November 15, 2019
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       Florida Senate - 2010                             CS for SB 1238
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Ring
       
       
       
       585-03077-10                                          20101238c1
    1                        A bill to be entitled                      
    2         An act relating to a review of the Department of
    3         Management Services under the Florida Government
    4         Accountability Act; transferring certain programs and
    5         related trust funds from the department to other state
    6         agencies within the executive branch; authorizing the
    7         Executive Office of the Governor to transfer funds and
    8         positions with the approval of the Legislative budget
    9         Commission; requesting the interim assistance of the
   10         Division of Statutory Revision to prepare conforming
   11         legislation for the next regular session of the
   12         Legislature; amending ss. 11.917, 14.057, 14.204,
   13         16.615, and 20.04, F.S.; conforming provisions to
   14         changes made by the act; amending s. 20.22, F.S.;
   15         changing the name of the department to the Department
   16         of Personnel Management; conforming provisions to
   17         changes made by the act; amending ss. 20.23, 20.331,
   18         20.50, 24.105, 24.120, 29.008, 29.21, 110.1055,
   19         110.107, 110.1099, 110.116, 110.121, 110.1227,
   20         110.1228, 110.123, 110.12312, 110.12315, 110.1232,
   21         110.1234, 110.1245, 110.125, 110.131, 110.151,
   22         110.1522, 110.161, 110.171, 110.181, 110.2035,
   23         110.2037, 110.205, 110.2135, 110.227, 110.403,
   24         110.405, 110.406, 110.503, 110.605, 110.606, 112.0455,
   25         112.05, 112.08, 112.0804, 112.24, 112.3173, 112.31895,
   26         112.352, 112.354, 112.358, 112.361, 112.362, 112.363,
   27         112.63, 112.64, 112.658, 112.661, 112.665, 120.65,
   28         121.021, 121.025, 121.031, 121.051, 121.0511,
   29         121.0515, 121.055, and 121.1815, F.S.; conforming
   30         provisions to changes made by the act; repealing s.
   31         121.1905, F.S., relating to the creation of the
   32         Division of Retirement; amending ss. 121.192, 121.22,
   33         121.23, 121.24, 121.35, 121.40, 121.4501, 121.4503,
   34         121.591, 121.5911, 121.78, 122.02, 122.09, 122.23,
   35         122.34, 145.19, 154.04, 163.3184, 175.032, 175.1215,
   36         175.361, 185.02, 185.105, 185.37, 189.4035, 189.412,
   37         210.20, 210.75, 213.053, 215.196, 215.22, 215.28,
   38         215.422, 215.425, 215.47, 215.50, 215.94, 215.96,
   39         216.0152, 216.016, 216.023, 216.044, 216.163, 216.237,
   40         216.238, 216.262, 216.292, 217.02, 217.04, 217.045,
   41         238.01, 238.02, 238.03, 238.07, 238.09, 238.10,
   42         238.11, 238.12, 238.15, 238.171, 238.181, 238.32,
   43         250.22, 252.385, 253.034, 253.126, 253.45, 255.02,
   44         255.043, 255.05, 255.0525, 255.248, 255.249, 255.25,
   45         255.25001, 255.252, 255.253, 255.257, 255.2575,
   46         255.259, 255.28, 255.29, 255.30, 255.31, 255.32,
   47         255.45, 255.451, 255.502, 255.503, 255.504, 255.505,
   48         255.506, 255.507, 255.508, 255.509, 255.51, 255.511,
   49         255.513, 255.514, 255.515, 255.517, 255.518, 255.52,
   50         255.521, 255.522, 255.523, 255.555, 265.001, 265.2865,
   51         267.061, 267.0625, 267.075, 270.27, 272.03, 272.04,
   52         272.05, 272.06, 272.07, 272.08, 272.09, 272.12,
   53         272.121, 272.122, 272.124, 272.129, 272.16, 272.161,
   54         272.18, 272.185, 273.055, 281.02, 281.03, 281.06,
   55         281.07, 281.08, 282.0041, 282.205, 282.604, 282.702,
   56         282.703, 282.704, 282.705, 282.706, 282.707, 282.709,
   57         282.7101, 282.711, 283.30, 283.32, 284.01, 284.04,
   58         284.05, 284.08, 284.33, 284.385, 284.42, 285.06,
   59         285.14, 286.29, 287.012, 287.025, 287.032, 287.042,
   60         287.055, 287.057, and 287.05721, F.S.; conforming
   61         provisions to changes made by the act; repealing s.
   62         287.0573, F.S., relating to the Council on Efficient
   63         Government; amending ss. 287.0574, 287.076, 287.083,
   64         287.0834, 287.0943, 287.09451, 287.131, 287.133,
   65         287.134, 287.15, 287.151, 287.155, 287.16, 287.161,
   66         287.17, 287.18, 287.19, 288.021, 288.109, 288.1092,
   67         288.1093, 288.1185, 288.15, 288.17, 288.18, 288.703,
   68         288.706, 288.708, 288.7091, 288.712, 288.901, 295.187,
   69         318.18, 318.21, 320.0802, s. 320.08056, 321.04,
   70         328.72, 337.02, 337.023, 337.165, 338.2216, 338.227,
   71         350.0614, 350.125, 364.0135, 364.515, 364.516,
   72         365.171, 365.172, 365.173, 373.4596, 373.461, 376.10,
   73         377.703, 381.98, 394.9151, 395.1031, 400.121, 401.013,
   74         401.015, 401.018, 401.021, 401.024, 401.027, 401.245,
   75         402.35, 402.50, 403.061, 403.42, 403.518, 403.5365,
   76         403.7065, 403.714, 403.7145, 403.71852, 406.075,
   77         408.039, 408.910, 413.036, 413.051, 414.37, 429.14,
   78         440.2715, 440.45, 445.009, 447.205, 455.32, 471.038,
   79         489.145, 553.995, 570.07, 627.096, 633.382, 650.02,
   80         760.04, 766.302, 768.1326, 943.03, 943.0311, 943.13,
   81         943.61, 943.66, 943.681, 944.02, 944.10, 944.115,
   82         944.713, 944.72, 944.8041, 945.215, 946.504, 946.515,
   83         946.525, 957.04, 957.06, 957.07, 957.08, 957.14,
   84         957.15, 957.16, 1001.27, 1001.42, 1001.705, 1001.706,
   85         1001.74, 1002.36, 1002.37, 1004.58, 1012.33, 1012.34,
   86         1012.61, 1012.796, 1012.865, 1012.875, 1013.03,
   87         1013.23, s. 1013.30, and 1013.38, F.S.; conforming
   88         provision to changes made by the act; creating s.
   89         20.51, F.S.; establishing the Department of Asset
   90         Management; transferring certain divisions and
   91         programs in the Department of Environmental Protection
   92         to the new department; providing effective dates.
   93  
   94         WHEREAS, the Florida Government Accountability Act, ss.
   95  11.901-11.920, Florida Statutes, requires the Department of
   96  Management Services to undergo a sunset review by July 1, 2010,
   97  in order to determine whether the agency should be retained,
   98  modified, or abolished, and
   99         WHEREAS, in anticipation of that review, the Department of
  100  Management Services produced a report pursuant to s. 11.906,
  101  Florida Statutes, and
  102         WHEREAS, upon receipt of that report, the Joint Legislative
  103  Sunset Committee and the Legislative Sunset Review Committees of
  104  the Senate and the House of Representatives reviewed the report
  105  and directed the Office of Program Policy Analysis and
  106  Government Accountability to conduct a review of the department,
  107  and
  108         WHEREAS, based on the department’s report, the reports
  109  prepared by the Office of Program Policy Analysis and Government
  110  Accountability, and public input, the Legislative Sunset Review
  111  Committees made recommendations on the abolition, continuation,
  112  or reorganization of the Department of Management Services; on
  113  the need for the functions performed by the department; and on
  114  the consolidation, transfer, or reorganization of programs
  115  within the department, NOW, THEREFORE,
  116  
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Type two transfers from the Department of
  120  Management Services.—
  121         (1) All powers, duties, functions, records, offices,
  122  personnel, property, pending issues, and existing contracts,
  123  administrative authority, administrative rules, and unexpended
  124  balances of appropriations, allocations, and other funds
  125  relating to the following programs in the Department of
  126  Management Services are transferred by a type two transfer, as
  127  defined in s. 20.06(2), Florida Statutes, as follows:
  128         (a)The executive aircraft pool established under s.
  129  287.161, Florida Statutes, is transferred to the Executive
  130  Office of the Governor.
  131         (b)The Division of State Purchasing, the Office of
  132  Supplier Diversity, the Fleet Management program, the Federal
  133  Surplus Property Donation Program, and the Bureau of Private
  134  Prison Monitoring are transferred to the Department of Financial
  135  Services.
  136         (c) The Facilities Program is transferred to the Department
  137  of Environmental Protection.
  138         (d)All programs relating to the delivery of
  139  telecommunications services, including, but not limited to,
  140  SUNCOM, are transferred to the Agency for Enterprise Information
  141  Technology.
  142         (e)All programs relating to the delivery of land mobile
  143  radio services, including local public safety radio services,
  144  state public safety radio services, emergency medical services,
  145  and the Florida Interoperability Network, are transferred to the
  146  Department of Law Enforcement.
  147         (2) The following trust funds are transferred:
  148         (a) From the Department of Management Services to the
  149  Department of Environmental Protection:
  150         1. The Architects Incidental Trust Fund, FLAIR number 72-2
  151  033.
  152         2. The Florida Facilities Pool Working Capital Trust Fund,
  153  FLAIR number 72-2-225.
  154         3. The Florida Facilities Pool Clearing Trust Fund, FLAIR
  155  number 72-2-313.
  156         4. The Public Facilities Finance Trust Fund, FLAIR number
  157  72-2-495.
  158         5. The Supervision Trust Fund, FLAIR number 72-2-696.
  159         (b) The Bureau of Aircraft Trust Fund, FLAIR number 72-2
  160  066, is transferred from the Department of Management Services
  161  to the Executive Office of the Governor:
  162         (c) From the Department of Management Services to the
  163  Agency for Enterprise Information Technology:
  164         1. The Communications Working Capital Trust Fund, FLAIR
  165  number 72-2-105.
  166         2. The Working Capital Trust Fund, FLAIR number 72-2-792.
  167         (d) From the Department of Management Services to the
  168  Department of Law Enforcement:
  169         1. The Law Enforcement Radio Trust Fund, FLAIR number 72-2
  170  432.
  171         2. The Emergency Communications Number E911 System Trust
  172  Fund, FLAIR number 72-2-344.
  173         (e) The Surplus Property Revolving Trust Fund, FLAIR number
  174  72-2-696, is transferred From the Department of Management
  175  Services to the Department of Financial Services.
  176         Section 2. Notwithstanding ss. 216.292 and 216.351, Florida
  177  Statutes, upon approval by the Legislative Budget Committee, the
  178  Executive Office of the Governor may transfer funds and
  179  positions between agencies to implement this act.
  180         Section 3. The Legislature recognizes that there is a need
  181  to conform the Florida Statutes to the policy decisions
  182  reflected in this act and that there is a need to resolve
  183  apparent conflicts between any other legislation that has been
  184  or may be enacted during 2010 and the abolition of the
  185  Department of Management Services, the creation of the
  186  Department of Personnel Management, and the transfer of the
  187  duties of the Department of Management Services to other
  188  agencies made by this act. Therefore, in the interim between
  189  this act becoming law and the 2011 Regular Session of the
  190  Legislature or an earlier special session addressing this issue,
  191  the Division of Statutory Revision shall provide the relevant
  192  substantive committees of the Senate and the House of
  193  Representatives with assistance, upon request, to enable such
  194  committees to prepare draft legislation to conform the Florida
  195  Statutes and any legislation enacted during 2010 to the
  196  provisions of this act.
  197         Section 4. Subsection (3) of section 11.917, Florida
  198  Statutes, is amended to read:
  199         11.917 Procedure after termination.—
  200         (3)(a) If not otherwise provided by law:,
  201         (a) Property in the custody of an abolished state agency or
  202  advisory committee shall be transferred to the Department of
  203  Financial Management Services.
  204         (b) If not otherwise provided by law, Records in the
  205  custody of an abolished state agency or advisory committee shall
  206  be transferred to the Department of State.
  207         Section 5. Subsection (2) of section 14.057, Florida
  208  Statutes, is amended to read:
  209         14.057 Governor-elect; establishment of operating fund.—
  210         (2) The Department of Environmental Protection Management
  211  Services shall provide for the Governor-elect, the Governor
  212  elect’s staff, and the inauguration staff temporary office
  213  facilities in the capitol center for the period extending from
  214  the day of the certification of the Governor-elect’s election by
  215  the Elections Canvassing Commission to the day of his or her
  216  inauguration.
  217         Section 6. Paragraphs (h) and (i) of subsection (4) of
  218  section 14.204, Florida Statutes, are amended to read:
  219         14.204 Agency for Enterprise Information Technology.—The
  220  Agency for Enterprise Information Technology is created within
  221  the Executive Office of the Governor.
  222         (4) The agency shall have the following duties and
  223  responsibilities:
  224         (h) In consultation with the Division of Purchasing in the
  225  Department of Financial Management Services, coordinate
  226  procurement negotiations for software that will be used by
  227  multiple agencies.
  228         (i) In coordination with, and through the services of, the
  229  Division of Purchasing in the Department of Financial Management
  230  Services, develop best practices for technology procurements.
  231         Section 7. Paragraph (i) of subsection (1) of section
  232  16.615, Florida Statutes, is amended to read:
  233         16.615 Council on the Social Status of Black Men and Boys.—
  234         (1) The Council on the Social Status of Black Men and Boys
  235  is established within the Department of Legal Affairs and shall
  236  consist of 19 members appointed as follows:
  237         (i) The executive director of the Department of Personnel
  238  Management Secretary of Management Services or a his or her
  239  designee.
  240         Section 8. Subsections (3) and (7) of section 20.04,
  241  Florida Statutes, are amended to read:
  242         20.04 Structure of executive branch.—The executive branch
  243  of state government is structured as follows:
  244         (3) For their internal structure, all departments, except
  245  for the Department of Financial Services, the Department of
  246  Children and Family Services, the Department of Corrections, the
  247  Department of Personnel Management Services, the Department of
  248  Revenue, and the Department of Transportation, must adhere to
  249  the following standard terms:
  250         (a) The principal unit of the department is the “division.”
  251  Each division is headed by a “director.”
  252         (b) The principal unit of the division is the “bureau.”
  253  Each bureau is headed by a “chief.”
  254         (c) The principal unit of the bureau is the “section.” Each
  255  section is headed by an “administrator.”
  256         (d) If further subdivision is necessary, sections may be
  257  divided into “subsections,” which are headed by “supervisors.”
  258         (7)(a) Unless specifically authorized by law, the head of a
  259  department may not reallocate duties and functions specifically
  260  assigned by law to a specific unit of the department.
  261         (a) Those functions or agencies assigned generally to the
  262  department without specific designation to a unit of the
  263  department may be allocated and reallocated to a unit of the
  264  department at the discretion of the head of the department.
  265         (b) Within the limitations of this subsection, the head of
  266  the department may recommend the establishment of additional
  267  divisions, bureaus, sections, and subsections of the department
  268  to promote efficient and effective operation of the department.
