions performed by the department, is operating
5208efficiently and effectively and if there is a need for a board
5209or council to assist in cost-effective regulation.
5210     (2)  How and why the various professions are regulated.
5211     (3)  Whether there is a need to continue regulation, and to
5212what degree.
5213     (4)  Whether or not consumer protection is adequate, and
5214how it can be improved.
5215     (5)  Whether there is consistency between the various
5216practice acts.
5217     (6)  Whether unlicensed activity is adequately enforced.
5218
5219Such plans should include conclusions and recommendations on
5220these and other issues as appropriate. Such plans shall be
5221provided to the Governor and the Legislature by November 1 of
5222each year.
5223     Section 170.  Subsection (9) of section 456.025, Florida
5224Statutes, is amended to read:
5225     456.025  Fees; receipts; disposition.--
5226     (9)  The department shall provide a condensed management
5227report of revenues and expenditures budgets, finances,
5228performance measures statistics, and recommendations to each
5229board at least once a quarter. The department shall identify and
5230include in such presentations any changes, or projected changes,
5231made to the board's budget since the last presentation.
5232     Section 171.  Subsection (5) of section 456.031, Florida
5233Statutes, is amended to read:
5234     456.031  Requirement for instruction on domestic
5235violence.--
5236     (5)  Each board shall report to the President of the
5237Senate, the Speaker of the House of Representatives, and the
5238chairs of the appropriate substantive committees of the
5239Legislature by March 1 of each year as to the implementation of
5240and compliance with the requirements of this section.
5241     Section 172.  Subsection (8) of section 456.033, Florida
5242Statutes, is amended to read:
5243     456.033  Requirement for instruction for certain licensees
5244on HIV and AIDS.--
5245     (8)  The board shall report to the Legislature by March 1
5246of each year as to the implementation and compliance with the
5247requirements of this section.
5248     Section 173.  Subsection (6) of section 456.034, Florida
5249Statutes, is amended to read:
5250     456.034  Athletic trainers and massage therapists;
5251requirement for instruction on HIV and AIDS.--
5252     (6)  The board, or the department where there is no board,
5253shall report to the Legislature by March 1 of each year as to
5254the implementation and compliance with the requirements of this
5255section.
5256     Section 174.  Subsections (3) and (4) of section 517.302,
5257Florida Statutes, are amended to read:
5258     517.302  Criminal penalties; alternative fine; Anti-Fraud
5259Trust Fund; time limitation for criminal prosecution.--
5260     (3)  In lieu of a fine otherwise authorized by law, a
5261person who has been convicted of or who has pleaded guilty or no
5262contest to having engaged in conduct in violation of the
5263provisions of this chapter may be sentenced to pay a fine that
5264does not exceed the greater of three times the gross value
5265gained or three times the gross loss caused by such conduct,
5266plus court costs and the costs of investigation and prosecution
5267reasonably incurred.
5268     (4)(a)  There is created within the office a trust fund to
5269be known as the Anti-Fraud Trust Fund. Any amounts assessed as
5270costs of investigation and prosecution under this subsection
5271shall be deposited in the trust fund. Funds deposited in such
5272trust fund shall be used, when authorized by appropriation, for
5273investigation and prosecution of administrative, civil, and
5274criminal actions arising under the provisions of this chapter.
5275Funds may also be used to improve the public's awareness and
5276understanding of prudent investing.
5277     (b)  The office shall report to the Executive Office of the
5278Governor annually by November 15, the amounts deposited into the
5279Anti-Fraud Trust Fund during the previous fiscal year. The
5280Executive Office of the Governor shall distribute these reports
5281to the President of the Senate and the Speaker of the House of
5282Representatives.
5283     (5)(4)  Criminal prosecution for offenses under this
5284chapter is subject to the time limitations of s. 775.15.
5285     Section 175.  Section 526.3135, Florida Statutes, is
5286repealed.
5287     Section 176.  Subsection (3) of section 531.415, Florida
5288Statutes, is amended to read:
5289     531.415  Fees.--
5290     (3)  The department shall notify the Legislature when the
5291fees provided in this section are no longer sufficient to cover
5292the direct and indirect costs of tests and calibrations
5293described in this section.
5294     Section 177.  Section 553.975, Florida Statutes, is
5295repealed.
5296     Section 178.  Subsection (3) of section 570.0705, Florida
5297Statutes, is amended to read:
5298     570.0705  Advisory committees.--From time to time the
5299commissioner may appoint any advisory committee to assist the
5300department with its duties and responsibilities.
5301     (3)  On January 1 of each year the commissioner shall
5302submit to the President of the Senate, the Speaker of the House
5303of Representatives, and the minority leaders of the Senate and
5304the House of Representatives a list of each advisory committee
5305established in the department.
5306     Section 179.  Subsection (5) of section 570.0725, Florida
5307Statutes, is amended to read:
5308     570.0725  Food recovery; legislative intent; department
5309functions.--
5310     (5)  The department shall account for the direct and
5311indirect costs associated with supporting food recovery programs
5312throughout the state. It shall submit a report to the President
5313of the Senate and the Speaker of the House of Representatives by
5314November 1, for the previous fiscal year, when state funds are
5315spent for this purpose. The report must include, but need not be
5316limited to, the identity of organizations receiving funds, the
5317amount of funds disbursed to these organizations, other uses of
5318food recovery funds, and estimates of the amount of fresh
5319produce recovered.
5320     Section 180.  Subsection (3) of section 570.235, Florida
5321Statutes, is amended to read:
5322     570.235  Pest Exclusion Advisory Committee.--
5323     (3)  The committee shall issue a report of its findings to
5324the Commissioner of Agriculture, the Governor, the Speaker of
5325the House of Representatives, and the President of the Senate by
5326January 1, 2001.
5327     Section 181.  Subsection (3) of section 570.543, Florida
5328Statutes, is amended to read:
5329     570.543  Florida Consumers' Council.--The Florida
5330Consumers' Council in the department is created to advise and
5331assist the department in carrying out its duties.
5332     (3)  RECOMMENDATIONS.--The council shall transmit a written
5333summary of its legislative recommendations to the President of
5334the Senate and the Speaker of the House of Representatives at
5335least 60 days prior to the regular legislative session.
5336Recommendations regarding legislation which has been filed shall
5337be submitted within 30 days after the commencement of a
5338legislative session.
5339     Section 182.  Subsection (5) of section 570.952, Florida
5340Statutes, is amended to read:
5341     570.952  Florida Agriculture Center and Horse Park
5342Authority.--
5343     (5)  The commissioner shall submit information annually to
5344the Speaker of the House of Representatives and the President of
5345the Senate reporting the activities of the Florida Agriculture
5346Center and Horse Park Authority and the progress of the Florida
5347Agriculture Center and Horse Park, including, but not limited
5348to, pertinent planning, budgeting, and operational information
5349concerning the authority.
5350     Section 183.  Section 603.204, Florida Statutes, is amended
5351to read:
5352     603.204  South Florida Tropical Fruit Plan.--
5353     (1)  The Commissioner of Agriculture, in consultation with
5354the Tropical Fruit Advisory Council, shall develop and update,
5355at least 90 days prior to the 1991 legislative session, submit
5356to the President of the Senate, the Speaker of the House of
5357Representatives, and the chairs of appropriate Senate and House
5358of Representatives committees, a South Florida Tropical Fruit
5359Plan, which shall identify problems and constraints of the
5360tropical fruit industry, propose possible solutions to such
5361problems, and develop planning mechanisms for orderly growth of
5362the industry, including:
5363     (1)(a)  Criteria for tropical fruit research, service, and
5364management priorities.
5365     (2)(b)  Additional Proposed legislation which may be
5366required.
5367     (3)(c)  Plans relating to other tropical fruit programs and
5368related disciplines in the State University System.
5369     (4)(d)  Potential tropical fruit products in terms of
5370market and needs for development.
5371     (5)(e)  Evaluation of production and fresh fruit policy
5372alternatives, including, but not limited to, setting minimum
5373grades and standards, promotion and advertising, development of
5374production and marketing strategies, and setting minimum
5375standards on types and quality of nursery plants.
5376     (6)(f)  Evaluation of policy alternatives for processed
5377tropical fruit products, including, but not limited to, setting
5378minimum quality standards and development of production and
5379marketing strategies.
5380     (7)(g)  Research and service priorities for further
5381development of the tropical fruit industry.
5382     (8)(h)  Identification of state agencies and public and
5383private institutions concerned with research, education,
5384extension, services, planning, promotion, and marketing
5385functions related to tropical fruit development, and delineation
5386of contributions and responsibilities. The recommendations in
5387the South Florida Tropical Fruit plan relating to education or
5388research shall be submitted to the Institute of Food and
5389Agricultural Sciences. The recommendations relating to
5390regulation or marketing shall be submitted to the Department of
5391Agriculture and Consumer Services.