  269  However, additional divisions, or offices in the Department of
  270  Children and Family Services, the Department of Corrections, and
  271  the Department of Transportation, may be established only by
  272  specific statutory enactment.
  273         (c) New bureaus, sections, and subsections of departments
  274  may be initiated by a department and established as recommended
  275  by the Department of Personnel Management Services and approved
  276  by the Executive Office of the Governor, or may be established
  277  by specific statutory enactment.
  278         (d)(c) For the purposes of such recommendations and
  279  approvals, the Department of Personnel Management Services and
  280  the Executive Office of the Governor, respectively, must adopt
  281  and apply specific criteria for assessing the appropriateness of
  282  all reorganization requests from agencies. The criteria must be
  283  applied to future agency requests for reorganization and must be
  284  used to review the appropriateness of bureaus currently in
  285  existence. Any current bureau that does not meet the criteria
  286  for a bureau must be reorganized into a section or other
  287  appropriate unit.
  288         Section 9. Section 20.22, Florida Statutes, is amended to
  289  read:
  290         20.22 Department of Personnel Management Services.—The
  291  There is created a Department of Personnel Management is created
  292  Services.
  293         (1) The head of the Department of Personnel Management
  294  Services is the Governor and Cabinet, who shall appoint an
  295  executive director the Secretary of Management Services, who
  296  shall be appointed by the Governor, subject to confirmation by
  297  the Senate, and who shall serve at the pleasure of the Governor
  298  and Cabinet.
  299         (2) The following divisions and programs within the
  300  Department of Management Services are established within the
  301  department:
  302         (a)Facilities Program.
  303         (b)Technology Program.
  304         (a)(c)Division of Human Resource Management Workforce
  305  Program.
  306         (d)1.Support Program.
  307         2.Federal Property Assistance Program.
  308         (e)Administration Program.
  309         (f)Division of Administrative Hearings.
  310         (b)(g) Division of Retirement.
  311         (c)(h) Division of State Group Insurance.
  312         (d)Division of Administrative Hearings, as a separate
  313  budget entity and not subject to the department’s control,
  314  supervision, or direction.
  315         (3) The duties of the Chief Labor Negotiator shall be
  316  determined by the Governor Secretary of Management Services, and
  317  must include, but need not be limited to, the representation of
  318  the Governor as the public employer in collective bargaining
  319  negotiations pursuant to the provisions of chapter 447.
  320         Section 10. Subsection (6) of section 20.23, Florida
  321  Statutes, is amended to read:
  322         20.23 Department of Transportation.—There is created a
  323  Department of Transportation which shall be a decentralized
  324  agency.
  325         (6) Notwithstanding the provisions of s. 110.205, the
  326  Department of Personnel Management may Services is authorized to
  327  exempt positions within the Department of Transportation which
  328  are comparable to positions within the Senior Management Service
  329  pursuant to s. 110.205(2)(j) or positions that which are
  330  comparable to positions in the Selected Exempt Service under s.
  331  110.205(2)(m).
  332         Section 11. Paragraph (c) of subsection (6) of section
  333  20.331, Florida Statutes, is amended to read:
  334         20.331 Fish and Wildlife Conservation Commission.—
  335         (6) GENERAL PROVISIONS.—
  336         (c) Divisions, sections, and offices created by this act
  337  may be abolished only by general law. Additional divisions in
  338  the commission may only be established by general law. New
  339  sections, subsections, and offices of the commission may be
  340  initiated by the commission and established as recommended by
  341  the Department of Personnel Management Services and approved by
  342  the Executive Office of the Governor, or may be established by
  343  general law.
  344         Section 12. Section 20.50, Florida Statutes, is amended to
  345  read:
  346         20.50 Agency for Workforce Innovation.—There is created The
  347  Agency for Workforce Innovation is created within the Department
  348  of Personnel Management Services. The agency is shall be a
  349  separate budget entity, as provided in the General
  350  Appropriations Act, and the director of the agency shall be the
  351  agency head for all purposes. The head of the agency is the
  352  director of Workforce Innovation, who shall be appointed by the
  353  Governor. The agency is shall not be subject to control,
  354  supervision, or direction by the Department of Personnel
  355  Management Services in any manner, including, but not limited
  356  to, personnel, purchasing, transactions involving real or
  357  personal property, and budgetary matters.
  358         (1) The agency for Workforce Innovation shall ensure that
  359  the state appropriately administers federal and state workforce
  360  funding by administering plans and policies of Workforce
  361  Florida, Inc., under contract with Workforce Florida, Inc. The
  362  operating budget and midyear amendments thereto must be part of
  363  such contract.
  364         (a) All program and fiscal instructions to regional
  365  workforce boards must shall emanate from the agency pursuant to
  366  plans and policies of Workforce Florida, Inc. Workforce Florida,
  367  Inc., is shall be responsible for all policy directions to the
  368  regional boards.
  369         (b) Unless otherwise provided by agreement with Workforce
  370  Florida, Inc., administrative and personnel policies of the
  371  agency for Workforce Innovation shall apply.
  372         (2)(a) The agency for Workforce Innovation is the
  373  administrative agency designated for receipt of federal
  374  workforce development grants and other federal funds. The agency
  375  shall administer the duties and responsibilities assigned by the
  376  Governor under each federal grant assigned to the agency.
  377         (a) The agency shall expend each revenue source as provided
  378  by federal and state law and as provided in plans developed by
  379  and agreements with Workforce Florida, Inc. The agency may serve
  380  as contract administrator for Workforce Florida, Inc., contracts
  381  pursuant to s. 445.004(5) as directed by Workforce Florida, Inc.
  382         (b) The agency shall prepare and submit a unified budget
  383  request for workforce development, in accordance with chapter
  384  216 for, and in conjunction with, Workforce Florida, Inc., and
  385  its board. The head of the agency is the director of Workforce
  386  Innovation, who shall be appointed by the Governor.
  387         (c) The agency shall include the following offices within
  388  its organizational structure:
  389         1. The Office of Unemployment Compensation Services;
  390         2. The Office of Workforce Program Support;
  391         3. The Office of Early Learning, which shall administer the
  392  school readiness system in accordance with s. 411.01 and the
  393  operational requirements of the Voluntary Prekindergarten
  394  Education Program in accordance with part V of chapter 1002. The
  395  office shall be directed by the Deputy Director for Early
  396  Learning, who shall be appointed by and serve at the pleasure of
  397  the director; and
  398         4. The Office of Agency Support Services.
  399         (d) The director of the agency may establish the positions
  400  of assistant director and deputy director to administer the
  401  requirements and functions of the agency. In addition, the
  402  director may organize and structure the offices of the agency to
  403  best meet the goals and objectives of the agency as provided in
  404  s. 20.04.
  405         (e)(d) The Unemployment Appeals Commission, authorized by
  406  s. 443.012, is not subject to control, supervision, or direction
  407  by the agency for Workforce Innovation in the performance of its
  408  powers and duties but shall receive any and all support and
  409  assistance from the agency that is required for the performance
  410  of its duties.
  411         (3) The agency for Workforce Innovation shall serve as the
  412  designated agency for purposes of each federal workforce
  413  development grant assigned to it for administration. The agency
  414  shall carry out the duties assigned to it by the Governor, under
  415  the terms and conditions of each grant. The agency shall have
  416  the level of authority and autonomy necessary to be the
  417  designated recipient of each federal grant assigned to it, and
  418  shall disperse such grants pursuant to the plans and policies of
  419  Workforce Florida, Inc. The director may, upon delegation from
  420  the Governor and pursuant to agreement with Workforce Florida,
  421  Inc., sign contracts, grants, and other instruments as necessary
  422  to execute functions assigned to the agency. Notwithstanding
  423  other provisions of law, the agency for Workforce Innovation
  424  shall administer other programs funded by federal or state
  425  appropriations, as determined by the Legislature in the General
  426  Appropriations Act or by law.
  427         (4) The agency for Workforce Innovation may provide or
  428  contract for training for employees of administrative entities
  429  and case managers of any contracted providers to ensure that
  430  they have the necessary competencies and skills to provide
  431  adequate administrative oversight and delivery of the full array
  432  of client services.
  433         (5) The agency for Workforce Innovation shall have an
  434  official seal by which its records, orders, and proceedings are
  435  authenticated. The seal shall be judicially noticed.
  436         Section 13. Subsection (13) of section 24.105, Florida
  437  Statutes, is amended to read:
  438         24.105 Powers and duties of department.—The department
  439  shall:
  440         (13) Have the authority to Perform any of the functions of
  441  the Department of Financial Management Services under chapter
  442  255, chapter 273, chapter 281, chapter 283, or chapter 287, or
  443  any rules adopted under any such chapter, and may grant
  444  approvals provided for under any such chapter or rules. If the
  445  department finds, by rule, that compliance with any such chapter
  446  would impair or impede the effective or efficient operation of
  447  the lottery, the department may adopt rules providing
  448  alternative procurement procedures. Such alternative procedures
  449  shall be designed to allow the department to evaluate competing
  450  proposals and select the proposal that provides the greatest
  451  long-term benefit to the state with respect to the quality of
  452  the products or services, dependability and integrity of the
  453  vendor, dependability of the vendor’s products or services,
  454  security, competence, timeliness, and maximization of gross
  455  revenues and net proceeds over the life of the contract.
  456         Section 14. Subsection (6) of section 24.120, Florida
  457  Statutes, is amended to read:
  458         24.120 Financial matters; Operating Trust Fund; interagency
  459  cooperation.—
  460         (6) The Department of Financial Management Services may
  461  authorize a sales incentive program for employees of the
  462  department for the purpose of increasing the sales volume and
  463  distribution of lottery tickets. Payments pursuant to the
  464  program are shall not be construed to be lump-sum salary
  465  bonuses.
  466         Section 15. Paragraph (a) of subsection (1) of section
  467  29.008, Florida Statutes, is amended to read:
  468         29.008 County funding of court-related functions.—
  469         (1) Counties are required by s. 14, Art. V of the State
  470  Constitution to fund the cost of communications services,
  471  existing radio systems, existing multiagency criminal justice
  472  information systems, and the cost of construction or lease,
  473  maintenance, utilities, and security of facilities for the
  474  circuit and county courts, public defenders’ offices, state
  475  attorneys’ offices, guardian ad litem offices, and the offices
  476  of the clerks of the circuit and county courts performing court
  477  related functions. For purposes of this section, the term
  478  “circuit and county courts” includes the offices and staffing of
  479  the guardian ad litem programs, and the term “public defenders’
  480  offices” includes the offices of criminal conflict and civil
  481  regional counsel. The county designated under s. 35.05(1) as the
  482  headquarters for each appellate district shall fund these costs
  483  for the appellate division of the public defender’s office in
  484  that county. For purposes of implementing these requirements,
  485  the term:
  486         (a) “Facility” means reasonable and necessary buildings and
  487  office space and appurtenant equipment and furnishings,
  488  structures, real estate, easements, and related interests in
  489  real estate, including, but not limited to, those for the
  490  purpose of housing legal materials for use by the general public
  491  and personnel, equipment, or functions of the circuit or county
  492  courts, public defenders’ offices, state attorneys’ offices, and
  493  court-related functions of the office of the clerks of the
  494  circuit and county courts and all storage. The term “facility”
  495  includes all wiring necessary for court reporting services. The
  496  term also includes access to parking for such facilities in
  497  connection with such court-related functions that may be
  498  available free or from a private provider or a local government
  499  for a fee. The office space provided by a county may not be less
  500  than the standards for space allotment adopted by the Department
  501  of Environmental Protection Management Services, except that
  502  this requirement applies only to facilities that are leased, or
  503  on which construction commences, after June 30, 2003. County
  504  funding must include physical modifications and improvements to
  505  all facilities as are required for compliance with the Americans
  506  with Disabilities Act. Upon mutual agreement of a county and the
  507  affected entity in this paragraph, the office space provided by
  508  the county may vary from the standards for space allotment
  509  adopted by the Department of Environmental Protection Management
  510  Services.
  511         1. As of July 1, 2005, Equipment and furnishings are shall
  512  be limited to that which is appropriate and customary for
  513  courtrooms, hearing rooms, jury facilities, and other public
  514  areas in courthouses and any other facility occupied by the
  515  courts, state attorneys, public defenders, guardians ad litem,
  516  and criminal conflict and civil regional counsel. Court
  517  reporting equipment in these areas or facilities is not a
  518  responsibility of the county.
  519         2. Equipment and furnishings under this paragraph in
  520  existence and owned by counties on July 1, 2005, except for that
  521  in the possession of the clerks, for areas other than
  522  courtrooms, hearing rooms, jury facilities, and other public
  523  areas in courthouses and any other facility occupied by the
  524  courts, state attorneys, and public defenders, shall be
  525  transferred to the state at no charge. This provision does not
  526  apply to any communications services as defined in paragraph
  527  (f).
  528         Section 16. Section 29.21, Florida Statutes, is amended to
  529  read:
  530         29.21 Department of Management Services to provide
  531  Assistance in procuring services.—In accordance with s. 287.042,
  532  the Department of Financial Management Services may assist the
  533  Office of the State Courts Administrator and the Justice
  534  Administrative Commission with competitive solicitations for the
  535  procurement of state-funded services under this chapter. This
  536  may include assistance in the development and review of
  537  proposals in compliance with chapter 287, and rules adopted
  538  under that chapter.
  539         Section 17. Section 110.1055, Florida Statutes, is amended
  540  to read:
  541         110.1055 Rules and rulemaking authority.—The Department of
  542  Personnel Management Services shall adopt rules as necessary to
  543  effectuate the provisions of this chapter, as amended by this
  544  act, and in accordance with the authority granted to the
  545  department under in this chapter. All existing rules relating to
  546  this chapter are statutorily repealed January 1, 2002, unless
  547  otherwise readopted.
  548         Section 18. Subsections (1) and (2) of section 110.107,
  549  Florida Statutes, are amended to read:
  550         110.107 Definitions.—As used in this chapter, the term:
  551         (1) “Department” means the Department of Personnel
  552  Management Services.
  553         (2) “Executive director Secretary” means the executive
  554  director of the department Secretary of Management Services.
  555         Section 19. Subsection (5) of section 110.1099, Florida
  556  Statutes, is amended to read:
  557         110.1099 Education and training opportunities for state
  558  employees.—
  559         (5) The department of Management Services, in consultation
  560  with the agencies and, to the extent applicable, with the state
  561  Florida’s public community colleges, public career centers, and
  562  public universities, shall adopt rules to administer this
  563  section.
  564         Section 20. Section 110.116, Florida Statutes, is amended
  565  to read:
  566         110.116 Personnel information system; payroll procedures.