5392     (9)(i)  Business planning, investment potential, financial
5393risks, and economics of production and utilization.
5394     (2)  A revision and update of the South Florida Tropical
5395Fruit Plan shall be submitted biennially, and a progress report
5396and budget request shall be submitted annually, to the officials
5397specified in subsection (1).
5398     Section 184.  Paragraph (d) of subsection (6) of section
5399627.351, Florida Statutes, is amended to read:
5400     627.351  Insurance risk apportionment plans.--
5401     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
5402     (d)1.  It is the intent of the Legislature that the rates
5403for coverage provided by the corporation be actuarially sound
5404and not competitive with approved rates charged in the admitted
5405voluntary market, so that the corporation functions as a
5406residual market mechanism to provide insurance only when the
5407insurance cannot be procured in the voluntary market. Rates
5408shall include an appropriate catastrophe loading factor that
5409reflects the actual catastrophic exposure of the corporation.
5410     2.  For each county, the average rates of the corporation
5411for each line of business for personal lines residential
5412policies excluding rates for wind-only policies shall be no
5413lower than the average rates charged by the insurer that had the
5414highest average rate in that county among the 20 insurers with
5415the greatest total direct written premium in the state for that
5416line of business in the preceding year, except that with respect
5417to mobile home coverages, the average rates of the corporation
5418shall be no lower than the average rates charged by the insurer
5419that had the highest average rate in that county among the 5
5420insurers with the greatest total written premium for mobile home
5421owner's policies in the state in the preceding year.
5422     3.  Rates for personal lines residential wind-only policies
5423must be actuarially sound and not competitive with approved
5424rates charged by authorized insurers. However, for personal
5425lines residential wind-only policies issued or renewed between
5426July 1, 2002, and June 30, 2003, the maximum premium increase
5427must be no greater than 10 percent of the Florida Windstorm
5428Underwriting Association premium for that policy in effect on
5429June 30, 2002, as adjusted for coverage changes and seasonal
5430occupancy surcharges. For personal lines residential wind-only
5431policies issued or renewed between July 1, 2003, and June 30,
54322004, the corporation shall use its existing filed and approved
5433wind-only rating and classification plans, provided, however,
5434that the maximum premium increase must be no greater than 20
5435percent of the premium for that policy in effect on June 30,
54362003, as adjusted for coverage changes and seasonal occupancy
5437surcharges. Corporation rate manuals shall include a rate
5438surcharge for seasonal occupancy. To ensure that personal lines
5439residential wind-only rates effective on or after July 1, 2004,
5440are not competitive with approved rates charged by authorized
5441insurers, the corporation, in conjunction with the office, shall
5442develop a wind-only ratemaking methodology, which methodology
5443shall be contained in a rate filing made by the corporation with
5444the office by January 1, 2004. If the office thereafter
5445determines that the wind-only rates or rating factors filed by
5446the corporation fail to comply with the wind-only ratemaking
5447methodology provided for in this subsection, it shall so notify
5448the corporation and require the corporation to amend its rates
5449or rating factors to come into compliance within 90 days of
5450notice from the office. The office shall report to the Speaker
5451of the House of Representatives and the President of the Senate
5452on the provisions of the wind-only ratemaking methodology by
5453January 31, 2004.
5454     4.  Rates for commercial lines coverage shall not be
5455subject to the requirements of subparagraph 2., but shall be
5456subject to all other requirements of this paragraph and s.
5457627.062.
5458     5.  Nothing in this paragraph shall require or allow the
5459corporation to adopt a rate that is inadequate under s. 627.062.
5460     6.  The corporation shall certify to the office at least
5461twice annually that its personal lines rates comply with the
5462requirements of subparagraphs 1. and 2. If any adjustment in the
5463rates or rating factors of the corporation is necessary to
5464ensure such compliance, the corporation shall make and implement
5465such adjustments and file its revised rates and rating factors
5466with the office. If the office thereafter determines that the
5467revised rates and rating factors fail to comply with the
5468provisions of subparagraphs 1. and 2., it shall notify the
5469corporation and require the corporation to amend its rates or
5470rating factors in conjunction with its next rate filing. The
5471office must notify the corporation by electronic means of any
5472rate filing it approves for any insurer among the insurers
5473referred to in subparagraph 2.
5474     7.  In addition to the rates otherwise determined pursuant
5475to this paragraph, the corporation shall impose and collect an
5476amount equal to the premium tax provided for in s. 624.509 to
5477augment the financial resources of the corporation.
5478     8.a.  To assist the corporation in developing additional
5479ratemaking methods to assure compliance with subparagraphs 1.
5480and 4., the corporation shall appoint a rate methodology panel
5481consisting of one person recommended by the Florida Association
5482of Insurance Agents, one person recommended by the Professional
5483Insurance Agents of Florida, one person recommended by the
5484Florida Association of Insurance and Financial Advisors, one
5485person recommended by the insurer with the highest voluntary
5486market share of residential property insurance business in the
5487state, one person recommended by the insurer with the second-
5488highest voluntary market share of residential property insurance
5489business in the state, one person recommended by an insurer
5490writing commercial residential property insurance in this state,
5491one person recommended by the Office of Insurance Regulation,
5492and one board member designated by the board chairman, who shall
5493serve as chairman of the panel.
5494     b.  By January 1, 2004, the rate methodology panel shall
5495provide a report to the corporation of its findings and
5496recommendations for the use of additional ratemaking methods and
5497procedures, including the use of a rate equalization surcharge
5498in an amount sufficient to assure that the total cost of
5499coverage for policyholders or applicants to the corporation is
5500sufficient to comply with subparagraph 1.
5501     c.  Within 30 days after such report, the corporation shall
5502present to the President of the Senate, the Speaker of the House
5503of Representatives, the minority party leaders of each house of
5504the Legislature, and the chairs of the standing committees of
5505each house of the Legislature having jurisdiction of insurance
5506issues, a plan for implementing the additional ratemaking
5507methods and an outline of any legislation needed to facilitate
5508use of the new methods.
5509     d.  The plan must include a provision that producer
5510commissions paid by the corporation shall not be calculated in
5511such a manner as to include any rate equalization surcharge.
5512However, without regard to the plan to be developed or its
5513implementation, producer commissions paid by the corporation for
5514each account, other than the quota share primary program, shall
5515remain fixed as to percentage, effective rate, calculation, and
5516payment method until January 1, 2004.
5517     8.9.  By January 1, 2004, the corporation shall develop a
5518notice to policyholders or applicants that the rates of Citizens
5519Property Insurance Corporation are intended to be higher than
5520the rates of any admitted carrier and providing other
5521information the corporation deems necessary to assist consumers
5522in finding other voluntary admitted insurers willing to insure
5523their property.
5524     Section 185.  Subsection (6) of section 627.64872, Florida
5525Statutes, is amended to read:
5526     627.64872  Florida Health Insurance Plan.--
5527     (6)  INTERIM REPORT; ANNUAL REPORT.--
5528     (a)  By no later than December 1, 2004, the board shall
5529report to the Governor, the President of the Senate, and the
5530Speaker of the House of Representatives the results of an
5531actuarial study conducted by the board to determine, including,
5532but not limited to:
5533     1.  The impact the creation of the plan will have on the
5534small group insurance market and the individual market on
5535premiums paid by insureds. This shall include an estimate of the
5536total anticipated aggregate savings for all small employers in
5537the state.
5538     2.  The number of individuals the pool could reasonably
5539cover at various funding levels, specifically, the number of
5540people the pool may cover at each of those funding levels.
5541     3.  A recommendation as to the best source of funding for
5542the anticipated deficits of the pool.
5543     4.  The effect on the individual and small group market by
5544including in the Florida Health Insurance Plan persons eligible
5545for coverage under s. 627.6487, as well as the cost of including
5546these individuals.
5547
5548The board shall take no action to implement the Florida Health
5549Insurance Plan, other than the completion of the actuarial study
5550authorized in this paragraph, until funds are appropriated for
5551startup cost and any projected deficits.
5552     (b)  No later than December 1, 2005, and annually
5553thereafter, the board shall submit to the Governor, the
5554President of the Senate, the Speaker of the House of
5555Representatives, and the substantive legislative committees of
5556the Legislature a report which includes an independent actuarial
5557study to determine, including, but not be limited to:
5558     (a)1.  The impact the creation of the plan has on the small
5559group and individual insurance market, specifically on the
5560premiums paid by insureds. This shall include an estimate of the
5561total anticipated aggregate savings for all small employers in
5562the state.