  567  The department of Management Services shall establish and
  568  maintain, in coordination with the payroll system of the
  569  Department of Financial Services, a complete personnel
  570  information system for all authorized and established positions
  571  in the state service, with the exception of employees of the
  572  Legislature, unless the Legislature chooses to participate. The
  573  department may contract with a vendor to provide the personnel
  574  information system. The specifications shall be developed in
  575  conjunction with the payroll system of the Department of
  576  Financial Services and in coordination with the Auditor General.
  577  The Department of Financial Services shall determine that the
  578  position occupied by each employee has been authorized and
  579  established in accordance with the provisions of s. 216.251. The
  580  department of Management Services shall develop and maintain a
  581  position numbering system that identifies will identify each
  582  established position, and such information shall be a part of
  583  the payroll system of the Department of Financial Services. With
  584  the exception of employees of the Legislature, unless the
  585  Legislature chooses to participate, this system includes shall
  586  include all career service positions and those positions
  587  exempted from career service provisions, notwithstanding the
  588  funding source of the salary payments, and information regarding
  589  persons receiving payments from other sources. Necessary
  590  revisions shall be made in the personnel and payroll procedures
  591  of the state to avoid duplication insofar as is feasible. A list
  592  shall be organized by budget entity to show the employees or
  593  vacant positions within each budget entity. This list must shall
  594  be available to the Speaker of the House of Representatives and
  595  the President of the Senate upon request.
  596         Section 21. Section 110.121, Florida Statutes, is amended
  597  to read:
  598         110.121 Sick leave pool.—Each state department or agency
  599  that of the state which has authority to adopt rules governing
  600  the accumulation and use of sick leave for employees and that
  601  which maintains accurate and reliable records showing the amount
  602  of sick leave which has been accumulated and is unused by
  603  employees may, in accordance with guidelines that are which
  604  shall be established by the department of Management Services,
  605  adopt rules for establishing the establishment of a plan
  606  allowing participating employees to pool sick leave and allowing
  607  any sick leave thus pooled to be used by a any participating
  608  employee who has used all of his or her the sick leave that has
  609  been personally accrued by him or her. At a minimum Although not
  610  limited to the following, such rules shall provide:
  611         (1) That employees are shall be eligible for participation
  612  in the sick leave pool after 1 year of employment with a the
  613  state or agency if of the state; provided that such employee has
  614  accrued a minimum amount of unused sick leave, which minimum
  615  shall be established by rule.
  616         (2) That participation in the sick leave pool is shall, at
  617  all times, be voluntary on the part of the employees.
  618         (3) That any sick leave pooled shall be removed from the
  619  personally accumulated sick leave balance of the employee
  620  contributing such leave.
  621         (4) That any sick leave in the pool which leave is used by
  622  a participating employee is shall be used only for the
  623  employee’s personal illness, accident, or injury.
  624         (5) That a participating employee may shall not be eligible
  625  to use sick leave accumulated in the pool until all of his or
  626  her personally accrued sick, annual, and compensatory leave has
  627  been used.
  628         (6) The A maximum number of days of sick leave in the pool
  629  which any one employee may use.
  630         (7) That a participating employee who uses sick leave from
  631  the pool is shall not be required to recontribute such sick
  632  leave to the pool, except as otherwise provided in this section.
  633         (8) That an employee who cancels his or her membership in
  634  the sick leave pool may shall not be eligible to withdraw the
  635  days of sick leave contributed by that employee to the pool.
  636         (9) That an employee who transfers from one position in a
  637  state agency government to another position in another state
  638  agency government may transfer from one pool to another if the
  639  eligibility criteria of the pools are comparable or the
  640  administrators of the pools have agreed on a formula for
  641  transfer of credits.
  642         (10) That alleged abuse of the use of the sick leave pool
  643  shall be investigated, and, on a finding of wrongdoing, the
  644  employee must shall repay all of the sick leave credits drawn
  645  from the sick leave pool and is shall be subject to such other
  646  disciplinary action as is determined by the agency head.
  647         (11) That sick leave credits may be drawn from the sick
  648  leave pool by a part-time employee on a pro rata basis.
  649         Section 22. Section 110.1227, Florida Statutes, is amended
  650  to read:
  651         110.1227 Florida Employee Long-Term-Care Plan Act.—
  652         (1) The Legislature finds that state expenditures for long
  653  term-care services continue to increase at a rapid rate and that
  654  the state faces increasing pressure in its efforts to meet the
  655  long-term-care needs of the public.
  656         (a) It is the intent of the Legislature that the Department
  657  of Personnel Management Services and the Department of Elderly
  658  Affairs implement a self-funded or fully insured, voluntary,
  659  long-term-care plan for public employees and their families and
  660  provide an opportunity for public employees and their families
  661  to purchase said long-term-care insurance by means of payroll
  662  deduction.
  663         (b) The department and the Department of Elderly Affairs
  664  and the Department of Management Services shall jointly design
  665  the plan to provide long-term-care coverage for public
  666  employees, family members of public employees, and retirees. The
  667  departments Department of Management Services and the Department
  668  of Elderly Affairs shall enter into an interagency agreement
  669  defining their roles with regard to plan development and design.
  670  Joint planning expenses shall be shared to the extent that
  671  funded planning activities are consistent with the goals of the
  672  departments. Eligible plan participants must include active and
  673  retired officers and employees of all branches and state
  674  agencies of state and their spouses, children, stepchildren,
  675  parents, and parents-in-law; and, upon the affirmative vote of
  676  the governing body of any county or municipality in this state,
  677  the active and retired officers and employees of any such county
  678  or municipality and their spouses, children, stepchildren,
  679  parents, and parents-in-law; and the surviving spouses,
  680  children, stepchildren, parents, and parents-in-law of such
  681  deceased officers and employees, whether active or retired at
  682  the time of death.
  683         (c) This section does not limit the department’s act in no
  684  way affects the Department of Management Services’ authority
  685  under pursuant to s. 110.123.
  686         (d) The department of Management Services and the
  687  Department of Elderly Affairs shall review all self-insured and
  688  all fully-insured proposals submitted to it by qualified vendors
  689  who have submitted responses prior to February 23, 1999. Upon
  690  review of the proposals, the departments Department of
  691  Management Services and the Department of Elderly Affairs may
  692  award a contract to the vendor that the departments deem to
  693  represent the best value to public employees, family members of
  694  public employees, and retirees.
  695         (e) An No entity providing actuarial consulting services to
  696  the department of Management Services or the Department of
  697  Elderly Affairs in the preparation of the request for proposals,
  698  in the evaluation of such proposals, or in the selection of a
  699  provider of long-term-care service offerings may not shall be
  700  eligible to provide or contract to provide the entity selected
  701  as the provider of long-term-care service offerings in this
  702  state with any services related to the Florida Employee Long
  703  Term-Care plan.
  704         (2) As used in this section, the term:
  705         (a)“Department” means the Department of Elderly Affairs.
  706         (a)(b) “Self-funded” means that plan benefits and costs are
  707  funded from contributions made by or on behalf of participants
  708  and trust fund investment revenue.
  709         (b)(c) “Plan” means the Florida Employee Long-Term-Care
  710  Plan.
  711         (3) The department of Management Services and the
  712  Department of Elderly Affairs shall, in consultation with public
  713  employers and employees and representatives from unions and
  714  associations representing state, university, local government,
  715  and other public employees, establish and supervise the
  716  implementation and administration of a self-funded or fully
  717  insured long-term-care plan entitled “Florida Employee Long
  718  Term-Care Plan.”
  719         (a) The departments Department of Management Services and
  720  the department shall, in consultation with the Office of
  721  Insurance Regulation of the Financial Services Commission,
  722  contract for actuarial, professional-administrator, and other
  723  services for the Florida Employee Long-Term-Care plan.
  724         (b) When contracting for a professional administrator, the
  725  department of Management Services shall consider, at a minimum,
  726  the entity’s previous experience and expertise in administering
  727  group long-term-care self-funded plans or long-term-care
  728  insurance programs; the entity’s demonstrated ability to perform
  729  its contractual obligations in the state and in other
  730  jurisdictions; the entity’s projected administrative costs; the
  731  entity’s capability to adequately provide service coverage,
  732  including a sufficient number of experienced and qualified
  733  personnel in the areas of marketing, claims processing,
  734  recordkeeping, and underwriting; the entity’s accessibility to
  735  public employees and other qualified participants; and the
  736  entity’s financial soundness and solvency.
  737         (c) Any contract with a professional administrator entered
  738  into by the department of Management Services must require that
  739  the state be held harmless and indemnified for any financial
  740  loss caused by the failure of the professional administrator to
  741  comply with the terms of the contract.
  742         (d) The department of Management Services shall explore
  743  innovations in long-term-care financing and service delivery
  744  with regard to possible future inclusion in the plan. Such
  745  innovative financing and service delivery mechanisms may include
  746  managed long-term care and plans that set aside assets with
  747  regard to eligibility for Medicaid-funded long-term-care
  748  services in the same proportion that private long-term-care
  749  insurance benefits are used to pay for long-term care.
  750         (4) The department of Management Services and the
  751  Department of Elderly Services shall coordinate, directly or
  752  through contract, marketing of the plan. Expenses related to
  753  such marketing shall be reimbursed from funds of the plan.
  754         (5) The department of Management Services shall contract
  755  with the State Board of Administration for the investment of
  756  funds in the Florida Employee Long-Term-Care Plan reserve fund.
  757  Plan funds are not state funds. The moneys shall be held by the
  758  state board of Administration on behalf of enrollees and
  759  invested and disbursed in accordance with a trust agreement
  760  approved by the division and the state board of Administration
  761  and in accordance with the provisions of ss. 215.44-215.53.
  762  Moneys in the reserve fund may be used only for the purposes
  763  specified in the agreement.
  764         (6) A Florida Employee Long-Term-Care Plan Board of
  765  Directors is created, composed of nine members who shall serve
  766  2-year terms, to be appointed after May 1, 1999, as follows:
  767         (a) The secretary of the Department of Elderly Affairs
  768  shall appoint a member who is a plan participant.
  769         (b) The Director of the Office of Insurance Regulation
  770  shall appoint an actuary.
  771         (c) The Attorney General shall appoint an attorney licensed
  772  to practice law in this state.
  773         (d) The Governor shall appoint three members from a broad
  774  cross-section of the residents of this state.
  775         (e) The Department of Personnel Management Services shall
  776  appoint a member.
  777         (f) The President of the Senate shall appoint a member of
  778  the Senate.
  779         (g) The Speaker of the House of Representatives shall
  780  appoint a member of the House of Representatives.
  781         (7) The board of directors of the Florida Long-Term-Care
  782  Plan shall:
  783         (a) Prepare an annual report of the plan, with the
  784  assistance of an actuarial consultant, to be submitted to the
  785  Speaker of the House of Representatives, the President of the
  786  Senate, the Governor, and the Minority Leaders of the Senate and
  787  the House of Representatives.
  788         (b) Approve the appointment of an executive director
  789  jointly recommended by the department of Management Services and
  790  the Department of Elderly Affairs to serve as the chief
  791  administrative and operational officer of the Florida Employee
  792  Long-Term-Care plan.
  793         (c) Approve the terms of the department’s Department of
  794  Management Services’ third-party administrator contract.
  795         (d) Implement such other policies and procedures as
  796  necessary to assure the soundness and efficient operation of the
  797  plan.
  798         (8) Members of the board may not receive a salary, but may
  799  be reimbursed for travel, per diem, and administrative expenses
  800  related to their duties. Board expenses and costs for the annual
  801  report and other administrative expenses must be borne by the
  802  plan. State funds may not be used for contributed toward costs
  803  associated with board members or their activities conducted on
  804  behalf of and for the benefit of plan beneficiaries.
  805         Section 23. Paragraph (f) of subsection (5) and subsection
  806  (7) of section 110.1228, Florida Statutes, are amended to read:
  807         110.1228 Participation by small counties, small
  808  municipalities, and district school boards located in small
  809  counties.—
  810         (5) If the department determines that a small county, small
  811  municipality, or district school board is eligible to enroll,
  812  the small county, small municipality, or district school board
  813  must agree to the following terms and conditions:
  814         (f) If a small county, small municipality, or district
  815  school board employer fails to make the payments required by
  816  this section to fully reimburse the state, upon the department’s
  817  request, the Department of Revenue or the Department of
  818  Financial Services shall, upon the request of the Department of
  819  Management Services, deduct the amount owed by the employer from
  820  any funds not pledged to bond debt service satisfaction that are
  821  to be distributed by it to the small county, small municipality,
  822  or district school board. The amounts so deducted shall be
  823  transferred to the department of Management Services for further
  824  distribution to the trust funds in accordance with this chapter.
  825         (7) The department of Management Services may adopt rules
  826  necessary to administer this section.
  827         Section 24. Subsection (2) and paragraphs (a), (e), (h),
  828  and (i) of subsection (3) of section 110.123, Florida Statutes,
  829  are amended to read:
  830         110.123 State group insurance program.—
  831         (2) DEFINITIONS.—As used in this section, the term:
  832         (a)“Department” means the Department of Management
  833  Services.
  834         (a)(b) “Enrollee” means all state officers and employees,
  835  retired state officers and employees, surviving spouses of
  836  deceased state officers and employees, and terminated employees
  837  or individuals with continuation coverage who are enrolled in an
  838  insurance plan offered by the state group insurance program. The
  839  term “Enrollee” includes all state university officers and
  840  employees, retired state university officers and employees,
  841  surviving spouses of deceased state university officers and
  842  employees, and terminated state university employees or
  843  individuals with continuation coverage who are enrolled in an
  844  insurance plan offered by the state group insurance program.
  845         (b)(c) “Full-time state employees” means includes all full
  846  time employees of state all branches or agencies of state
  847  government holding salaried positions and paid by state warrant
  848  or from agency funds, and employees paid from regular salary
  849  appropriations for 8 months’ employment, including university
  850  personnel on academic contracts, but in no case shall “state
  851  employee” or “salaried position” include persons paid from
  852  other-personal-services (OPS) funds. “Full-time employees”
  853  includes all full-time employees of the state universities.
  854         (c)(d) “Health maintenance organization” or “HMO” means an
  855  entity certified under part I of chapter 641.
  856         (d)(e) “Health plan member” means any person participating
  857  in a state group health insurance plan, a TRICARE supplemental
  858  insurance plan, or a health maintenance organization plan under
  859  the state group insurance program, including enrollees and
  860  covered dependents thereof.
  861         (e)(f) “Part-time state employee” means any employee of any
  862  branch or agency of state government paid by state warrant from
  863  salary appropriations or from agency funds, and who is employed
  864  for less than the normal full-time workweek established by the
  865  department or, if on academic contract or seasonal or other type
  866  of employment which is less than year-round, is employed for
  867  less than 8 months during any 12-month period. The term does
  868  not, but in no case shall “part-time” employee include a person
  869  paid from other-personal-services (OPS) funds. “Part-time state
  870  employee” includes any part-time employee of the state
  871  universities.
  872         (f)(g) “Retired state officer or employee” or “retiree”
  873  means any state or state university officer or employee who
  874  retires under a state retirement system or a state optional
  875  annuity or retirement program or is placed on disability
  876  retirement, and who was insured under the state group insurance
  877  program at the time of retirement, and who begins receiving
  878  retirement benefits immediately after retirement from state or
  879  state university office or employment. In addition to these
  880  requirements, the term includes any state officer or state
  881  employee who retires under the defined contribution Public
  882  Employee Optional Retirement program established under part II
  883  of chapter 121 shall be considered a “retired state officer or
  884  employee” or “retiree” as used in this section if he or she:
  885         1. Meets the age and service requirements to qualify for
  886  normal retirement as set forth in s. 121.021(29); or
  887         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  888  the Internal Revenue Code and has 6 years of creditable service.