5563     (b)2.  The actual number of individuals covered at the
5564current funding and benefit level, the projected number of
5565individuals that may seek coverage in the forthcoming fiscal
5566year, and the projected funding needed to cover anticipated
5567increase or decrease in plan participation.
5568     (c)3.  A recommendation as to the best source of funding
5569for the anticipated deficits of the pool.
5570     (d)4.  A summarization of the activities of the plan in the
5571preceding calendar year, including the net written and earned
5572premiums, plan enrollment, the expense of administration, and
5573the paid and incurred losses.
5574     (e)5.  A review of the operation of the plan as to whether
5575the plan has met the intent of this section.
5576
5577The board shall take no action to implement the Florida Health
5578Insurance Plan, other than the completion of the actuarial study
5579authorized in this subsection, until funds are appropriated for
5580startup costs and any projected deficits.
5581     Section 186.  Subsection (2) of section 744.7021, Florida
5582Statutes, is amended to read:
5583     744.7021  Statewide Public Guardianship Office.--There is
5584hereby created the Statewide Public Guardianship Office within
5585the Department of Elderly Affairs.
5586     (2)  The executive director shall, within available
5587resources, have oversight responsibilities for all public
5588guardians.
5589     (a)  The executive director shall review the current public
5590guardian programs in Florida and other states.
5591     (b)  The executive director, in consultation with local
5592guardianship offices, shall develop statewide performance
5593measures and standards.
5594     (c)  The executive director shall review the various
5595methods of funding guardianship programs, the kinds of services
5596being provided by such programs, and the demographics of the
5597wards. In addition, the executive director shall review and make
5598recommendations regarding the feasibility of recovering a
5599portion or all of the costs of providing public guardianship
5600services from the assets or income of the wards.
5601     (d)  By January 1, 2004, and by January 1 of each year
5602thereafter, the executive director shall provide a status report
5603and provide further recommendations to the secretary that
5604address the need for public guardianship services and related
5605issues.
5606     (d)(e)  The executive director may provide assistance to
5607local governments or entities in pursuing grant opportunities.
5608The executive director shall evaluate review and make
5609recommendations in the annual report on the availability and
5610efficacy of seeking Medicaid matching funds. The executive
5611director shall diligently seek ways to use existing programs and
5612services to meet the needs of public wards.
5613     (e)(f)  The executive director, in consultation with the
5614Florida Guardianship Foundation, shall develop a guardianship
5615training program curriculum that may be offered to all guardians
5616whether public or private.
5617     (f)  The executive director shall provide an annual status
5618report to the secretary that includes policy and legislative
5619recommendations relating to the provision of public
5620guardianship.
5621     Section 187.  Subsections (5) and (7) of section 744.708,
5622Florida Statutes, are amended to read:
5623     744.708  Reports and standards.--
5624     (5)  An independent audit of each public guardian office by
5625a qualified certified public accountant shall be conducted by an
5626independent certified public accountant licensed under chapter
5627473 performed at least every 2 years. The audit should include
5628an investigation into the practices of the office for managing
5629the person and property of the wards. A copy of the report shall
5630be submitted to the Statewide Public Guardianship Office. In
5631addition, the office of public guardian shall be subject to
5632audits or examinations by the Auditor General and the Office of
5633Program Policy Analysis and Government Accountability pursuant
5634to law.
5635     (7)  The ratio for professional staff to wards shall be 1
5636professional to 40 wards. The Statewide Public Guardianship
5637Office may increase or decrease the ratio after consultation
5638with the local public guardian and the chief judge of the
5639circuit court. The basis of the decision to increase or decrease
5640the prescribed ratio shall be reported in the annual report to
5641the Governor, the President of the Senate, the Speaker of the
5642House of Representatives, and the Chief Justice of the Supreme
5643Court.
5644     Section 188.  Subsection (3) of section 765.5215, Florida
5645Statutes, is amended to read:
5646     765.5215  Education program relating to anatomical
5647gifts.--The Agency for Health Care Administration, subject to
5648the concurrence of the Department of Highway Safety and Motor
5649Vehicles, shall develop a continuing program to educate and
5650inform medical professionals, law enforcement agencies and
5651officers, high school children, state and local government
5652employees, and the public regarding the laws of this state
5653relating to anatomical gifts and the need for anatomical gifts.
5654     (3)  The Agency for Health Care Administration shall, no
5655later than March 1 of each year, submit a report to the
5656Legislature containing statistical data on the effectiveness of
5657the program in procuring donor organs and the effect of the
5658program on state spending for health care.
5659     Section 189.  Subsection (6) of section 768.295, Florida
5660Statutes, is amended to read:
5661     768.295  Strategic Lawsuits Against Public Participation
5662(SLAPP) suits by governmental entities prohibited.--
5663     (6)  In any case filed by a governmental entity which is
5664found by a court to be in violation of this section, the
5665governmental entity shall report such finding and provide a copy
5666of the court's order to the Attorney General no later than 30
5667days after such order is final. The Attorney General shall
5668maintain a record of such court orders report any violation of
5669this section by a governmental entity to the Cabinet, the
5670President of the Senate, and the Speaker of the House of
5671Representatives. A copy of such report shall be provided to the
5672affected governmental entity.
5673     Section 190.  Paragraphs (a) and (c) of subsection (3) of
5674section 775.084, Florida Statutes, are amended to read:
5675     775.084  Violent career criminals; habitual felony
5676offenders and habitual violent felony offenders; three-time
5677violent felony offenders; definitions; procedure; enhanced
5678penalties or mandatory minimum prison terms.--
5679     (3)(a)  In a separate proceeding, the court shall determine
5680if the defendant is a habitual felony offender or a habitual
5681violent felony offender. The procedure shall be as follows:
5682     1.  The court shall obtain and consider a presentence
5683investigation prior to the imposition of a sentence as a
5684habitual felony offender or a habitual violent felony offender.
5685     2.  Written notice shall be served on the defendant and the
5686defendant's attorney a sufficient time prior to the entry of a
5687plea or prior to the imposition of sentence in order to allow
5688the preparation of a submission on behalf of the defendant.
5689     3.  Except as provided in subparagraph 1., all evidence
5690presented shall be presented in open court with full rights of
5691confrontation, cross-examination, and representation by counsel.
5692     4.  Each of the findings required as the basis for such
5693sentence shall be found to exist by a preponderance of the
5694evidence and shall be appealable to the extent normally
5695applicable to similar findings.
5696     5.  For the purpose of identification of a habitual felony
5697offender or a habitual violent felony offender, the court shall
5698fingerprint the defendant pursuant to s. 921.241.
5699     6.  For an offense committed on or after October 1, 1995,
5700if the state attorney pursues a habitual felony offender
5701sanction or a habitual violent felony offender sanction against
5702the defendant and the court, in a separate proceeding pursuant
5703to this paragraph, determines that the defendant meets the
5704criteria under subsection (1) for imposing such sanction, the
5705court must sentence the defendant as a habitual felony offender
5706or a habitual violent felony offender, subject to imprisonment
5707pursuant to this section unless the court finds that such
5708sentence is not necessary for the protection of the public. If
5709the court finds that it is not necessary for the protection of
5710the public to sentence the defendant as a habitual felony
5711offender or a habitual violent felony offender, the court shall
5712provide written reasons; a written transcript of orally stated
5713reasons is permissible, if filed by the court within 7 days
5714after the date of sentencing. Each month, the court shall submit
5715to the Office of Economic and Demographic Research of the
5716Legislature the written reasons or transcripts in each case in
5717which the court determines not to sentence a defendant as a
5718habitual felony offender or a habitual violent felony offender
5719as provided in this subparagraph.
5720     (c)  In a separate proceeding, the court shall determine
5721whether the defendant is a violent career criminal with respect
5722to a primary offense committed on or after October 1, 1995. The
5723procedure shall be as follows:
5724     1.  Written notice shall be served on the defendant and the
5725defendant's attorney a sufficient time prior to the entry of a
5726plea or prior to the imposition of sentence in order to allow
5727the preparation of a submission on behalf of the defendant.
5728     2.  All evidence presented shall be presented in open court
5729with full rights of confrontation, cross-examination, and
5730representation by counsel.
5731     3.  Each of the findings required as the basis for such
5732sentence shall be found to exist by a preponderance of the
5733evidence and shall be appealable only as provided in paragraph
5734(d).
5735     4.  For the purpose of identification, the court shall
5736fingerprint the defendant pursuant to s. 921.241.
5737     5.  For an offense committed on or after October 1, 1995,
5738if the state attorney pursues a violent career criminal sanction
5739against the defendant and the court, in a separate proceeding
5740pursuant to this paragraph, determines that the defendant meets
5741the criteria under subsection (1) for imposing such sanction,
5742the court must sentence the defendant as a violent career
5743criminal, subject to imprisonment pursuant to this section
5744unless the court finds that such sentence is not necessary for
5745the protection of the public. If the court finds that it is not
5746necessary for the protection of the public to sentence the
5747defendant as a violent career criminal, the court shall provide
5748written reasons; a written transcript of orally stated reasons
5749is permissible, if filed by the court within 7 days after the
5750date of sentencing. Each month, the court shall submit to the
5751Office of Economic and Demographic Research of the Legislature
5752the written reasons or transcripts in each case in which the
5753court determines not to sentence a defendant as a violent career
5754criminal as provided in this subparagraph.
5755     Section 191.  Subsection (8) of section 790.22, Florida
5756Statutes, is amended to read:
5757     790.22  Use of BB guns, air or gas-operated guns, or
5758electric weapons or devices by minor under 16; limitation;
5759possession of firearms by minor under 18 prohibited;
5760penalties.--
5761     (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a
5762minor under 18 years of age is charged with an offense that
5763involves the use or possession of a firearm, as defined in s.
5764790.001, including a violation of subsection (3), or is charged
5765for any offense during the commission of which the minor
5766possessed a firearm, the minor shall be detained in secure
5767detention, unless the state attorney authorizes the release of
5768the minor, and shall be given a hearing within 24 hours after
5769being taken into custody. At the hearing, the court may order
5770that the minor continue to be held in secure detention in
5771accordance with the applicable time periods specified in s.
5772985.215(5), if the court finds that the minor meets the criteria
5773specified in s. 985.215(2), or if the court finds by clear and
5774convincing evidence that the minor is a clear and present danger
5775to himself or herself or the community. The Department of
5776Juvenile Justice shall prepare a form for all minors charged
5777under this subsection that states the period of detention and
5778the relevant demographic information, including, but not limited
5779to, the sex, age, and race of the minor; whether or not the
5780minor was represented by private counsel or a public defender;
5781the current offense; and the minor's complete prior record,
5782including any pending cases. The form shall be provided to the
5783judge to be considered when determining whether the minor should
5784be continued in secure detention under this subsection. An order
5785placing a minor in secure detention because the minor is a clear
5786and present danger to himself or herself or the community must
5787be in writing, must specify the need for detention and the
5788benefits derived by the minor or the community by placing the
5789minor in secure detention, and must include a copy of the form
5790provided by the department. The Department of Juvenile Justice
5791must send the form, including a copy of any order, without
5792client-identifying information, to the Office of Economic and
5793Demographic Research.
5794     Section 192.  Paragraph (b) of subsection (9) of section
5795932.7055, Florida Statutes, is amended to read:
5796     932.7055  Disposition of liens and forfeited property.--
5797     (9)
5798     (b)  The Department of Law Enforcement shall submit an
5799annual report to the criminal justice committees of the House of
5800Representatives and of the Senate compiling the information and
5801data related in the semiannual reports submitted by the law
5802enforcement agencies. The annual report shall also contain a
5803list of law enforcement agencies which have failed to meet the
5804reporting requirements and a summary of any action which has
5805been taken against the noncomplying agency by the Office of the
5806Chief Financial Officer.
5807     Section 193.  Subsection (2) of section 943.125, Florida
5808Statutes, is amended to read:
5809     943.125  Law enforcement agency accreditation.--
5810     (2)  FEASIBILITY AND STATUS REPORT.--The Florida Sheriffs
5811Association and the Florida Police Chiefs Association, either
5812jointly or separately, shall report to the Speaker of the House
5813of Representatives and the President of the Senate regarding the
5814feasibility of a law enforcement agency accreditation program
5815and the status of the efforts of the Florida Sheriffs
5816Association and the Florida Police Chiefs Association to develop
5817a law enforcement agency accreditation program as provided in
5818this section.
5819     Section 194.  Subsection (9) of section 943.68, Florida
5820Statutes, is amended to read:
5821     943.68  Transportation and protective services.--
5822     (9)  The department shall submit reports annually on July
582315 and January 15 of each year to the President of the Senate,
5824Speaker of the House of Representatives, Governor, and members
5825of the Cabinet, detailing all transportation and protective
5826services provided under subsections (1), (5), and (6) within the
5827preceding fiscal year 6 months. Each report shall include a
5828detailed accounting of the cost of such transportation and
5829protective services, including the names of persons provided
5830such services and the nature of state business performed.
5831     Section 195.  Section 944.023, Florida Statutes, is amended
5832to read:
5833     944.023  Definitions; capacity factors Comprehensive
5834correctional master plan.--
5835     (1)  As used in this section and s. 944.0231, the term:
5836     (a)  "Criminal Justice Estimating Conference" means the
5837Criminal Justice Estimating Conference referred to in s.
5838216.136(5).
5839     (b)  "Total capacity" of the state correctional system
5840means the total design capacity of all institutions and
5841facilities in the state correctional system, which may include
5842those facilities authorized and funded under chapter 957,
5843increased by one-half, with the following exceptions:
5844     1.  Medical and mental health beds must remain at design
5845capacity.
5846     2.  Community-based contracted beds must remain at design
5847capacity.
5848     3.  The one-inmate-per-cell requirement at Florida State
5849Prison and other maximum security facilities must be maintained
5850pursuant to paragraph (3)(7)(a).
5851     4.  Community correctional centers and drug treatment
5852centers must be increased by one-third.
5853     5.  A housing unit may not exceed its maximum capacity
5854pursuant to paragraphs (3)(7)(a) and (b).
5855     6.  A number of beds equal to 5 percent of total capacity
5856shall be deducted for management beds at institutions.
5857     (c)  "State correctional system" means the correctional
5858system as defined in s. 944.02.
5859     (2)  The department shall develop a comprehensive
5860correctional master plan. The master plan shall project the
5861needs for the state correctional system for the coming 5-year
5862period and shall be updated annually and submitted to the
5863Governor's office and the Legislature at the same time the
5864department submits its legislative budget request as provided in
5865chapter 216.
5866     (3)  The purposes of the comprehensive correctional master
5867plan shall be:
5868     (a)  To ensure that the penalties of the criminal justice
5869system are completely and effectively administered to the
5870convicted criminals and, to the maximum extent possible, that
5871the criminal is provided opportunities for self-improvement and
5872returned to freedom as a productive member of society.
5873     (b)  To the extent possible, to protect the public safety
5874and the law-abiding citizens of this state and to carry out the
5875laws protecting the rights of the victims of convicted
5876criminals.
5877     (c)  To develop and maintain a humane system of punishment
5878providing prison inmates with proper housing, nourishment, and
5879medical attention.
5880     (d)  To provide fair and adequate compensation and benefits
5881to the employees of the state correctional system.
5882     (e)  To the extent possible, to maximize the effective and
5883efficient use of the principles used in private business.
5884     (f)  To provide that convicted criminals not be
5885incarcerated for any longer period of time or in any more secure
5886facility than is necessary to ensure adequate sanctions,
5887rehabilitation of offenders, and protection of public safety.
5888     (4)  The comprehensive correctional master plan shall use
5889the estimates of the Criminal Justice Estimating Conference and
5890shall include:
5891     (a)  A plan for the decentralization of reception and
5892classification facilities for the implementation of a systemwide
5893diagnosis-and-evaluation capability for adult offenders. The
5894plan shall provide for a system of psychological testing and
5895evaluation as well as medical screening through department
5896resources or with other public or private agencies through a
5897purchase-of-services agreement.
5898     (b)  A plan developed by the department for the
5899comprehensive vocational and educational training of, and
5900treatment programs for, offenders and their evaluation within
5901each institution, program, or facility of the department, based
5902upon the identified needs of the offender and the requirements
5903of the employment market.
5904     (c)  A plan contracting with local facilities and programs
5905as short-term confinement resources of the department for
5906offenders who are sentenced to 3 years or less, or who are
5907within 3 years or less of their anticipated release date, and
5908integration of detention services which have community-based
5909programs. The plan shall designate such facilities and programs
5910by region of the state and identify, by county, the capability
5911for local incarceration.
5912     (d)  A detailed analysis of methods to implement
5913diversified alternatives to institutionalization when such
5914alternatives can be safely employed. The analysis shall include
5915an assessment of current pretrial intervention, probation, and
5916community control alternatives and their cost-effectiveness with
5917regard to restitution to victims, reimbursements for cost of
5918supervision, and subsequent violations resulting in commitments
5919to the department. Such analysis shall also include an
5920assessment of current use of electronic surveillance of
5921offenders and projected potential for diverting additional
5922categories of offenders from incarceration within the
5923department.
5924     (e)  A detailed analysis of current incarceration rates of
5925both the state and county correctional systems with the
5926calculation by the department of the current and projected
5927ratios of inmates in the correctional system, as defined in s.