  889         (g)(h) “State agency” or “agency” means any branch,
  890  department, or agency of state government. “State agency” or
  891  “agency” includes any state university for purposes of this
  892  section only.
  893         (h)(i) “State group health insurance plan or plans” or
  894  “state plan or plans” mean the state self-insured health
  895  insurance plan or plans offered to state officers and employees,
  896  retired state officers and employees, and surviving spouses of
  897  deceased state officers and employees pursuant to this section.
  898         (i)(j) “State-contracted HMO” means any health maintenance
  899  organization under contract with the department to participate
  900  in the state group insurance program.
  901         (j)(k) “State group insurance program” or “programs” means
  902  the package of insurance plans offered to state officers and
  903  employees, retired state officers and employees, and surviving
  904  spouses of deceased state officers and employees pursuant to
  905  this section, including the state group health insurance plan or
  906  plans, health maintenance organization plans, TRICARE
  907  supplemental insurance plans, and other plans required or
  908  authorized by law.
  909         (k)(l) “State officer” means any constitutional state
  910  officer, any elected state officer paid by state warrant, or any
  911  appointed state officer who is commissioned by the Governor and
  912  who is paid by state warrant.
  913         (l)(m) “Surviving spouse” means the widow or widower of a
  914  deceased state officer, full-time state employee, part-time
  915  state employee, or retiree if such widow or widower was covered
  916  as a dependent under the state group health insurance plan, a
  917  TRICARE supplemental insurance plan, or a health maintenance
  918  organization plan established pursuant to this section at the
  919  time of the death of the deceased officer, employee, or retiree.
  920  The term “Surviving spouse” also means any widow or widower who
  921  is receiving or eligible to receive a monthly state warrant from
  922  a state retirement system as the beneficiary of a state officer,
  923  full-time state employee, or retiree who died before prior to
  924  July 1, 1979. For the purposes of this section, any such widow
  925  or widower shall cease to be a surviving spouse upon his or her
  926  remarriage.
  927         (m)(n) “TRICARE supplemental insurance plan” means the
  928  Department of Defense Health Insurance Program for eligible
  929  members of the uniformed services authorized by 10 U.S.C. s.
  930  1097.
  931         (3) STATE GROUP INSURANCE PROGRAM.—
  932         (a) The Division of State Group Insurance is created within
  933  the department of Management Services.
  934         (e) The department of Management Services and the Division
  935  of State Group Insurance may not prohibit or limit any properly
  936  licensed insurer, health maintenance organization, prepaid
  937  limited health services organization, or insurance agent from
  938  competing for any insurance product or plan purchased, provided,
  939  or endorsed by the department or the division on the basis of
  940  the compensation arrangement used by the insurer or organization
  941  for its agents.
  942         (h)1.In lieu of participating in the state group health
  943  insurance program, a person eligible to participate in the state
  944  group insurance program may be authorized by department rules
  945  adopted by the department, in lieu of participating in the state
  946  group health insurance plan, to exercise an option to elect
  947  membership in a health maintenance organization plan that which
  948  is under contract with the state in accordance with criteria
  949  established by this section and department by said rules. The
  950  offer of optional membership in a health maintenance
  951  organization plan permitted by this paragraph may be limited or
  952  conditioned by rule as may be necessary to meet the requirements
  953  of state and federal laws.
  954         1.2. The department shall contract with health maintenance
  955  organizations seeking to participate in the state group
  956  insurance program through a request for proposal or other
  957  procurement process, as developed by the department of
  958  Management Services and determined to be appropriate.
  959         a. The department shall establish a schedule of minimum
  960  benefits for health maintenance organization coverage, and that
  961  schedule must shall include: physician services; inpatient and
  962  outpatient hospital services; emergency medical services,
  963  including out-of-area emergency coverage; diagnostic laboratory
  964  and diagnostic and therapeutic radiologic services; mental
  965  health, alcohol, and chemical dependency treatment services
  966  meeting the minimum requirements of state and federal law;
  967  skilled nursing facilities and services; prescription drugs;
  968  age-based and gender-based wellness benefits; and other benefits
  969  as may be required by the department. Additional services may be
  970  provided subject to the contract between the department and the
  971  HMO. As used in this paragraph, the term “age-based and gender
  972  based wellness benefits” includes aerobic exercise, education in
  973  alcohol and substance abuse prevention, blood cholesterol
  974  screening, health risk appraisals, blood pressure screening and
  975  education, nutrition education, program planning, safety belt
  976  education, smoking cessation, stress management, weight
  977  management, and women’s health education.
  978         b. The department may establish uniform deductibles,
  979  copayments, coverage tiers, or coinsurance schedules for all
  980  participating HMO plans.
  981         c. The department may require detailed information from
  982  each health maintenance organization participating in the
  983  procurement process, including information pertaining to
  984  organizational status, experience in providing prepaid health
  985  benefits, accessibility of services, financial stability of the
  986  plan, quality of management services, accreditation status,
  987  quality of medical services, network access and adequacy,
  988  performance measurement, ability to meet the department’s
  989  reporting requirements, and the actuarial basis of the proposed
  990  rates and other data determined by the director to be necessary
  991  for the evaluation and selection of health maintenance
  992  organization plans and negotiation of appropriate rates for
  993  these plans. Upon receipt of proposals by health maintenance
  994  organization plans and the evaluation of those proposals, the
  995  department may enter into negotiations with all of the plans or
  996  a subset of the plans, as the department determines appropriate.
  997  Nothing shall preclude The department may negotiate from
  998  negotiating regional or statewide contracts with health
  999  maintenance organization plans if when this is cost-effective
 1000  and when the department determines that the plan offers high
 1001  value to enrollees.
 1002         d. The department may limit the number of HMOs that it
 1003  contracts with in each service area based on the nature of the
 1004  bids the department receives, the number of state employees in
 1005  the service area, or any unique geographical characteristics of
 1006  the service area. The department shall establish by rule service
 1007  areas throughout the state.
 1008         e. All persons participating in the state group insurance
 1009  program may be required to contribute towards a total state
 1010  group health premium that may vary depending upon the plan and
 1011  coverage tier selected by the enrollee and the level of state
 1012  contribution authorized by the Legislature.
 1013         2.3. The department may is authorized to negotiate and to
 1014  contract with specialty psychiatric hospitals for mental health
 1015  benefits, on a regional basis, for alcohol, drug abuse, and
 1016  mental and nervous disorders. The department may establish,
 1017  Subject to the approval of the Legislature pursuant to
 1018  subsection (5), the department may establish any such regional
 1019  plan upon completion of an actuarial study to determine the
 1020  effect any impact on plan benefits and premiums.
 1021         3.4. In addition to contracting pursuant to subparagraph 1.
 1022  2., the department may enter into contract with any HMO to
 1023  participate in the state group insurance program which:
 1024         a. Serves greater than 5,000 recipients on a prepaid basis
 1025  under the Medicaid program;
 1026         b. Does not currently meet the 25-percent non-Medicare/non
 1027  Medicaid enrollment composition requirement established by the
 1028  Department of Health excluding participants enrolled in the
 1029  state group insurance program;
 1030         c. Meets the minimum benefit package and copayments and
 1031  deductibles contained in sub-subparagraphs 1.a. 2.a. and b.;
 1032         d. Is willing to participate in the state group insurance
 1033  program at a cost of premiums that is not greater than 95
 1034  percent of the cost of HMO premiums accepted by the department
 1035  in each service area; and
 1036         e. Meets the minimum surplus requirements of s. 641.225.
 1037  
 1038  The department may is authorized to contract with HMOs that meet
 1039  the requirements of sub-subparagraphs a.-d. before prior to the
 1040  open enrollment period for state employees. The department is
 1041  not required to renew the contract with the HMOs as set forth in
 1042  this paragraph more than twice. Thereafter, the HMOs may shall
 1043  be eligible to participate in the state group insurance program
 1044  only through the request for proposal or invitation to negotiate
 1045  process described in subparagraph 1. 2.
 1046         4.5. All enrollees in a state group health insurance plan,
 1047  a TRICARE supplemental insurance plan, or any health maintenance
 1048  organization plan may change have the option of changing to any
 1049  other health plan that is offered by the state within an any
 1050  open enrollment period designated by the department. Open
 1051  enrollment shall be held at least once each calendar year.
 1052         5.6.If When a contract between a treating provider and the
 1053  state-contracted health maintenance organization is terminated
 1054  for any reason other than for cause, each party shall allow any
 1055  enrollee for whom treatment was active to continue coverage and
 1056  care when medically necessary, through completion of treatment
 1057  of a condition for which the enrollee was receiving care at the
 1058  time of the termination, until the enrollee selects another
 1059  treating provider, or until the next open enrollment period
 1060  offered, whichever is longer, but no longer than 6 months after
 1061  termination of the contract. Each party to the terminated
 1062  contract shall allow an enrollee who has initiated a course of
 1063  prenatal care, regardless of the trimester in which care was
 1064  initiated, to continue care and coverage until completion of
 1065  postpartum care. This does not prevent a provider from refusing
 1066  to continue to provide care to an enrollee who is abusive,
 1067  noncompliant, or in arrears in payments for services provided.
 1068  For care continued under this subparagraph, the program and the
 1069  provider shall continue to be bound by the terms of the
 1070  terminated contract. Changes made within 30 days before
 1071  termination of a contract are effective only if agreed to by
 1072  both parties.
 1073         6.7. Any HMO participating in the state group insurance
 1074  program shall submit health care utilization and cost data to
 1075  the department, in such form and in such manner as the
 1076  department shall require, as a condition of participating in the
 1077  program. The department shall enter into negotiations with its
 1078  contracting HMOs to determine the nature and scope of the data
 1079  submission and the final requirements, format, penalties
 1080  associated with noncompliance, and timetables for submission.
 1081  These determinations shall be adopted by rule.
 1082         (i)8. The department may establish and direct, with respect
 1083  to collective bargaining issues, a comprehensive package of
 1084  insurance benefits that may include supplemental health and life
 1085  coverage, dental care, long-term care, vision care, and other
 1086  benefits it determines necessary to enable state employees to
 1087  select from among benefit options that best suit their
 1088  individual and family needs.
 1089         1.a. Based upon a desired benefit package, the department
 1090  shall issue a request for proposal or invitation to negotiate
 1091  for health insurance providers interested in participating in
 1092  the state group insurance program, and the department shall
 1093  issue a request for proposal or invitation to negotiate for
 1094  insurance providers interested in participating in the non
 1095  health-related components of the state group insurance program.
 1096  Upon receipt of all proposals, the department may enter into
 1097  contract negotiations with insurance providers submitting bids
 1098  or negotiate a specially designed benefit package. Insurance
 1099  providers offering or providing supplemental coverage as of May
 1100  30, 1991, which qualify for pretax benefit treatment pursuant to
 1101  s. 125 of the Internal Revenue Code of 1986, with 5,500 or more
 1102  state employees currently enrolled may be included by the
 1103  department in the supplemental insurance benefit plan
 1104  established by the department without participating in a request
 1105  for proposal, submitting bids, negotiating contracts, or
 1106  negotiating a specially designed benefit package. These
 1107  contracts must shall provide state employees with the most cost
 1108  effective and comprehensive coverage available; however, no
 1109  state or agency funds may not contribute shall be contributed
 1110  toward the cost of any part of the premium of such supplemental
 1111  benefit plans. With respect to dental coverage, the division
 1112  shall include in any solicitation or contract for any state
 1113  group dental program made after July 1, 2001, a comprehensive
 1114  indemnity dental plan option that which offers enrollees a
 1115  completely unrestricted choice of dentists. If a dental plan is
 1116  endorsed, or in some manner recognized as the preferred product,
 1117  such plan shall include a comprehensive indemnity dental plan
 1118  option that which provides enrollees with a completely
 1119  unrestricted choice of dentists.
 1120         2.b. Pursuant to the applicable provisions of s. 110.161,
 1121  and s. 125 of the Internal Revenue Code of 1986, the department
 1122  shall enroll in the pretax benefit program those state employees
 1123  who voluntarily elect coverage in any of the supplemental
 1124  insurance benefit plans as provided by sub-subparagraph a.
 1125         3.c.This paragraph does not Nothing herein contained shall
 1126  be construed to prohibit insurance providers from continuing to
 1127  provide or offer supplemental benefit coverage to state
 1128  employees as provided under existing agency plans.
 1129         (j)(i) The benefits of the insurance authorized by this
 1130  section are shall not be in lieu of any benefits payable under
 1131  chapter 440, the Workers’ Compensation Law. The insurance
 1132  authorized by this section may law shall not be deemed to
 1133  constitute insurance to secure workers’ compensation benefits as
 1134  required by chapter 440.
 1135         Section 25. Section 110.12312, Florida Statutes, is amended
 1136  to read:
 1137         110.12312 Open enrollment period for retirees.—On or after
 1138  July 1, 1997, the department of Management Services shall
 1139  provide for an open enrollment period for retired state
 1140  employees who want to obtain health insurance coverage under ss.
 1141  110.123 and 110.12315. The options offered during the open
 1142  enrollment period must provide the same health insurance
 1143  coverage as the coverage provided to active employees under the
 1144  same premium payment conditions in effect for covered retirees,
 1145  including eligibility for health insurance subsidy payments
 1146  under s. 112.363. A person who separates from employment after
 1147  subsequent to May 1, 1988, but whose date of retirement occurs
 1148  on or after August 1, 1995, is eligible as of the first open
 1149  enrollment period occurring after July 1, 1997, with an
 1150  effective date of January 1, 1998, as long as the retiree’s
 1151  enrollment remains in effect.
 1152         Section 26. Section 110.12315, Florida Statutes, is amended
 1153  to read:
 1154         110.12315 Prescription drug program.—The state employees’
 1155  prescription drug program is established. This program shall be
 1156  administered by the department of Management Services, according
 1157  to the terms and conditions of the plan as established by the
 1158  relevant provisions of the annual General Appropriations Act and
 1159  implementing legislation, subject to the following conditions:
 1160         (1) The department of Management Services shall allow
 1161  prescriptions written by health care providers under the plan to
 1162  be filled by any licensed pharmacy pursuant to contractual
 1163  claims-processing provisions. Nothing in This section does not
 1164  prohibit may be construed as prohibiting a mail order
 1165  prescription drug program that is distinct from the service
 1166  provided by retail pharmacies.
 1167         (2) In providing for reimbursement of pharmacies for
 1168  prescription medicines dispensed to members of the state group
 1169  health insurance plan and their dependents under the state
 1170  employees’ prescription drug program:
 1171         (a) Retail pharmacies participating in the program must be
 1172  reimbursed at a uniform rate and subject to uniform conditions,
 1173  according to the terms and conditions of the plan.
 1174         (b) There shall be a 30-day supply limit for prescription
 1175  card purchases and 90-day supply limit for mail order or mail
 1176  order prescription drug purchases.
 1177         (c) The current pharmacy dispensing fee remains in effect.
 1178         (3) The department of Management Services shall establish
 1179  the reimbursement schedule for prescription pharmaceuticals
 1180  dispensed under the program. Reimbursement rates for a
 1181  prescription pharmaceutical must be based on the cost of the
 1182  generic equivalent drug if a generic equivalent exists, unless
 1183  the physician prescribing the pharmaceutical clearly states on
 1184  the prescription that the brand name drug is medically necessary
 1185  or that the drug product is included on the formulary of drug
 1186  products that may not be interchanged as provided in chapter
 1187  465, in which case reimbursement must be based on the cost of
 1188  the brand name drug as specified in the reimbursement schedule
 1189  adopted by the department of Management Services.