5928945.01, to the general population of the state which will serve
5929as a basis for projecting construction needs.
5930     (f)  A plan for community-based facilities and programs for
5931the reintegration of offenders into society whereby inmates who
5932are being released shall receive assistance. Such assistance may
5933be through work-release, transition assistance, release
5934assistance stipend, contract release, postrelease special
5935services, temporary housing, or job placement programs.
5936     (g)  A plan reflecting parity of pay or comparable economic
5937benefits for correctional officers with that of law enforcement
5938officers in this state, and an assessment of projected impacts
5939on turnover rates within the department.
5940     (h)  A plan containing habitability criteria which defines
5941when beds are available and functional for use by inmates, and
5942containing factors which define when institutions and facilities
5943may be added to the inventory of the state correctional system.
5944     (5)  The comprehensive correctional master plan shall
5945project by year the total operating and capital outlay costs
5946necessary for constructing a sufficient number of prison beds to
5947avoid a deficiency in prison beds. Included in the master plan
5948which projects operating and capital outlay costs shall be a
5949siting plan which shall assess, rank, and designate appropriate
5950sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
5951include an assessment of the department's current capability for
5952providing the degree of security necessary to ensure public
5953safety and should reflect the levels of security needed for the
5954forecasted admissions of various types of offenders based upon
5955sentence lengths and severity of offenses. The plan shall also
5956provide construction options for targeting violent and habitual
5957offenders for incarceration while providing specific
5958alternatives for the various categories of lesser offenders.
5959     (2)(6)  Institutions within the state correctional system
5960shall have the following design capacity factors:
5961     (a)  Rooms and prison cells between 40 square feet and 90
5962square feet, inclusive: one inmate per room or prison cell.
5963     (b)  Dormitory-style rooms and other rooms exceeding 90
5964square feet: one inmate per 55 square feet.
5965     (c)  At institutions with rooms or cells, except to the
5966extent that separate confinement cells have been constructed, a
5967number of rooms or prison cells equal to 3 percent of total
5968design capacity must be deducted from design capacity and set
5969aside for confinement purposes.
5970     (d)  Bed count calculations used to determine design
5971capacity shall only include beds which are functional and
5972available for use by inmates.
5973     (3)(7)  Institutions within the state correctional system
5974shall have the following maximum capacity factors:
5975     (a)  Rooms and prison cells between 40 square feet and 60
5976square feet, inclusive: one inmate per room or cell. If the room
5977or prison cell is between 60 square feet and 90 square feet,
5978inclusive, two inmates are allowed in each room, except that one
5979inmate per room or prison cell is allowed at Florida State
5980Prison or any other maximum security institution or facility
5981which may be constructed.
5982     (b)  Dormitory-style rooms and other rooms exceeding 90
5983square feet: one inmate per 37.5 square feet. Double-bunking is
5984generally allowed only along the outer walls of a dormitory.
5985     (c)  At institutions with rooms or cells, except to the
5986extent that separate confinement cells have been constructed, a
5987number of rooms or prison cells equal to 3 percent of total
5988maximum capacity are not available for maximum capacity, and
5989must be set aside for confinement purposes, thereby reducing
5990maximum capacity by 6 percent since these rooms would otherwise
5991house two inmates.
5992     (d)  A number of beds equal to 5 percent of total maximum
5993capacity must be deducted for management at institutions.
5994     Section 196.  Paragraph (f) of subsection (3) of section
5995944.801, Florida Statutes, is amended to read:
5996     944.801  Education for state prisoners.--
5997     (3)  The responsibilities of the Correctional Education
5998Program shall be to:
5999     (f)  Report annual activities to the Secretary of
6000Corrections, the Commissioner of Education, the Governor, and
6001the Legislature.
6002     Section 197.  Subsection (10) of section 945.35, Florida
6003Statutes, is amended to read:
6004     945.35  Requirement for education on human immunodeficiency
6005virus, acquired immune deficiency syndrome, and other
6006communicable diseases.--
6007     (10)  The department shall report to the Legislature by
6008March 1 each year as to the implementation of this program and
6009the participation by inmates and staff.
6010     Section 198.  Subsection (9) of section 958.045, Florida
6011Statutes, is amended to read:
6012     958.045  Youthful offender basic training program.--
6013     (9)  Upon commencement of the community residential
6014program, the department shall submit annual reports to the
6015Governor, the President of the Senate, and the Speaker of the
6016House of Representatives detailing the extent of implementation
6017of the basic training program and the community residential
6018program, and outlining future goals and any recommendation the
6019department has for future legislative action.
6020     Section 199.  Paragraph (c) of subsection (1) of section
6021960.045, Florida Statutes, is amended to read:
6022     960.045  Department of Legal Affairs; powers and
6023duties.--It shall be the duty of the department to assist
6024persons who are victims of crime.
6025     (1)  The department shall:
6026     (c)  Prepare an annual Render, prior to January 1 of each
6027year, to the presiding officers of the Senate and House of
6028Representatives a written report of the activities of the Crime
6029Victims' Services Office that shall be available on the
6030department's website.
6031     Section 200.  Paragraph (c) of subsection (8) of section
6032985.02, Florida Statutes, is amended to read
6033     985.02  Legislative intent for the juvenile justice
6034system.--
6035     (8)  GENDER-SPECIFIC PROGRAMMING.--
6036     (c)  The Office of Program Policy Analysis and Government
6037Accountability shall conduct an analysis of programs for young
6038females within the Department of Juvenile Justice. The analysis
6039shall address the nature of young female offenders in this
6040state, the percentage of young females who are incarcerated in
6041the juvenile justice system for status offenses and violations
6042of probation, and whether these young females could be better
6043served in less costly community-based programs. In addition, the
6044review shall analyze whether existing juvenile justice programs
6045are designed to meet the gender-specific needs of young females
6046and an analysis of the true cost of providing gender-specific
6047services to young females.
6048     Section 201.  Subsections (3), (4), and (5) of section
6049985.08, Florida Statutes, are amended to read:
6050     985.08  Information systems.--
6051     (3)  In order to assist in the integration of the
6052information to be shared, the sharing of information obtained,
6053the joint planning on diversion and early intervention
6054strategies for juveniles at risk of becoming serious habitual
6055juvenile offenders, and the intervention strategies for serious
6056habitual juvenile offenders, a multiagency task force should be
6057organized and utilized by the law enforcement agency or county
6058in conjunction with the initiation of the information system
6059described in subsections (1) and (2). The multiagency task force
6060shall be composed of representatives of those agencies and
6061persons providing information for the central identification
6062file and the multiagency information sheet.
6063     (4)  This multiagency task force shall develop a plan for
6064the information system that includes measures which identify and
6065address any disproportionate representation of ethnic or racial
6066minorities in the information systems and shall develop
6067strategies that address the protection of individual
6068constitutional rights.
6069     (3)(5)  Any law enforcement agency, or county that which
6070implements a juvenile offender information system and the
6071multiagency task force which maintain the information system
6072must annually provide any information gathered during the
6073previous year to the delinquency and gang prevention council of
6074the judicial circuit in which the county is located. This
6075information shall include the number, types, and patterns of
6076delinquency tracked by the juvenile offender information system.
6077     Section 202.  Subsections (2) and (3) of section 985.3045,
6078Florida Statutes, are amended to read:
6079     985.3045  Prevention service program; monitoring; report;
6080uniform performance measures.--
6081     (2)  No later than January 31, 2001, the prevention service
6082program shall submit a report to the Governor, the Speaker of
6083the House, and the President of the Senate concerning the
6084implementation of a statewide multiagency plan to coordinate the
6085efforts of all state-funded programs, grants, appropriations, or
6086activities that are designed to prevent juvenile crime,
6087delinquency, gang membership, or status offense behaviors and
6088all state-funded programs, grants, appropriations, or activities
6089that are designed to prevent a child from becoming a "child in
6090need of services," as defined in chapter 984. The report shall
6091include a proposal for a statewide coordinated multiagency
6092juvenile delinquency prevention policy. In preparing the report,
6093the department shall coordinate with and receive input from each
6094state agency or entity that receives or uses state
6095appropriations to fund programs, grants, appropriations, or
6096activities that are designed to prevent juvenile crime,
6097delinquency, gang membership, status offense, or that are
6098designed to prevent a child from becoming a "child in need of
6099services," as defined in chapter 984. The report shall identify
6100whether legislation will be needed to effect a statewide plan to
6101coordinate the efforts of all state-funded programs, grants,
6102appropriations, or activities that are designed to prevent
6103juvenile crime, delinquency, gang membership, or status offense
6104behaviors and all state-funded programs, grants, appropriations,
6105or activities that are designed to prevent a child from becoming
6106a "child in need of services," as defined in chapter 984. The
6107report shall consider the potential impact of requiring such
6108state-funded efforts to target at least one of the following
6109strategies designed to prevent youth from entering or reentering
6110the juvenile justice system and track the associated outcome
6111data:
6112     (a)  Encouraging youth to attend school, which may include
6113special assistance and tutoring to address deficiencies in
6114academic performance; outcome data to reveal the number of days
6115youth attended school while participating in the program.