 1190         (4) The department of Management Services shall conduct a
 1191  prescription utilization review program. In order to participate
 1192  in the state employees’ prescription drug program, retail
 1193  pharmacies dispensing prescription medicines to members of the
 1194  state group health insurance plan or their covered dependents,
 1195  or to subscribers or covered dependents of a health maintenance
 1196  organization plan under the state group insurance program, shall
 1197  make their records available for this review.
 1198         (5) The department of Management Services shall implement
 1199  such additional cost-saving measures and adjustments as may be
 1200  required to balance program funding within appropriations
 1201  provided, including a trial or starter dose program and
 1202  dispensing of long-term-maintenance medication in lieu of acute
 1203  therapy medication.
 1204         (6) Participating pharmacies must use a point-of-sale
 1205  device or an online computer system to verify a participant’s
 1206  eligibility for coverage. The state is not liable for
 1207  reimbursement of a participating pharmacy for dispensing
 1208  prescription drugs to any person whose current eligibility for
 1209  coverage has not been verified by the state’s contracted
 1210  administrator or by the department of Management Services.
 1211         (7) Under the state employees’ prescription drug program
 1212  copayments must be made as follows:
 1213         (a) Effective January 1, 2006, For the State Group Health
 1214  Insurance Standard Plan:
 1215         1. For generic drug with card........................$10.
 1216         2. For preferred brand name drug with card...........$25.
 1217         3. For nonpreferred brand name drug with card........$40.
 1218         4. For generic mail order drug.......................$20.
 1219         5. For preferred brand name mail order drug..........$50.
 1220         6. For nonpreferred brand name mail order drug.......$80.
 1221         (b) Effective January 1, 2006, For the State Group Health
 1222  Insurance High Deductible Plan:
 1223         1. Retail coinsurance for generic drug with card.....30%.
 1224         2. Retail coinsurance for preferred brand name drug with
 1225  card........................................................30%.
 1226         3. Retail coinsurance for nonpreferred brand name drug with
 1227  card........................................................50%.
 1228         4. Mail order coinsurance for generic drug...........30%.
 1229         5. Mail order coinsurance for preferred brand name drug30%.
 1230         6. Mail order coinsurance for nonpreferred brand name drug50%.
 1231         (c) The department of Management Services shall create a
 1232  preferred brand name drug list to be used in the administration
 1233  of the state employees’ prescription drug program.
 1234         Section 27. Section 110.1232, Florida Statutes, is amended
 1235  to read:
 1236         110.1232 Health insurance coverage for persons retired
 1237  under state-administered retirement systems before January 1,
 1238  1976, and for spouses.—Notwithstanding any other provision
 1239  provisions of law to the contrary, the department of Management
 1240  Services shall provide health insurance coverage under the state
 1241  group insurance program for persons who retired before January
 1242  1, 1976, under any of the state-administered retirement systems
 1243  and who are not covered by social security and for the spouses
 1244  and surviving spouses of such retirees who are also not covered
 1245  by social security. Such health insurance coverage must shall
 1246  provide the same benefits as provided to other retirees who are
 1247  entitled to participate under s. 110.123. The claims experience
 1248  of this group shall be commingled with the claims experience of
 1249  other members covered under s. 110.123.
 1250         Section 28. Section 110.1234, Florida Statutes, is amended
 1251  to read:
 1252         110.1234 Health insurance for retirees under the Florida
 1253  Retirement System; Medicare supplement and fully insured
 1254  coverage.—
 1255         (1) The department of Management Services shall solicit
 1256  competitive bids from state-licensed insurance companies to
 1257  provide and administer a fully insured Medicare supplement
 1258  policy for all eligible retirees of a state or local public
 1259  employer. Such Medicare supplement policy must shall meet the
 1260  provisions of ss. 627.671-627.675. For the purpose of this
 1261  subsection, “eligible retiree” means a any public employee who
 1262  retired from a state or local public employer who is covered by
 1263  Medicare, Parts A and B. The department shall authorize one
 1264  company to offer the Medicare supplement coverage to all
 1265  eligible retirees. All premiums shall be paid by the retiree.
 1266         (2) The department of Management Services shall solicit
 1267  competitive bids from state-licensed insurance companies to
 1268  provide and administer fully insured health insurance coverage
 1269  for all public employees who retired from a state or local
 1270  public employer who are not covered by Medicare, Parts A and B.
 1271  The department may authorize one company to offer such coverage
 1272  if the proposed benefits and premiums are reasonable. If such
 1273  coverage is authorized, all premiums shall be paid for by the
 1274  retiree.
 1275         Section 29. Paragraph (a) of subsection (1) of section
 1276  110.1245, Florida Statutes, is amended to read:
 1277         110.1245 Savings sharing program; bonus payments; other
 1278  awards.—
 1279         (1)(a) The department of Management Services shall adopt
 1280  rules that prescribe procedures and promote a savings sharing
 1281  program for an individual or group of employees who propose
 1282  procedures or ideas that are adopted and that result in
 1283  eliminating or reducing state expenditures, if such proposals
 1284  are placed in effect and may be implemented under current
 1285  statutory authority.
 1286         Section 30. Section 110.125, Florida Statutes, is amended
 1287  to read:
 1288         110.125 Administrative costs.—The administrative expenses
 1289  and costs of operating the personnel program established by this
 1290  chapter shall be paid by the various state agencies of the state
 1291  government, and each such agency shall include in its budget
 1292  estimates its pro rata share of such cost as determined by the
 1293  department of Management Services. To establish an equitable
 1294  division of the costs, the amount to be paid by each agency
 1295  shall be determined in such proportion as the service rendered
 1296  to each agency bears to the total service rendered under the
 1297  provisions of this chapter. The amounts paid to the department
 1298  of Management Services which are attributable to positions
 1299  within the Senior Management Service and the Selected Exempt
 1300  Professional Service shall be used for the administration of
 1301  such services, training activities for positions within those
 1302  services, and the development and implementation of a database
 1303  of pertinent historical information on exempt positions. If
 1304  Should any state agency is become more than 90 days delinquent
 1305  in paying payment of this obligation, the department shall
 1306  certify to the Chief Financial Officer the amount due and the
 1307  Chief Financial Officer shall transfer that the amount due to
 1308  the department from any available debtor agency funds available.
 1309         Section 31. Subsection (7) of section 110.131, Florida
 1310  Statutes, is amended to read:
 1311         110.131 Other-personal-services temporary employment.—
 1312         (7) The department of Management Services shall annually
 1313  assess agencies for the regulation of other personal services on
 1314  a pro rata share basis not to exceed the an amount as provided
 1315  in the General Appropriations Act.
 1316         Section 32. Section 110.151, Florida Statutes, is amended
 1317  to read:
 1318         110.151 State officers’ and employees’ child care
 1319  services.—
 1320         (1) The department of Management Services shall approve,
 1321  administer, and coordinate child care services for state
 1322  officers’ and employees’ children or dependents. Duties shall
 1323  include, but are not be limited to, reviewing and approving
 1324  requests from state agencies for child care services; providing
 1325  technical assistance on child care program startup and
 1326  operation; and assisting other agencies in conducting needs
 1327  assessments, designing centers, and selecting service providers.
 1328  Primary emphasis for child care services shall be given to
 1329  children who are not subject to compulsory school attendance
 1330  pursuant to part II of chapter 1003, and, to the extent
 1331  possible, emphasis shall be placed on child care for children
 1332  aged 2 and under.
 1333         (2) Child care programs may be located in state-owned
 1334  office buildings, educational facilities and institutions,
 1335  custodial facilities and institutions, and, with the consent of
 1336  the President of the Senate and the Speaker of the House of
 1337  Representatives, in buildings or spaces used for legislative
 1338  activities. In addition, centers may be located in privately
 1339  owned buildings conveniently located to the place of employment
 1340  of those officers and employees to be served by the centers. If
 1341  a child care program is located in a state-owned office
 1342  building, educational facility or institution, or custodial
 1343  facility or institution, or in a privately owned building leased
 1344  by the state, a portion of the service provider’s rental fees
 1345  for child care space may be waived by the sponsoring agency in
 1346  accordance with the department rules of the Department of
 1347  Management Services. Additionally, the sponsoring state agency
 1348  may be responsible for the maintenance, utilities, and other
 1349  operating costs associated with the child care center.
 1350         (3) Except as otherwise provided in this section, the cost
 1351  of child care services shall be offset by fees charged to
 1352  employees who use the child care services. Requests for
 1353  proposals may provide for a sliding fee schedule based on, with
 1354  fees charged on the basis of the employee’s household income.
 1355         (4) The provider of proposed child care services shall be
 1356  selected by competitive contract. Requests for proposals shall
 1357  be developed with the assistance of, and subject to the approval
 1358  of, the department of Management Services. Management of the
 1359  contract with the service provider is shall be the
 1360  responsibility of the sponsoring state agency.
 1361         (5) An operator selected to provide services must comply
 1362  with all state and local standards for the licensure and
 1363  operation of child care facilities, maintain adequate liability
 1364  insurance coverage, and assume financial and legal
 1365  responsibility for the operation of the program. Neither The
 1366  operator of and nor any personnel employed by or at a child care
 1367  facility may not shall be deemed to be employees of the state.
 1368  However, the sponsoring state agency may be responsible for the
 1369  operation of the child care center if when:
 1370         (a) A second request for proposals fails to procure a
 1371  qualified service provider; or
 1372         (b) The service provider’s contract is canceled and
 1373  attempts to procure another qualified service provider are
 1374  unsuccessful;
 1375  
 1376  and plans for direct operation are approved by the department of
 1377  Management Services.
 1378         (6) In the areas where the state has an insufficient number
 1379  of employees to justify a worksite center, a state agency may
 1380  join in a consortium arrangement using utilizing available state
 1381  facilities with not-for-profit corporations or other public
 1382  employers to provide child care services to both public
 1383  employees and employees of private sector employers. The
 1384  consortium agreement must first address the unmet child care
 1385  needs of the children of the public employees whose employers
 1386  are members of the consortium, and then address the child care
 1387  needs of private sector employees.
 1388         (7) The department of Management Services may adopt any
 1389  rules necessary to administer achieve the purposes of this
 1390  section.
 1391         Section 33. Section 110.1522, Florida Statutes, is amended
 1392  to read:
 1393         110.1522 Model rule establishing family support personnel
 1394  policies.—The department of Management Services shall develop a
 1395  model rule establishing family support personnel policies for
 1396  all executive branch agencies, excluding the State University
 1397  System. The term “family support personnel policies,” for
 1398  purposes of ss. 110.1521-110.1523, means personnel policies
 1399  affecting employees’ ability to both work and devote care and
 1400  attention to their families and includes policies on flexible
 1401  hour work schedules, compressed time, job sharing, part-time
 1402  employment, maternity or paternity leave for employees with a
 1403  newborn or newly adopted child, and paid and unpaid family or
 1404  administrative leave for family responsibilities.
 1405         Section 34. Subsections (5), (6), and (7) of section
 1406  110.161, Florida Statutes, are amended to read:
 1407         110.161 State employees; pretax benefits program.—
 1408         (5) The department of Management Services shall develop
 1409  rules for the pretax benefits program, which shall specify the
 1410  benefits to be offered under the program, the continuing tax
 1411  exempt status of the program, and any other matters deemed
 1412  necessary by the department to implement this section. The rules
 1413  must be approved by a majority vote of the Administration
 1414  Commission.
 1415         (6) The department shall of Management Services is
 1416  authorized to administer the pretax benefits program established
 1417  for all employees so that employees may receive benefits that
 1418  are not includable in gross income under the Internal Revenue
 1419  Code of 1986. The pretax benefits program:
 1420         (a) Must Shall allow employee contributions to premiums for
 1421  the state group insurance program administered under s. 110.123
 1422  to be paid on a pretax basis unless an employee elects not to
 1423  participate.
 1424         (b) Must Shall allow employees to voluntarily establish
 1425  expense reimbursement plans from their salaries on a pretax
 1426  basis to pay for qualified medical and dependent care expenses,
 1427  including premiums paid by employees for qualified supplemental
 1428  insurance.
 1429         (c) May provide for the payment of such premiums through a
 1430  pretax payroll procedure. The Administration Commission and the
 1431  department of Management Services are directed to take all
 1432  actions necessary to preserve the tax-exempt status of the
 1433  program.
 1434         (7) The Legislature recognizes that a substantial amount of
 1435  the employer savings realized by the implementation of a pretax
 1436  benefits program is will be the result of diminutions in the
 1437  state’s employer contribution to the Federal Insurance
 1438  Contributions Act tax. There is hereby created The Pretax
 1439  Benefits Trust Fund is created in the department of Management
 1440  Services. Each agency in the executive, legislative, or judicial
 1441  branch of the state, including the State Board of
 1442  Administration, state universities, and other entities of state
 1443  government whose employees hold salaried positions and are paid
 1444  by state warrant or from agency funds, shall transfer to the
 1445  Pretax Benefits Trust Fund the full and complete employer FICA
 1446  contributions saved in connection with each weekly, biweekly,
 1447  semimonthly, or monthly payroll as a result of the
 1448  implementation of the pretax benefits program authorized
 1449  pursuant to this section. Such savings shall be transferred to
 1450  the Pretax Benefits Trust Fund upon transacting each payroll,
 1451  but not later than a subsequent payroll. Any moneys forfeited
 1452  pursuant to employees’ salary reduction agreements to
 1453  participate in the program must also be deposited in the Pretax
 1454  Benefits Trust Fund. Moneys in the Pretax Benefits Trust Fund
 1455  shall be used for the pretax benefits program, including its
 1456  administration by the department of Management Services or a
 1457  third-party administrator.
 1458         Section 35. Subsection (1) of section 110.171, Florida
 1459  Statutes, is amended to read:
 1460         110.171 State employee telecommuting program.—
 1461         (1) As used in this section, the term:
 1462         (a) “Agency” means any official, officer, commission,
 1463  board, authority, council, committee, or department of state
 1464  government.
 1465         (b)“Department” means the Department of Management
 1466  Services.
 1467         (b)(c) “Telecommuting” means a work arrangement whereby
 1468  selected state employees are allowed to perform the normal
 1469  duties and responsibilities of their positions, through the use
 1470  of computers or telecommunications, at home or another place
 1471  apart from the employees’ usual place of work.
 1472         Section 36. Paragraph (a) of subsection (1), paragraph (a)
 1473  of subsection (2), and subsection (4) of section 110.181,
 1474  Florida Statutes, are amended to read:
 1475         110.181 Florida State Employees’ Charitable Campaign.—
 1476         (1) CREATION AND ORGANIZATION OF CAMPAIGN.—
 1477         (a) The department of Management Services shall establish
 1478  and maintain, in coordination with the payroll system of the
 1479  Department of Financial Services, an annual Florida State
 1480  Employees’ Charitable Campaign. Except as provided in subsection
 1481  (5), this annual fundraising drive is the only authorized
 1482  charitable fundraising drive directed toward state employees
 1483  within work areas during work hours, and for which the state
 1484  provides will provide payroll deduction.