6116     (b)  Engaging youth in productive and wholesome activities
6117during nonschool hours that build positive character or instill
6118positive values, or that enhance educational experiences;
6119outcome data to reveal the number of youth who are arrested
6120during nonschool hours while participating in the program.
6121     (c)  Encouraging youth to avoid the use of violence;
6122outcome data to reveal the number of youth who are arrested for
6123crimes involving violence while participating in the program.
6124     (d)  Assisting youth to acquire skills needed to find
6125meaningful employment, which may include assistance in finding a
6126suitable employer for the youth; outcome data to reveal the
6127number of youth who obtain and maintain employment for at least
6128180 days.
6129
6130The department is encouraged to identify additional strategies
6131which may be relevant to preventing youth from becoming children
6132in need of services and to preventing juvenile crime,
6133delinquency, gang membership and status offense behaviors. The
6134report shall consider the feasibility of developing uniform
6135performance measures and methodology for collecting such outcome
6136data to be utilized by all state-funded programs, grants,
6137appropriations, or activities that are designed to prevent
6138juvenile crime, delinquency, gang membership, or status offense
6139behaviors and all state-funded programs, grants, appropriations,
6140or activities that are designed to prevent a child from becoming
6141a "child in need of services," as defined in chapter 984. The
6142prevention service program is encouraged to identify other
6143issues that may be of critical importance to preventing a child
6144from becoming a child in need of services, as defined in chapter
6145984, or to preventing juvenile crime, delinquency, gang
6146membership, or status offense behaviors.
6147     (2)(3)  The department shall expend funds related to the
6148prevention of juvenile delinquency in a manner consistent with
6149the policies expressed in ss. 984.02 and 985.02. The department
6150shall expend said funds in a manner that maximizes public
6151accountability and ensures the documentation of outcomes.
6152     (a)  All entities that receive or use state moneys to fund
6153juvenile delinquency prevention services through contracts or
6154grants with the department shall design the programs providing
6155such services to further one or more of the following
6156strategies: specified in paragraphs (2)(a)-(d).
6157     1.  Encouraging youth to attend school, which may include
6158special assistance and tutoring to address deficiencies in
6159academic performance and collecting outcome data to reveal the
6160number of days youth attended school while participating in the
6161program.
6162     2.  Engaging youth in productive and wholesome activities
6163during nonschool hours that build positive character or instill
6164positive values or that enhance educational experiences and
6165collecting outcome data to reveal the number of youths who are
6166arrested during nonschool hours while participating in the
6167program.
6168     3.  Encouraging youth to avoid the use of violence and
6169collecting outcome data to reveal the number of youths who are
6170arrested for crimes involving violence while participating in
6171the program.
6172     4.  Assisting youth to acquire skills needed to find
6173meaningful employment, which may include assistance in finding a
6174suitable employer for the youth and collecting outcome data to
6175reveal the number of youths who obtain and maintain employment
6176for at least 180 days.
6177     (b)  The department shall develop an outcome measure for
6178each program strategy specified in paragraph (a) paragraphs
6179(2)(a)-(d) that logically relates to the risk factor addressed
6180by the strategy.
6181     (c)  All entities that receive or use state moneys to fund
6182the juvenile delinquency prevention services through contracts
6183or grants with the department shall, as a condition of receipt
6184of state funds, provide the department with personal demographic
6185information concerning all participants in the service
6186sufficient to allow the department to verify criminal or
6187delinquent history information, school attendance or academic
6188information, employment information, or other requested
6189performance information.
6190     Section 203.  Section 985.3046, Florida Statutes, is
6191repealed.
6192     Section 204.  Subsection (5) of section 985.305, Florida
6193Statutes, is amended to read:
6194     985.305  Early delinquency intervention program;
6195criteria.--
6196     (5)  Not later than 18 months after the initiation of an
6197early delinquency intervention program, the department shall
6198prepare and submit a progress report to the chairs of the
6199appropriate House and Senate fiscal committees and the
6200appropriate House and Senate substantive committees on the
6201development and implementation of the program, including:
6202     (a)  Factors determining placement of a child in the
6203program.
6204     (b)  Services provided in each component of the program.
6205     (c)  Costs associated with each component of the program.
6206     (d)  Problems or difficulties encountered in the
6207implementation and operation of the program.
6208     Section 205.  Subsection (1) of section 985.3155, Florida
6209Statutes, is amended to read:
6210     985.3155  Multiagency plan for vocational education.--
6211     (1)  The Department of Juvenile Justice and the Department
6212of Education shall, in consultation with the statewide Workforce
6213Development Youth Council, school districts, providers, and
6214others, jointly develop a multiagency plan for vocational
6215education that establishes the curriculum, goals, and outcome
6216measures for vocational programs in juvenile commitment
6217facilities. The plan must include:
6218     (a)  Provisions for maximizing appropriate state and
6219federal funding sources, including funds under the Workforce
6220Investment Act and the Perkins Act;
6221     (b)  The responsibilities of both departments and all other
6222appropriate entities; and
6223     (c)  A detailed implementation schedule.
6224
6225The plan must be submitted to the Governor, the President of the
6226Senate, and the Speaker of the House of Representatives by May
62271, 2001.
6228     Section 206.  Section 985.403, Florida Statutes, is
6229repealed.
6230     Section 207.  Subsection (7) of section 985.412, Florida
6231Statutes, is amended to read:
6232     985.412  Quality assurance and cost-effectiveness.--
6233     (7)  No later than November 1, 2001, the department shall
6234submit a proposal to the Legislature concerning funding
6235incentives and disincentives for the department and for
6236providers under contract with the department. The
6237recommendations for funding incentives and disincentives shall
6238be based upon both quality assurance performance and cost-
6239effectiveness performance. The proposal should strive to achieve
6240consistency in incentives and disincentives for both department-
6241operated and contractor-provided programs. The department may
6242include recommendations for the use of liquidated damages in the
6243proposal; however, the department is not presently authorized to
6244contract for liquidated damages in non-hardware-secure
6245facilities until January 1, 2002.
6246     Section 208.  Subsections (3) and (4) of section 1003.492,
6247Florida Statutes, are amended to read:
6248     1003.492  Industry-certified career education programs.--
6249     (3)  The Department of Education shall study student
6250performance in industry-certified career education programs. The
6251department shall identify districts that currently operate
6252industry-certified career education programs. The study shall
6253examine the performance of participating students over time.
6254Performance factors shall include, but not be limited to,
6255graduation rates, retention rates, additional educational
6256attainment, employment records, earnings, and industry
6257satisfaction. The results of this study shall be submitted to
6258the President of the Senate and the Speaker of the House of
6259Representatives by December 31, 2004.
6260     (4)  The Department of Education shall conduct a study to
6261determine if a cost factor should be applied to industry-
6262certified career education programs and review the need for
6263startup funding for the programs. The study shall be completed
6264by December 31, 2004, and shall be submitted to the President of
6265the Senate and the Speaker of the House of Representatives.
6266     Section 209.  Subsection (4) of section 1003.61, Florida
6267Statutes, is amended to read:
6268     1003.61  Pilot attendance project.--It is the purpose of
6269this section to require the Manatee County District School Board
6270to implement a pilot project that raises the compulsory age of
6271attendance for children from the age of 16 years to the age of
627218 years. The pilot project applies to each child who has not
6273attained the age of 16 years by September 30 of the school year
6274in which a school board policy is adopted.
6275     (4)  The district school board must evaluate the effect of
6276its adopted policy raising the compulsory age of attendance on
6277school attendance and on the school district's dropout rate, as
6278well as on the costs associated with the pilot project. The
6279school district shall report its findings to the President of
6280the Senate, the Speaker of the House of Representatives, the
6281minority leader of each house of the Legislature, the Governor,
6282and the Commissioner of Education not later than August 1
6283following each year that the pilot project is in operation.
6284     Section 210.  Subsection (6) of section 1004.50, Florida
6285Statutes, is amended to read:
6286     1004.50  Institute on Urban Policy and Commerce.--
6287     (6)  The Governor shall submit an annual report to the
6288Legislature on the unmet needs in the state's urban communities.
6289     Section 211.  Section 1006.0605, Florida Statutes, is
6290repealed.
6291     Section 212.  Subsection (11) of section 1007.27, Florida
6292Statutes, is amended to read:
6293     1007.27  Articulated acceleration mechanisms.--
6294     (11)(a)  The State Board of Education shall conduct a
6295review of the extent to which the acceleration mechanisms
6296authorized by this section are currently utilized by school
6297districts and public postsecondary educational institutions and
6298shall submit a report to the Governor and the Legislature by
6299December 31, 2003.
6300     (b)  The report must include a summary of ongoing
6301activities and a plan to increase and enhance the use of
6302acceleration mechanisms as a way to shorten the length of time
6303as well as the funding required for a student, including a
6304student with a documented disability, to obtain a postsecondary
6305degree.
6306     (c)  The review and plan shall address, but are not limited
6307to, the following issues:
6308     1.  The manner in which students, including students with
6309documented disabilities, are advised regarding the availability
6310of acceleration mechanism options.
6311     2.  The availability of acceleration mechanism options to
6312eligible students, including students with documented
6313disabilities, who wish to participate.
6314     3.  The grading practices, including weighting of courses,
6315of school districts and public postsecondary educational
6316institutions with regard to credit earned through acceleration
6317mechanisms.
6318     4.  The extent to which credit earned through an
6319acceleration mechanism is used to meet the general education
6320requirements of a public postsecondary educational institution.
6321     5.  The extent to which the secondary instruction
6322associated with acceleration mechanism options could be offered
6323at sites other than public K through 12 school sites to assist
6324in meeting class size reduction needs.
6325     6.  The manner in which funding for instruction associated
6326with acceleration mechanism options is provided.
6327     7.  The feasibility of providing students, including
6328students with documented disabilities, the option of choosing
6329Advanced Placement credit or College Level Examination Program
6330(CLEP) credit as an alternative to dual enrollment credit upon
6331completion of a dual enrollment course.
6332     Section 213.  Subsection (8) of section 1009.70, Florida
6333Statutes, is amended to read:
6334     1009.70  Florida Education Fund.--
6335     (8)  There is created a legal education component of the
6336Florida Education Fund to provide the opportunity for minorities
6337to attain representation within the legal profession
6338proportionate to their representation within the general
6339population. The legal education component of the Florida
6340Education Fund includes a law school program and a pre-law
6341program.
6342     (a)  The law school scholarship program of the Florida
6343Education Fund is to be administered by the Board of Directors
6344of the Florida Education Fund for the purpose of increasing by
6345200 the number of minority students enrolled in law schools in
6346this state. Implementation of this program is to be phased in
6347over a 3-year period.
6348     1.  The board of directors shall provide financial,
6349academic, and other support to students selected for
6350participation in this program from funds appropriated by the
6351Legislature.
6352     2.  Student selection must be made in accordance with rules
6353adopted by the board of directors for that purpose and must be
6354based, at least in part, on an assessment of potential for
6355success, merit, and financial need.
6356     3.  Support must be made available to students who enroll
6357in private, as well as public, law schools in this state which
6358are accredited by the American Bar Association.
6359     4.  Scholarships must be paid directly to the participating
6360students.
6361     5.  Students who participate in this program must agree in
6362writing to sit for The Florida Bar examination and, upon
6363successful admission to The Florida Bar, to either practice law
6364in the state for a period of time equal to the amount of time
6365for which the student received aid, up to 3 years, or repay the
6366amount of aid received.
6367     6.  Annually, the board of directors shall compile a report
6368that includes a description of the selection process, an
6369analysis of the academic progress of all scholarship recipients,
6370and an analysis of expenditures. This report must be submitted
6371to the President of the Senate, the Speaker of the House of
6372Representatives, and the Governor.
6373     (b)  The minority pre-law scholarship loan program of the
6374Florida Education Fund is to be administered by the Board of
6375Directors of the Florida Education Fund for the purpose of
6376increasing the opportunity of minority students to prepare for
6377law school.
6378     1.  From funds appropriated by the Legislature, the board
6379of directors shall provide for student fees, room, board, books,
6380supplies, and academic and other support to selected minority
6381undergraduate students matriculating at eligible public and
6382independent colleges and universities in Florida.
6383     2.  Student selection must be made in accordance with rules
6384adopted by the board of directors for that purpose and must be
6385based, at least in part, on an assessment of potential for
6386success, merit, and financial need.
6387     3.  To be eligible, a student must make a written agreement
6388to enter or be accepted to enter a law school in this state
6389within 2 years after graduation or repay the scholarship loan
6390amount plus interest at the prevailing rate.
6391     4.  Recipients who fail to gain admission to a law school
6392within the specified period of time, may, upon admission to law
6393school, be eligible to have their loans canceled.
6394     5.  Minority pre-law scholarship loans shall be provided to
639534 minority students per year for up to 4 years each, for a
6396total of 136 scholarship loans. To continue receipt of
6397scholarship loans, recipients must maintain a 2.75 grade point
6398average for the freshman year and a 3.25 grade point average
6399thereafter. Participants must also take specialized courses to
6400enhance competencies in English and logic.
6401     6.  The board of directors shall maintain records on all
6402scholarship loan recipients. Participating institutions shall
6403submit academic progress reports to the board of directors
6404following each academic term. Annually, the board of directors
6405shall compile a report that includes a description of the
6406selection process, an analysis of the academic progress of all
6407scholarship loan recipients, and an analysis of expenditures.
6408This report must be submitted to the President of the Senate,
6409the Speaker of the House of Representatives, and the Governor.
6410     Section 214.  Subsection (8) of section 1011.32, Florida
6411Statutes, is amended to read:
6412     1011.32  Community College Facility Enhancement Challenge
6413Grant Program.--
6414     (8)  By September 1 of each year, the State Board of
6415Education shall transmit to the Governor and Legislature a list
6416of projects which meet all eligibility requirements to
6417participate in the Community College Facility Enhancement
6418Challenge Grant Program and a budget request which includes the
6419recommended schedule necessary to complete each project.
6420     Section 215.  Paragraph (p) of subsection (1) of section
64211011.62, Florida Statutes, is amended to read:
6422     1011.62  Funds for operation of schools.--If the annual
6423allocation from the Florida Education Finance Program to each
6424district for operation of schools is not determined in the
6425annual appropriations act or the substantive bill implementing
6426the annual appropriations act, it shall be determined as
6427follows:
6428     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
6429OPERATION.--The following procedure shall be followed in
6430determining the annual allocation to each district for
6431operation:
6432     (p)  Extended-school-year program.--It is the intent of the
6433Legislature that students be provided additional instruction by
6434extending the school year to 210 days or more. Districts may
6435apply to the Commissioner of Education for funds to be used in
6436planning and implementing an extended-school-year program. The
6437Department of Education shall recommend to the Legislature the
6438policies necessary for full implementation of an extended school
6439year.
6440     Section 216.  Subsection (1) of section 1012.42, Florida
6441Statutes, is amended to read:
6442     1012.42  Teacher teaching out-of-field.--
6443     (1)  ASSISTANCE.--Each district school board shall adopt
6444and implement a plan to assist any teacher teaching
6445out-of-field, and priority consideration in professional
6446development activities shall be given to teachers who are
6447teaching out-of-field. The district school board shall require
6448that such teachers participate in a certification or staff
6449development program designed to provide the teacher with the
6450competencies required for the assigned duties. The board-
6451approved assistance plan must include duties of administrative
6452personnel and other instructional personnel to provide students
6453with instructional services. Each district school board shall
6454contact its regional workforce board, created pursuant to s.
6455445.007, to identify resources that may assist teachers who are
6456teaching out-of-field and who are pursuing certification.
6457     Section 217.  Subsection (13) of section 1013.03, Florida
6458Statutes, is amended to read:
6459     1013.03  Functions of the department.--The functions of the
6460Department of Education as it pertains to educational facilities
6461shall include, but not be limited to, the following:
6462     (13)  By October 1, 2003, review all rules related to
6463school construction to identify requirements that are outdated,
6464obsolete, unnecessary, or otherwise could be amended in order to
6465provide additional flexibility to school districts to comply
6466with the constitutional class size maximums described in s.
64671003.03(1) and make recommendations concerning such rules to the
6468State Board of Education. The State Board of Education shall act
6469on such recommendations by December 31, 2003.
6470     Section 218.  Subsection (2) of section 20.165, Florida
6471Statutes, is amended to read:
6472     20.165  Department of Business and Professional
6473Regulation.--There is created a Department of Business and
6474Professional Regulation.
6475     (2)  The following divisions of the Department of Business
6476and Professional Regulation are established:
6477     (a)  Division of Administration.
6478     (b)  Division of Alcoholic Beverages and Tobacco.
6479     (c)  Division of Certified Public Accounting.
6480     1.  The director of the division shall be appointed by the
6481secretary of the department, subject to approval by a majority
6482of the Board of Accountancy.