 1485         (2) SELECTION OF FISCAL AGENTS; COST.—
 1486         (a) The department of Management Services shall select
 1487  through the competitive procurement process a fiscal agent or
 1488  agents to receive, account for, and distribute charitable
 1489  contributions among participating charitable organizations.
 1490         (4) FLORIDA STATE EMPLOYEES’ CHARITABLE CAMPAIGN STEERING
 1491  COMMITTEE.—A Florida State Employees’ Charitable Campaign
 1492  steering committee shall be established with seven members
 1493  appointed by members of the administration commission, and two
 1494  members appointed by the executive director secretary of the
 1495  department from among applications submitted from other agencies
 1496  or departments. The committee, whose members shall serve
 1497  staggered terms, shall meet at the call of the executive
 1498  director secretary. Members shall serve without compensation,
 1499  but shall be entitled to receive reimbursement for travel and
 1500  per diem expenses as provided in s. 112.061.
 1501         Section 37. Subsection (1) of section 110.2035, Florida
 1502  Statutes, is amended to read:
 1503         110.2035 Classification and compensation program.—
 1504         (1) The department of Management Services shall establish
 1505  and maintain a classification and compensation program
 1506  addressing career service, selected exempt service, and senior
 1507  management service positions. Actions No action may not be taken
 1508  to fill any position until it has been classified in accordance
 1509  with the classification plan.
 1510         (a) The department shall develop occupation profiles
 1511  necessary for the establishment of new occupations or for the
 1512  revision of existing occupations and shall adopt the appropriate
 1513  occupation title and broadband level code for each occupation.
 1514  Such occupation profiles, titles, and codes are shall not
 1515  constitute rules within the meaning of s. 120.52.
 1516         (b) The department shall be responsible for conducting
 1517  periodic studies and surveys to ensure that the classification
 1518  plan is maintained on a current basis.
 1519         (c) The department may review in a postaudit capacity the
 1520  action taken by an employing agency in classifying or
 1521  reclassifying a position.
 1522         (d) The department shall effect a classification change on
 1523  any classification or reclassification action taken by an
 1524  employing agency if the action taken by the agency was not based
 1525  on the duties and responsibilities officially assigned the
 1526  position as they relate to the concepts and description
 1527  contained in the official occupation profile and the level
 1528  definition defined in the occupational group characteristics
 1529  adopted by the department.
 1530         (e) In cooperation and consultation with the employing
 1531  agencies, the department shall adopt rules necessary to
 1532  administer govern the administration of the classification plan.
 1533  Such rules shall be approved by the Administration Commission
 1534  before prior to their adoption by the department.
 1535         Section 38. Subsection (1) of section 110.2037, Florida
 1536  Statutes, is amended to read:
 1537         110.2037 Alternative benefits; tax-sheltered annual leave
 1538  and sick leave payments and special compensation payments.—
 1539         (1) The department may of Management Services has authority
 1540  to adopt tax-sheltered plans under s. 401(a) of the Internal
 1541  Revenue Code for state employees who are eligible for payment
 1542  for accumulated leave. The department, Upon adoption of the
 1543  plans, the department shall contract for a private vendor or
 1544  vendors to administer the plans. These plans are shall be
 1545  limited to state employees who are over age 55 and who are:
 1546  eligible for accumulated leave and special compensation payments
 1547  and separating from employment with 10 years of service in
 1548  accordance with the Internal Revenue Code, or who are
 1549  participating in the Deferred Retirement Option Program on or
 1550  after July 1, 2001. The plans must provide benefits in a manner
 1551  that minimizes the tax liability of the state and participants.
 1552  The plans must be funded by employer contributions of payments
 1553  for accumulated leave or special compensation payments, or both,
 1554  as specified by the department. The plans must have received all
 1555  necessary federal and state approval as required by law, must
 1556  not adversely impact the qualified status of the Florida
 1557  Retirement System defined benefit or defined contribution plans
 1558  or the pretax benefits program, and must comply with the
 1559  provisions of s. 112.65. Adoption of any plan is contingent on:
 1560  the department receiving appropriate favorable rulings from the
 1561  Internal Revenue Service; the department negotiating under the
 1562  provisions of chapter 447, where applicable; and the Chief
 1563  Financial Officer making appropriate changes to the state
 1564  payroll system. The department’s request for proposals by
 1565  vendors for such plans may require that the vendors provide
 1566  market-risk or volatility ratings from recognized rating
 1567  agencies for each of their investment products. The department
 1568  shall provide for a system of continuous quality assurance
 1569  oversight to ensure that the program objectives are achieved and
 1570  that the program is prudently managed.
 1571         Section 39. Subsections (4) and (6) of section 110.205,
 1572  Florida Statutes, as amended by chapter 2009-271, Laws of
 1573  Florida, are amended to read:
 1574         110.205 Career service; exemptions.—
 1575         (4) DEFINITION OF DEPARTMENT.—As When used in this section,
 1576  the term “department” shall mean all departments and commissions
 1577  of the executive branch, whether created by the State
 1578  Constitution or chapter 20,; the office of the Governor,; and
 1579  the Public Service Commission; however, the term “department”
 1580  means shall mean the Department of Personnel Management Services
 1581  when used in the context of the authority to establish pay bands
 1582  and benefits.
 1583         (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
 1584  DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions
 1585  exempted from this part, there is hereby exempted from the
 1586  Career Service System The chief inspector of the boiler
 1587  inspection program of the Department of Financial Services is
 1588  exempted from Career Service. The pay band of this position
 1589  shall be established by the Department of Personnel Management
 1590  Services in accordance with the classification and pay plan
 1591  established for the Selected Exempt Service.
 1592         Section 40. Subsection (2) of section 110.2135, Florida
 1593  Statutes, is amended to read:
 1594         110.2135 Preference in employment, reemployment, promotion,
 1595  and retention.—
 1596         (2) A disabled veteran employed as the result of being
 1597  placed at the top of the appropriate employment list under the
 1598  provisions of s. 295.08 or s. 295.085 shall be appointed for a
 1599  probationary period of 1 year. At the end of such period, if the
 1600  work of the veteran has been satisfactorily performed, the
 1601  veteran will acquire permanent employment status and will be
 1602  subject to the employment rules of the department of Management
 1603  Services and the veteran’s employing agency.
 1604         Section 41. Paragraph (a) of subsection (3) of section
 1605  110.227, Florida Statutes, is amended to read:
 1606         110.227 Suspensions, dismissals, reductions in pay,
 1607  demotions, layoffs, transfers, and grievances.—
 1608         (3)(a) For With regard to law enforcement or correctional
 1609  officers, firefighters, or professional health care providers,
 1610  if when a layoff becomes necessary, the such layoff shall be
 1611  conducted within the competitive area identified by the agency
 1612  head and approved by the department of Management Services. Such
 1613  competitive area shall be established taking into consideration
 1614  the similarity of work; the organizational unit, which may be by
 1615  agency, department, division, bureau, or other organizational
 1616  unit; and the commuting area for the work affected.
 1617         Section 42. Subsections (1) and (2) of section 110.403,
 1618  Florida Statutes, are amended to read:
 1619         110.403 Powers and duties of the department.—
 1620         (1) In order to implement the purposes of this part, the
 1621  department of Management Services, after approval by the
 1622  Administration Commission, shall adopt and amend rules that
 1623  provide providing for:
 1624         (a) A system for employing, promoting, or reassigning
 1625  managers that is responsive to organizational or program needs.
 1626  In no event shall The number of positions included in the Senior
 1627  Management Service may not exceed 1.0 percent of the total full
 1628  time equivalent positions in the Career Service. The department
 1629  may not approve the establishment of shall deny approval to
 1630  establish any position within the Senior Management Service
 1631  which exceeds would exceed the limitation established in this
 1632  paragraph. The department shall report that the limitation has
 1633  been reached to the Governor, the President of the Senate, and
 1634  the Speaker of the House of Representatives, as soon as
 1635  practicable after it such event occurs. Employees in the Senior
 1636  Management Service shall serve at the pleasure of the agency
 1637  head and are shall be subject to suspension, dismissal,
 1638  reduction in pay, demotion, transfer, or other personnel action
 1639  at the discretion of the agency head. Such personnel actions are
 1640  exempt from the provisions of chapter 120.
 1641         (b) A performance appraisal system that takes which shall
 1642  take into consideration individual and organizational
 1643  efficiency, productivity, and effectiveness.
 1644         (c) A classification plan and a salary and benefit plan
 1645  that provides appropriate incentives for the recruitment and
 1646  retention of outstanding management personnel and provides for
 1647  salary increases based on performance.
 1648         (d) A system of rating duties and responsibilities for
 1649  positions within the Senior Management Service and the
 1650  qualifications of candidates for those positions.
 1651         (e) A system for documenting actions taken on agency
 1652  requests for approval of position exemptions and special pay
 1653  increases.
 1654         (f) Requirements for regarding recordkeeping by agencies
 1655  with respect to senior management service positions. Such
 1656  records shall be audited periodically by the department of
 1657  Management Services to determine agency compliance with the
 1658  provisions of this part and department the rules of the
 1659  Department of Management Services.
 1660         (g) Other procedures relating to personnel administration
 1661  to carry out the purposes of this part.
 1662         (h) A program of affirmative and positive action that will
 1663  ensure full utilization of women and minorities in senior
 1664  management service positions.
 1665         (2) The powers, duties, and functions of the department
 1666  includes of Management Services shall include responsibility for
 1667  the policy administration of the Senior Management Service.
 1668         Section 43. Section 110.405, Florida Statutes, is amended
 1669  to read:
 1670         110.405 Advisory committees.—The department’s executive
 1671  director Secretary of Management Services may at any time
 1672  appoint an ad hoc or continuing advisory committee consisting of
 1673  members of the Senior Management Service or other persons
 1674  knowledgeable in the field of personnel management. Any Such
 1675  committee may not have shall consist of not more than nine
 1676  members, who shall serve at the pleasure of and meet at the call
 1677  of the director secretary, to advise and consult with the
 1678  director secretary on such matters affecting the Senior
 1679  Management Service as the director secretary requests. Members
 1680  shall serve without compensation, but are shall be entitled to
 1681  receive reimbursement for travel expenses as provided in s.
 1682  112.061. The executive director secretary may periodically hire
 1683  a consultant who has with expertise in personnel management to
 1684  advise him or her with respect to the administration of the
 1685  Senior Management Service.
 1686         Section 44. Paragraph (b) of subsection (2) and subsection
 1687  (3) of section 110.406, Florida Statutes, are amended to read:
 1688         110.406 Senior Management Service; data collection.—
 1689         (2) The data required by this section shall include:
 1690         (b) Any recommendations and proposals for legislation which
 1691  the executive director secretary may have with respect to
 1692  improving the operation and administration of the Senior
 1693  Management Service.
 1694         (3) To assist in the preparation of the data required by
 1695  this section, the executive director secretary may hire a
 1696  consultant with expertise in the field of personnel management
 1697  and may use the services of the advisory committee authorized in
 1698  s. 110.405.
 1699         Section 45. Section 110.503, Florida Statutes, is amended
 1700  to read:
 1701         110.503 Responsibilities of state departments and
 1702  agencies.—Each state department or agency using utilizing the
 1703  services of volunteers shall:
 1704         (1) Take such actions as are necessary and appropriate to
 1705  develop meaningful opportunities for volunteers involved in
 1706  state-administered programs.
 1707         (2) Comply with the uniform rules adopted by the department
 1708  of Management Services governing the recruitment, screening,
 1709  training, responsibility, use, and supervision of volunteers.
 1710         (3) Take such actions as are necessary to ensure that
 1711  volunteers understand their duties and responsibilities.
 1712         (4) Take such actions as are necessary and appropriate to
 1713  ensure a receptive climate for citizen volunteers.
 1714         (5) Provide for the recognition of volunteers who have
 1715  offered continuous and outstanding service to state-administered
 1716  programs. Each state department or agency using the services of
 1717  volunteers may is authorized to incur expenditures not to exceed
 1718  $100 each plus applicable taxes for suitable framed
 1719  certificates, plaques, or other tokens of recognition to honor,
 1720  reward, or encourage volunteers for their service.
 1721         (6) Recognize prior volunteer service as partial
 1722  fulfillment of state employment requirements for training and
 1723  experience pursuant to department rules adopted by the
 1724  Department of Management Services.
 1725         Section 46. Subsection (5) of section 110.605, Florida
 1726  Statutes, is amended to read:
 1727         110.605 Powers and duties; personnel rules, records,
 1728  reports, and performance appraisal.—
 1729         (5) The executive director secretary may periodically hire
 1730  a consultant with expertise in personnel management to advise
 1731  him or her with respect to the administration of the Selected
 1732  Exempt Service.
 1733         Section 47. Paragraph (b) of subsection (2) and subsection
 1734  (3) of section 110.606, Florida Statutes, are amended to read:
 1735         110.606 Selected Exempt Service; data collection.—
 1736         (2) The data required by this section shall include:
 1737         (b) Any recommendations and proposals for legislation which
 1738  the executive director secretary may have with respect to
 1739  improving the operation and administration of the Selected
 1740  Exempt Service.
 1741         (3) To assist in the preparation of the data required by
 1742  this section, the executive director secretary may hire a
 1743  consultant with expertise in the field of personnel management.
 1744         Section 48. Paragraph (c) of subsection (13) of section
 1745  112.0455, Florida Statutes, is amended to read:
 1746         112.0455 Drug-Free Workplace Act.—
 1747         (13) RULES.—
 1748         (c) The Department of Personnel Management Services may
 1749  adopt rules for all executive branch agencies implementing this
 1750  section.
 1751  
 1752  This section shall not be construed to eliminate the bargainable
 1753  rights as provided in the collective bargaining process where
 1754  applicable.
 1755         Section 49. Paragraph (b) of subsection (4) of section
 1756  112.05, Florida Statutes, is amended to read:
 1757         112.05 Retirement; cost-of-living adjustment; employment
 1758  after retirement.—
 1759         (4)
 1760         (b) Any person to whom the limitation in paragraph (a)
 1761  applies who violates such reemployment limitation and is
 1762  reemployed with any agency participating in the Florida
 1763  Retirement System before completing prior to completion of the
 1764  12-month limitation period must shall give timely notice of this
 1765  fact in writing to the employer and to the Division of
 1766  Retirement; and the person’s retirement benefits shall be
 1767  suspended for the balance of the 12-month limitation period. Any
 1768  person employed in violation of this subsection and any
 1769  employing agency that which knowingly employs or appoints such
 1770  person without notifying the Department of Personnel Management
 1771  Services to suspend retirement benefits is shall be jointly and
 1772  severally liable for reimbursement to the retirement trust fund
 1773  of any benefits paid during the reemployment limitation period.
 1774  To avoid liability, the such employing agency must shall have a
 1775  written statement from the retiree that he or she is not retired
 1776  from a state-administered retirement system. Any retirement
 1777  benefits received by such person while reemployed during this
 1778  limitation period must shall be repaid to the retirement trust
 1779  fund, and the retirement benefits shall remain suspended until
 1780  such repayment has been made. Any benefits suspended beyond the
 1781  reemployment limitation period shall apply toward the repayment
 1782  of benefits received in violation of the reemployment
 1783  limitation.