6483     2.  The offices of the division shall be located in
6484Gainesville.
6485     (d)  Division of Florida Land Sales, Condominiums, and
6486Mobile Homes.
6487     (e)  Division of Hotels and Restaurants.
6488     (f)  Division of Pari-mutuel Wagering.
6489     (g)  Division of Professions and Regulation.
6490     (h)  Division of Real Estate.
6491     1.  The director of the division shall be appointed by the
6492secretary of the department, subject to approval by a majority
6493of the Florida Real Estate Commission.
6494     2.  The offices of the division shall be located in
6495Orlando.
6496     (i)  Division of Service Operations Regulation.
6497     (j)  Division of Technology, Licensure, and Testing.
6498     Section 219.  Effective October 1, 2005, paragraph (a) of
6499subsection (4) of section 20.165, Florida Statutes, as amended
6500by section 135 of chapter 2004-301, Laws of Florida, is amended
6501to read:
6502     20.165  Department of Business and Professional
6503Regulation.--There is created a Department of Business and
6504Professional Regulation.
6505     (4)(a)  The following boards are established within the
6506Division of Professions and Regulation:
6507     1.  Board of Architecture and Interior Design, created
6508under part I of chapter 481.
6509     2.  Florida Board of Auctioneers, created under part VI of
6510chapter 468.
6511     3.  Barbers' Board, created under chapter 476.
6512     4.  Florida Building Code Administrators and Inspectors
6513Board, created under part XII of chapter 468.
6514     5.  Construction Industry Licensing Board, created under
6515part I of chapter 489.
6516     6.  Board of Cosmetology, created under chapter 477.
6517     7.  Electrical Contractors' Licensing Board, created under
6518part II of chapter 489.
6519     8.  Board of Employee Leasing Companies, created under part
6520XI of chapter 468.
6521     9.  Board of Landscape Architecture, created under part II
6522of chapter 481.
6523     10.  Board of Pilot Commissioners, created under chapter
6524310.
6525     11.  Board of Professional Engineers, created under chapter
6526471.
6527     12.  Board of Professional Geologists, created under
6528chapter 492.
6529     13.  Board of Professional Surveyors and Mappers, created
6530under chapter 472.
6531     14.  Board of Veterinary Medicine, created under chapter
6532474.
6533     Section 220.  Subsection (1) of section 309.01, Florida
6534Statutes, is amended to read:
6535     309.01  Deposit of material in tidewater regulated.--
6536     (1)  It is not lawful for any person to discharge or cause
6537to be discharged or deposit or cause to be deposited, in the
6538tide or salt waters of any bay, port, harbor, or river of this
6539state, any ballast or material of any kind other than clear
6540stone or rock, free from gravel or pebbles, which said clear
6541stone or rock shall be deposited or discharged only in the
6542construction of enclosures in connection with wharves, piers,
6543quays, jetties, or in the construction of permanent bulkheads
6544connecting the solid and permanent portion of wharves. It is
6545lawful to construct three characters of bulkheads for retention
6546of material in solid wharves. First, clear stone or rock
6547enclosures, or bulkheads, may be built upon all sides to a
6548height not less than 21/2 feet above high watermark; and after
6549the enclosures have been made so solid, tight, and permanent as
6550to prevent any sand, mud, gravel, or other material that may be
6551discharged or deposited in them from drifting or escaping
6552through such enclosures, any kind of ballast may be discharged
6553or deposited within the enclosures. The enclosures may be
6554constructed of wood, stone, and rock combined, the stone and
6555rocks to be placed on the outside of the wood to a height not
6556less at any point than 21/2 feet above high watermark. Second, a
6557bulkhead may be built by a permanent wharf consisting of
6558thoroughly creosoted piles not less than 12 inches in diameter
6559at the butt end, to be driven close together and to be capped
6560with timber not less than 10 or 14 inches drift, bolted to each
6561pile, and one or more longitudinal stringers to be placed on the
6562outside of the bulkhead and securely anchored by means of iron
6563rods to piles driven within the bulkheads, clear rock to be on
6564the inside of the bulkhead, to a height of not less than 21/2
6565feet above high water; and after this is done, ballast or other
6566material may be deposited within the permanent enclosure so
6567constructed. Third, a bulkhead may be constructed to consist of
6568creosoted piles, as described herein, driven not exceeding 4
6569feet apart from center to center, inside of which two or more
6570longitudinal stringers may be placed and securely bolted to the
6571piles. Inside of these longitudinal pieces, two thicknesses of
6572creosoted sheet piling are to be driven, each course of the
6573sheet piling to make a joint with the other so as to form an
6574impenetrable wharf; and within this permanent bulkhead so
6575constructed, any ballast or other material may be deposited. No
6576such enclosure, pier, quay, or jetty shall be begun until the
6577point whereat it is to be built shall have been connected by a
6578substantial wharf with a shore or with a permanent wharf; except
6579that the owners of wharves may at any time, with the consent of
6580the Board of Pilot Commissioners of the Division of Professions
6581of the Department of Business and Professional Regulation, build
6582wharves of clear stone or rock, or creosoted walls as
6583hereinafter provided, on each side of their wharves from the
6584shore to a point at which the water is not more than 15 feet
6585deep, and when such walls have attained a height of 21/2 feet
6586above high watermark and have been securely closed at the
6587deepwater end by stone or creosoted walls of the same height,
6588any kind of ballast may be deposited in them. Nothing contained
6589in this section shall interfere with any rights or privileges
6590now enjoyed by riparian owners. While this section empowers
6591those who desire to construct the several characters of wharves,
6592piers, quays, jetties, and bulkheads provided for and described
6593herein, nothing in this section shall be so construed as to
6594require any person not desiring to construct a permanent wharf
6595by filling up with ballast, stone, or other material to
6596construct under the specifications contained herein; and nothing
6597in this chapter shall be so construed as to prevent any person
6598from constructing any wharf or placing any pilings, logs, or
6599lumber in any waters where the person would have heretofore had
6600the right so to do.
6601     Section 221.  Subsection (1) of section 310.011, Florida
6602Statutes, is amended to read:
6603     310.011  Board of Pilot Commissioners.--
6604     (1)  A board is established within the Division of
6605Professions and Regulation of the Department of Business and
6606Professional Regulation to be known as the Board of Pilot
6607Commissioners. The board shall be composed of 10 members, to be
6608appointed by the Governor, 5 of whom shall be licensed state
6609pilots actively practicing their profession. The board shall
6610perform such duties and possess and exercise such powers
6611relative to the protection of the waters, harbors, and ports of
6612this state as are prescribed and conferred on it in this
6613chapter.
6614     Section 222.  Subsections (1) and (6) of section 455.01,
6615Florida Statutes, are amended to read:
6616     455.01  Definitions.--As used in this chapter, the term:
6617     (1)  "Board" means any board or commission, or other
6618statutorily created entity to the extent such entity is
6619authorized to exercise regulatory or rulemaking functions,
6620within the department, including the Florida Real Estate
6621Commission; except that, for ss. 455.201-455.245, "board" means
6622only a board, or other statutorily created entity to the extent
6623such entity is authorized to exercise regulatory or rulemaking
6624functions, within the Division of Certified Public Accounting,
6625the Division of Professions and Regulation, or the Division of
6626Real Estate.
6627     (6)  "Profession" means any activity, occupation,
6628profession, or vocation regulated by the department in the
6629Divisions of Certified Public Accounting, Professions and
6630Regulation, and Real Estate, and Regulation.
6631     Section 223.  Paragraph (a) of subsection (1) of section
6632455.217, Florida Statutes, is amended to read:
6633     455.217  Examinations.--This section shall be read in
6634conjunction with the appropriate practice act associated with
6635each regulated profession under this chapter.
6636     (1)  The Division of Service Operations Technology,
6637Licensure, and Testing of the Department of Business and
6638Professional Regulation shall provide, contract, or approve
6639services for the development, preparation, administration,
6640scoring, score reporting, and evaluation of all examinations.
6641The division shall seek the advice of the appropriate board in
6642providing such services.
6643     (a)  The department, acting in conjunction with the
6644Division of Service Operations Technology, Licensure, and
6645Testing and the Division of Real Estate, as appropriate, shall
6646ensure that examinations adequately and reliably measure an
6647applicant's ability to practice the profession regulated by the
6648department. After an examination developed or approved by the
6649department has been administered, the board or department may
6650reject any question which does not reliably measure the general
6651areas of competency specified in the rules of the board or
6652department, when there is no board. The department shall use
6653professional testing services for the development, preparation,
6654and evaluation of examinations, when such services are available
6655and approved by the board.
6656     Section 224.  Except as otherwise provided herein, this act
6657shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.

Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2019 State of Florida.