 1784         Section 50. Subsection (5) of section 112.08, Florida
 1785  Statutes, is amended to read:
 1786         112.08 Group insurance for public officers, employees, and
 1787  certain volunteers; physical examinations.—
 1788         (5) The Department of Personnel Management Services shall
 1789  initiate and supervise a group insurance program providing death
 1790  and disability benefits for active members of the Florida
 1791  Highway Patrol Auxiliary, with coverage beginning July 1, 1978,
 1792  and purchased from state funds appropriated for that purpose.
 1793  The department of Management Services, in cooperation with the
 1794  Office of Insurance Regulation, shall prepare specifications
 1795  necessary to implement the program, and the Department of
 1796  Management Services shall receive bids and award the contract in
 1797  accordance with general law.
 1798         Section 51. Section 112.0804, Florida Statutes, is amended
 1799  to read:
 1800         112.0804 Medicare supplement and health insurance for
 1801  retirees under the Florida Retirement System; Medicare
 1802  supplement and fully insured coverage.—
 1803         (1) The Department of Personnel Management Services shall
 1804  solicit competitive bids from state-licensed insurance companies
 1805  to provide and administer a fully insured Medicare supplement
 1806  policy for all eligible retirees of a state or local public
 1807  employer. Such Medicare supplement policy must shall meet the
 1808  provisions of ss. 627.671-627.675. For the purpose of this
 1809  subsection, the term “eligible retiree” means any public
 1810  employee who retired from a state or local public employer who
 1811  is covered by Medicare, Parts A and B. The department of
 1812  Management Services shall authorize one company to offer the
 1813  Medicare supplement coverage to all eligible retirees. All
 1814  premiums shall be paid by the retiree.
 1815         (2) The Department of Management Services shall solicit
 1816  competitive bids from state-licensed insurance companies to
 1817  provide and administer fully insured health insurance coverage
 1818  for all public employees who retired from a state or local
 1819  public employer and who are not covered by Medicare, Parts A and
 1820  B. The department of Management Services may authorize one
 1821  company to offer such coverage if the proposed benefits and
 1822  premiums are reasonable. If such coverage is authorized, all
 1823  premiums shall be paid for by the retiree.
 1824         Section 52. Subsections (1) and (2) of section 112.24,
 1825  Florida Statutes, are amended to read:
 1826         112.24 Intergovernmental interchange of public employees.
 1827  To encourage economical and effective utilization of public
 1828  employees in this state, the temporary assignment of employees
 1829  among agencies of government, both state and local, and
 1830  including school districts and public institutions of higher
 1831  education is authorized under terms and conditions set forth in
 1832  this section. State agencies, municipalities, and political
 1833  subdivisions are authorized to enter into employee interchange
 1834  agreements with other state agencies, the Federal Government,
 1835  another state, a municipality, or a political subdivision
 1836  including a school district, or with a public institution of
 1837  higher education. State agencies are also authorized to enter
 1838  into employee interchange agreements with private institutions
 1839  of higher education and other nonprofit organizations under the
 1840  terms and conditions provided in this section. In addition, the
 1841  Governor or the Governor and Cabinet may enter into employee
 1842  interchange agreements with a state agency, the Federal
 1843  Government, another state, a municipality, or a political
 1844  subdivision including a school district, or with a public
 1845  institution of higher learning to fill, subject to the
 1846  requirements of chapter 20, appointive offices which are within
 1847  the executive branch of government and which are filled by
 1848  appointment by the Governor or the Governor and Cabinet. Under
 1849  no circumstances shall employee interchange agreements be
 1850  utilized for the purpose of assigning individuals to participate
 1851  in political campaigns. Duties and responsibilities of
 1852  interchange employees shall be limited to the mission and goals
 1853  of the agencies of government.
 1854         (1) Details of an employee interchange program must shall
 1855  be the subject of an agreement, which may be extended or
 1856  modified, between a sending party and a receiving party. State
 1857  agencies shall report such agreements and any extensions or
 1858  modifications thereto to the Department of Personnel Management
 1859  Services.
 1860         (2) The period of an individual’s assignment or detail
 1861  under an employee interchange program may shall not exceed 2
 1862  years. Upon agreement of the sending party and the receiving
 1863  party and under the same or modified terms, an assignment or
 1864  detail of 2 years may be extended by 3 months. However,
 1865  agreements relating to faculty members of the State University
 1866  System may be extended biennially upon approval by the
 1867  Department of Personnel Management Services. If the appointing
 1868  agency is the Governor or the Governor and Cabinet, the period
 1869  of an individual’s assignment or detail under an employee
 1870  interchange program may shall not exceed 2 years plus an
 1871  extension of 3 months or the number of years left in the term of
 1872  office of the Governor, whichever is less.
 1873         Section 53. Paragraph (d) of subsection (4) of section
 1874  112.3173, Florida Statutes, is amended to read:
 1875         112.3173 Felonies involving breach of public trust and
 1876  other specified offenses by public officers and employees;
 1877  forfeiture of retirement benefits.—
 1878         (4) NOTICE.—
 1879         (d) The Commission on Ethics shall forward any notice and
 1880  any other document received by it pursuant to this subsection to
 1881  the governing body of the public retirement system of which the
 1882  public officer or employee is a member or from which the public
 1883  officer or employee may be entitled to receive a benefit. If
 1884  When called on by the Commission on Ethics, the Department of
 1885  Personnel Management Services shall assist the commission in
 1886  identifying the appropriate public retirement system.
 1887         Section 54. Paragraph (a) of subsection (3) of section
 1888  112.31895, Florida Statutes, is amended to read:
 1889         112.31895 Investigative procedures in response to
 1890  prohibited personnel actions.—
 1891         (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
 1892         (a) The Florida Commission on Human Relations, in
 1893  accordance with the Whistle-blower’s this Act and for the sole
 1894  purpose of the this act, is empowered to:
 1895         1. Receive and investigate complaints from employees
 1896  alleging retaliation by state agencies, as the term “state
 1897  agency” is defined in s. 216.011.
 1898         2. Protect employees and applicants for employment with
 1899  such agencies from prohibited personnel practices under s.
 1900  112.3187.
 1901         3. Petition for stays and petition for corrective actions,
 1902  including, but not limited to, temporary reinstatement.
 1903         4. Recommend disciplinary proceedings pursuant to
 1904  investigation and appropriate agency rules and procedures.
 1905         5. Coordinate with the Chief Inspector General in the
 1906  Executive Office of the Governor and the Florida Commission on
 1907  Human Relations to receive, review, and forward to appropriate
 1908  agencies, legislative entities, or the Department of Law
 1909  Enforcement disclosures of a violation of any law, rule, or
 1910  regulation, or disclosures of gross mismanagement, malfeasance,
 1911  misfeasance, nonfeasance, neglect of duty, or gross waste of
 1912  public funds.
 1913         6. Review rules pertaining to personnel matters issued or
 1914  proposed by the Department of Personnel Management Services, the
 1915  Public Employees Relations Commission, and other agencies, and,
 1916  if the Florida Commission on Human Relations finds that any rule
 1917  or proposed rule, on its face or as implemented, requires the
 1918  commission of a prohibited personnel practice, provide a written
 1919  comment to the appropriate agency.
 1920         7. Investigate, request assistance from other governmental
 1921  entities, and, if appropriate, bring actions concerning,
 1922  allegations of retaliation by state agencies under subparagraph
 1923  1.
 1924         8. Administer oaths, examine witnesses, take statements,
 1925  issue subpoenas, order the taking of depositions, order
 1926  responses to written interrogatories, and make appropriate
 1927  motions to limit discovery, pursuant to investigations under
 1928  subparagraph 1.
 1929         9. Intervene or otherwise participate, as a matter of
 1930  right, in any appeal or other proceeding arising under this
 1931  section before the Public Employees Relations Commission or any
 1932  other appropriate agency, except that the Florida Commission on
 1933  Human Relations must comply with the rules of the commission or
 1934  other agency and may not seek corrective action or intervene in
 1935  an appeal or other proceeding without the consent of the person
 1936  protected under ss. 112.3187-112.31895.
 1937         10. Conduct an investigation, in the absence of an
 1938  allegation, to determine whether reasonable grounds exist to
 1939  believe that a prohibited action or a pattern of prohibited
 1940  action has occurred, is occurring, or is to be taken.
 1941         Section 55. Subsection (7) of section 112.352, Florida
 1942  Statutes, is amended to read:
 1943         112.352 Definitions.—The following words and phrases as
 1944  used in this act shall have the following meaning unless a
 1945  different meaning is required by the context:
 1946         (7) “Department” means the Department of Personnel
 1947  Management Services.
 1948         Section 56. Section 112.354, Florida Statutes, is amended
 1949  to read:
 1950         112.354 Eligibility for supplement.—Each retired member or,
 1951  if applicable, a joint annuitant, except any person receiving
 1952  survivor benefits under the teachers’ retirement system of the
 1953  state in accordance with s. 238.07(18), is shall be entitled to
 1954  receive a supplement computed in accordance with s. 112.355
 1955  upon:
 1956         (1) Furnishing to the department of Management Services
 1957  evidence from the Social Security Administration of setting
 1958  forth the retired member’s social security benefit or certifying
 1959  the noninsured status of the retired member under the Social
 1960  Security Act, and
 1961         (2) Filing written application with the Department of
 1962  Management Services for such supplement with the department.
 1963         Section 57. Section 112.358, Florida Statutes, is amended
 1964  to read:
 1965         112.358 Administration of system.—The department of
 1966  Management Services shall adopt make such rules and regulations
 1967  as are necessary for the effective and efficient administration
 1968  of this part act and the cost to pay the expenses of such
 1969  administration is hereby appropriated out of the appropriate
 1970  retirement fund.
 1971         Section 58. Paragraph (g) of subsection (2) of section
 1972  112.361, Florida Statutes, is amended to read:
 1973         112.361 Additional and updated supplemental retirement
 1974  benefits.—
 1975         (2) DEFINITIONS.—As used in this section, unless a
 1976  different meaning is required by the context:
 1977         (g)“Department” means the Department of Management
 1978  Services.
 1979         Section 59. Paragraphs (a) and (b) of subsection (4) of
 1980  section 112.362, Florida Statutes, are amended to read:
 1981         112.362 Recomputation of retirement benefits.—
 1982         (4)(a) Effective July 1, 1980, any person who retired
 1983  before prior to July 1, 1987, under a state-supported retirement
 1984  system with at least not less than 10 years of creditable
 1985  service and who is not receiving or entitled to receive federal
 1986  social security benefits shall, upon reaching 65 years of age
 1987  and upon application to the department of Management Services,
 1988  be entitled to receive a minimum monthly benefit equal to $16.50
 1989  multiplied by the member’s total number of years of creditable
 1990  service and adjusted by the actuarial factor applied to the
 1991  original benefit for optional forms of retirement. Thereafter,
 1992  the minimum monthly benefit shall be recomputed as provided in
 1993  paragraph (5)(a). Application for this minimum monthly benefit
 1994  must shall include certification by the retired member that he
 1995  or she is not receiving and is not entitled to receive social
 1996  security benefits and shall include written authorization giving
 1997  for the department of Management Services to have access to
 1998  information from the Federal Social Security Administration
 1999  concerning the member’s entitlement to or eligibility for social
 2000  security benefits. The minimum benefit may provided by this
 2001  paragraph shall not be paid unless and until the application
 2002  requirements of this paragraph are satisfied.
 2003         (b) Effective July 1, 1978, the surviving spouse or
 2004  beneficiary who is receiving or entitled to receive a monthly
 2005  benefit commencing before prior to July 1, 1987, from the
 2006  account of a any deceased retired member who had completed at
 2007  least 10 years of creditable service shall, at the time the such
 2008  deceased retiree would have reached age 65, if living, and, upon
 2009  application to the department of Management Services, be
 2010  entitled to receive the minimum monthly benefit described in
 2011  paragraph (a), adjusted by the actuarial factor applied to the
 2012  optional form of benefit payable to the said surviving spouse or
 2013  beneficiary, if such provided said person is not receiving or
 2014  entitled to receive federal social security benefits.
 2015  Application for this minimum monthly benefit must shall include
 2016  certification by the surviving spouse or beneficiary that he or
 2017  she is not receiving and is not entitled to receive social
 2018  security benefits and shall include written authorization giving
 2019  for the department of Management Services to have access to
 2020  information from the Federal Social Security Administration
 2021  concerning such person’s entitlement to or eligibility for
 2022  social security benefits. The minimum benefit may provided by
 2023  this paragraph shall not be paid unless and until the
 2024  application requirements of this paragraph are satisfied.
 2025         Section 60. Paragraph (d) of subsection (2) and subsections
 2026  (4), (7), and (8) of section 112.363, Florida Statutes, are
 2027  amended to read:
 2028         112.363 Retiree health insurance subsidy.—
 2029         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
 2030         (d) Payment of the retiree health insurance subsidy shall
 2031  be made only after coverage for health insurance for the retiree
 2032  or beneficiary has been certified in writing to the department
 2033  of Management Services. Participation in a former employer’s
 2034  group health insurance program is not a requirement for
 2035  eligibility under this section. Coverage issued pursuant to s.
 2036  408.9091 is considered health insurance for the purposes of this
 2037  section.
 2038         (4) PAYMENT OF RETIREE HEALTH INSURANCE SUBSIDY.—Beginning
 2039  January 1, 1988, any monthly retiree health insurance subsidy
 2040  amount due and payable under this section shall be paid to
 2041  retired members by the department of Management Services or
 2042  under the direction and control of the department.
 2043         (7) ADMINISTRATION OF SYSTEM.—The department of Management
 2044  Services may adopt such rules and regulations as are necessary
 2045  for the effective and efficient administration of this section.
 2046  The cost of administration shall be appropriated from the trust
 2047  fund.
 2048         (8) CONTRIBUTIONS.—For purposes of funding the insurance
 2049  subsidy provided by this section:
 2050         (a) Beginning October 1, 1987, the employer of each member
 2051  of a state-administered retirement plan shall contribute 0.24
 2052  percent of gross compensation each pay period.
 2053         (b) Beginning January 1, 1989, the employer of each member
 2054  of a state-administered retirement plan shall contribute 0.48
 2055  percent of gross compensation each pay period.
 2056         (c) Beginning January 1, 1994, the employer of each member
 2057  of a state-administered retirement plan shall contribute 0.56
 2058  percent of gross compensation each pay period.
 2059         (d) Beginning January 1, 1995, the employer of each member
 2060  of a state-administered retirement plan shall contribute 0.66
 2061  percent of gross compensation each pay period.
 2062         (e) Beginning July 1, 1998, the employer of each member of
 2063  a state-administered retirement plan shall contribute 0.94
 2064  percent of gross compensation each pay period.
 2065         (f) Beginning July 1, 2001, the employer of each member of
 2066  a state-administered plan shall contribute 1.11 percent of gross
 2067  compensation each pay period.
 2068  
 2069  Such contributions shall be submitted to the department of
 2070  Management Services and deposited in the Retiree Health
 2071  Insurance Subsidy Trust Fund.
 2072         Section 61. Subsections (2) and (4) of section 112.63,
 2073  Florida Statutes, are amended to read:
 2074         112.63 Actuarial reports and statements of actuarial
 2075  impact; review.—
 2076         (2) The frequency of actuarial reports must be at least
 2077  every 3 years commencing from the last actuarial report of the
 2078  plan or system or October 1, 1980, if no actuarial report has
 2079  been issued within the 3-year period prior to October 1, 1979.
 2080  The results of each actuarial report must shall be filed with
 2081  the plan administrator within 60 days after of certification.
 2082  Thereafter, the results of each actuarial report shall be made
 2083  available for inspection upon request. Additionally, each
 2084  retirement system or plan covered by this part act which is not
 2085  administered directly by the Department of Personnel Management
 2086  Services shall furnish a copy of each actuarial report to the
 2087  department of Management Services within 60 days after receipt
 2088  from the actuary. The requirements of this section are
 2089  supplemental to actuarial valuations necessary to comply with
 2090  the requirements of s. 218.39.
 2091         (4) Upon receipt, pursuant to subsection (2), of an
 2092  actuarial report, or upon receipt, pursuant to subsection (3),
 2093  of a statement of actuarial impact, the Department of Personnel
 2094  Management Services shall acknowledge such receipt, but shall
 2095  only review and comment on each retirement system’s or plan’s
 2096  actuarial valuations at least on a triennial basis. If the
 2097  department finds that the actuarial valuation is not complete,
 2098  accurate, or based on reasonable assumptions or otherwise
 2099  materially fails to satisfy the requirements of this part;, if
 2100  the department requires additional material information
 2101  necessary to complete its review of the actuarial valuation of a
 2102  system or plan or material information necessary to satisfy the
 2103  duties of the department pursuant to s. 112.665(1);, or if the
 2104  department does not receive the actuarial report or statement of
 2105  actuarial impact, the department shall notify the administrator
 2106  of the affected retirement system or plan and the affected
 2107  governmental entity and request appropriate adjustment, the
 2108  additional material information, or the required report or
 2109  statement. The notification must inform the administrator of the
 2110  affected retirement system or plan and the affected governmental
 2111  entity of the consequences of failing for failure to comply with
 2112  the requirements of this subsection. If, after a reasonable
 2113  period of time, a satisfactory adjustment is not made or the
 2114  report, statement, or additional material information is not
 2115  provided, the department may notify the Department of Revenue
 2116  and the Department of Financial Services of such noncompliance,
 2117  in which case the Department of Revenue and the Department of
 2118  Financial Services shall withhold any funds not pledged for
 2119  satisfaction of bond debt service which are payable to the
 2120  affected governmental entity until the adjustment is made or the
 2121  report, statement, or additional material information is
 2122  provided to the department. The department shall specify the
 2123  date such action is to begin, and notification by the department
 2124  must be received by the Department of Revenue, the Department of
 2125  Financial Services, and the affected governmental entity 30 days
 2126  before the date the action begins.
 2127         (a) Within 21 days after receipt of the notice, the
 2128  affected governmental entity may petition for a hearing under
 2129  ss. 120.569 and 120.57 with the Department of Personnel
 2130  Management Services. The Department of Revenue and the
 2131  Department of Financial Services may not be parties to any such
 2132  hearing, but may request to intervene if requested by the
 2133  department of Management Services or if the Department of
 2134  Revenue or the Department of Financial Services determines its
 2135  interests may be adversely affected by the hearing. If the
 2136  administrative law judge recommends in favor of the department,
 2137  the department shall perform an actuarial review, prepare the
 2138  statement of actuarial impact, or collect the requested material
 2139  information. The cost to the department of conducting performing
 2140  such actuarial review, preparing the statement, or collecting
 2141  the requested material information shall be charged to the
 2142  affected governmental entity responsible for of which the
 2143  employees are covered by the retirement system or plan. If
 2144  payment of such costs is not received by the department within
 2145  60 days after receipt by the affected governmental entity of the
 2146  request for payment, the department shall certify to the
 2147  Department of Revenue and the Department of Financial Services
 2148  the amount due, and the Department of Revenue and the Department
 2149  of Financial Services shall pay such amount to the department of
 2150  Management Services from any funds not pledged for satisfaction
 2151  of bond debt service which are payable to the affected
 2152  governmental entity of which the employees are covered by the
 2153  retirement system or plan. If the administrative law judge
 2154  recommends in favor of the affected governmental entity and the
 2155  department conducts performs an actuarial review, prepares the
 2156  statement of actuarial impact, or collects the requested
 2157  material information, the cost to the department of performing
 2158  the actuarial review, preparing the statement, or collecting the
 2159  requested material information shall be paid by the department
 2160  of Management Services.
 2161         (b) In the case of an affected special district, the
 2162  Department of Personnel Management Services shall also notify
 2163  the Department of Community Affairs. Upon receipt of
 2164  notification, the Department of Community Affairs shall proceed
 2165  pursuant to the provisions of s. 189.421 with regard to the
 2166  special district.
 2167         Section 62. Subsection (1) of section 112.64, Florida
 2168  Statutes, is amended to read:
 2169         112.64 Administration of funds; amortization of unfunded
 2170  liability.—
 2171         (1) Employee contributions shall be deposited in the
 2172  retirement system or plan at least monthly. Employer
 2173  contributions shall be deposited at least quarterly; however,
 2174  any revenues received from any source by an employer which are
 2175  specifically collected for the purpose of allocation for deposit
 2176  into a retirement system or plan must shall be so deposited
 2177  within 30 days after of receipt by the employer. All employers
 2178  and employees participating in the Florida Retirement System and
 2179  other existing retirement systems that which are administered by
 2180  the Department of Personnel Management Services shall continue
 2181  to make contributions at least monthly.
 2182         Section 63. Section 112.658, Florida Statutes, is amended
 2183  to read:
 2184         112.658 Office of Program Policy Analysis and Government
 2185  Accountability to determine compliance of the Florida Retirement
 2186  System.—
 2187         (1) The Office of Program Policy Analysis and Government
 2188  Accountability shall:
 2189         (1) Determine, through the examination of actuarial
 2190  reviews, financial statements, and the practices and procedures
 2191  of the Department of Personnel Management Services, the
 2192  compliance of the Florida Retirement System with the provisions
 2193  of this part act.
 2194         (2) The Office of Program Policy Analysis and Government
 2195  Accountability shall Employ an independent consulting actuary
 2196  who is an enrolled actuary as defined in this part to assist in
 2197  the determination of compliance.
 2198         (3) The Office of Program Policy Analysis and Government
 2199  Accountability shall Employ the same actuarial standards to
 2200  monitor the Department of Personnel Management that Services as
 2201  the department of Management Services uses to monitor local
 2202  governments.
 2203         Section 64. Subsections (9), (16), and (17) of section
 2204  112.661, Florida Statutes, are amended to read:
 2205         112.661 Investment policies.—Investment of the assets of
 2206  any local retirement system or plan must be consistent with a
 2207  written investment policy adopted by the board. Such policies
 2208  shall be structured to maximize the financial return to the
 2209  retirement system or plan consistent with the risks incumbent in
 2210  each investment and shall be structured to establish and
 2211  maintain an appropriate diversification of the retirement system
 2212  or plan’s assets.
 2213         (9) EXPECTED ANNUAL RATE OF RETURN.—The investment policy
 2214  must shall require that, for each actuarial valuation, the board
 2215  determine the total expected annual rate of return for the
 2216  current year, for each of the next several years, and for the
 2217  long term thereafter. This determination must be filed promptly
 2218  with the Department of Personnel Management Services and with
 2219  the plan’s sponsor and the consulting actuary. The department
 2220  shall use this determination only to notify the board, the
 2221  plan’s sponsor, and consulting actuary only of material
 2222  differences between the total expected annual rate of return and
 2223  the actuarial assumed rate of return.
 2224         (16) FILING OF INVESTMENT POLICY.—Upon adoption by the
 2225  board, the investment policy shall be promptly filed with the
 2226  Department of Personnel Management Services and the plan’s
 2227  sponsor and consulting actuary. The effective date of the
 2228  investment policy, and any amendment thereto, is shall be the
 2229  31st calendar day following the filing date with the plan
 2230  sponsor.
 2231         (17) VALUATION OF ILLIQUID INVESTMENTS.—The investment
 2232  policy must shall provide for the valuation of illiquid
 2233  investments for which a generally recognized market is not
 2234  available or for which there is no consistent or generally
 2235  accepted pricing mechanism. If those investments are used
 2236  utilized, the investment policy must include the criteria set
 2237  forth in s. 215.47(6), except that submission to the Investment
 2238  Advisory Council is not required. The investment policy must
 2239  shall require that, for each actuarial valuation, the board must
 2240  verify the determination of the fair market value for those
 2241  investments and ascertain that the determination complies with
 2242  all applicable state and federal requirements. The investment
 2243  policy must shall require that the board disclose to the
 2244  Department of Personnel Management Services and the plan’s
 2245  sponsor each such investment for which the fair market value is
 2246  not provided.
 2247         Section 65. Section 112.665, Florida Statutes, is amended
 2248  to read:
 2249         112.665 Duties of Department of Personnel Management
 2250  Services.—
 2251         (1) The Department of Personnel Management Services shall:
 2252         (a) Gather, catalog, and maintain complete, computerized
 2253  data information on all public employee retirement systems or
 2254  plans in the state, based upon a review of audits, reports, and
 2255  other data pertaining to the systems or plans;
 2256         (b) Receive and comment upon all actuarial reviews of
 2257  retirement systems or plans maintained by units of local
 2258  government;
 2259         (c) Cooperate with local retirement systems or plans on
 2260  matters of mutual concern and provide technical assistance to
 2261  units of local government in the assessment and revision of
 2262  retirement systems or plans;
 2263         (d) Annually issue, by January 1 annually, a report to the
 2264  President of the Senate and the Speaker of the House of
 2265  Representatives, which report details division activities,
 2266  findings, and recommendations concerning all governmental
 2267  retirement systems. The report may include proposed legislation
 2268  proposed to carry out such recommendations;
 2269         (e) Annually issue, by January 1 annually, a report to the
 2270  Special District Information Program of the Department of
 2271  Community Affairs which that includes the participation in and
 2272  compliance of special districts with the local government
 2273  retirement system provisions in s. 112.63 and the state
 2274  administered retirement system provisions as specified in part I
 2275  of chapter 121; and
 2276         (f) Adopt reasonable rules to administer the provisions of
 2277  this part.
 2278         (2) The Department of Personnel Management may subpoena
 2279  actuarial witnesses, review books and records, hold hearings,
 2280  and take testimony. A witness shall have the right to be
 2281  accompanied by counsel.
 2282         Section 66. Subsection (1) of section 120.65, Florida
 2283  Statutes, is amended to read:
 2284         120.65 Administrative law judges.—
 2285         (1) The Division of Administrative Hearings within the
 2286  Department of Personnel Management Services shall be headed by a
 2287  director who shall be appointed by the Administration Commission
 2288  and confirmed by the Senate. The director, who shall also serve
 2289  as the chief administrative law judge, and any deputy chief
 2290  administrative law judge must possess the same minimum
 2291  qualifications as the administrative law judges employed by the
 2292  division. The Deputy Chief Judge of Compensation Claims must
 2293  possess the minimum qualifications established in s. 440.45(2)
 2294  and shall report to the director. The division shall be a
 2295  separate budget entity, and the director shall be its agency
 2296  head for all purposes. The department of Management Services
 2297  shall provide administrative support and service to the division
 2298  to the extent requested by the director. The division is shall
 2299  not be subject to control, supervision, or direction by the
 2300  department of Management Services in any manner, including, but
 2301  not limited to, personnel, purchasing, transactions involving
 2302  real or personal property, and budgetary matters.
 2303         Section 67. Subsections (4), (5), and (32) of section
 2304  121.021, Florida Statutes, are amended to read:
 2305         121.021 Definitions.—The following words and phrases as
 2306  used in this chapter have the respective meanings set forth
 2307  unless a different meaning is plainly required by the context:
 2308         (4) “Department” means the Department of Personnel
 2309  Management Services.
 2310         (5) “Administrator” means the executive director secretary
 2311  of the Department of Management Services.
 2312         (32) “State agency” means the Department of Personnel
 2313  Management Services within the provisions and contemplation of
 2314  chapter 650.
 2315         Section 68. Section 121.025, Florida Statutes, is amended
 2316  to read:
 2317         121.025 Administrator; powers and duties.—The executive
 2318  director secretary of the Department of Personnel Management is
 2319  Services shall be the administrator of the retirement and
 2320  pension systems assigned or transferred to the Department of
 2321  Personnel Management Services by law and shall have the
 2322  authority to sign all the contracts necessary to carry out the
 2323  duties and responsibilities assigned by law to the department by
 2324  law of Management Services.
 2325         Section 69. Subsections (1), (2), and (5) of section
 2326  121.031, Florida Statutes, are amended to read:
 2327         121.031 Administration of system; appropriation; oaths;
 2328  actuarial studies; public records.—
 2329         (1) The department may of Management Services has the
 2330  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
 2331  to implement the provisions of law conferring duties upon the
 2332  department and to adopt rules as are necessary for the effective
 2333  and efficient administration of the retirement this system. The
 2334  funds to pay the expenses of administering for administration of
 2335  the system are hereby appropriated from the interest earned on
 2336  investments made for the Retirement System Trust Fund and the
 2337  assessments allowed under chapter 650.
 2338         (2) The department may of Management Services is authorized
 2339  to require oaths, by affidavit or otherwise, and acknowledgments
 2340  from persons in connection with administering the administration
 2341  of its duties and responsibilities under this chapter.
 2342         (5) The names and addresses of retirees are confidential
 2343  and exempt from the provisions of s. 119.07(1) such to the
 2344  extent that a no state or local governmental agency may not
 2345  provide the names or addresses of retirees such persons in
 2346  aggregate, compiled, or list form to any person except to a
 2347  public agency engaged in official business. However, a state or
 2348  local government agency may provide the names and addresses of
 2349  retirees from that agency to a bargaining agent as defined in s.
 2350  447.203(12) or to a retiree organization for official business
 2351  use. Lists of names or addresses of retirees may be exchanged by
 2352  public agencies, but such lists may shall not be provided to, or
 2353  open for inspection by, the public. Any person may view or copy
 2354  an any individual’s retirement records at the department of
 2355  Management Services, one record at a time, or may obtain
 2356  information by a separate written request for a named individual
 2357  for which information is desired.
 2358         Section 70. Paragraph (c) of subsection (1) and paragraph
 2359  (b) of subsection (2) of section 121.051, Florida Statutes, are
 2360  amended to read:
 2361         121.051 Participation in the system.—
 2362         (1) COMPULSORY PARTICIPATION.—
 2363         (c)1.After June 30, 1983, a member of an existing system
 2364  who is reemployed after terminating employment shall have at the
 2365  time of reemployment the option of selecting to remain in the
 2366  existing retirement system or to transfer to the Florida
 2367  Retirement System. Failure to submit such selection in writing
 2368  to the department of Management Services within 6 months of
 2369  reemployment shall result in compulsory membership in the
 2370  Florida Retirement System.
 2371         2.After June 30, 1988, the provisions of subparagraph 1.
 2372  shall not apply to A member of an existing retirement system who
 2373  is reemployed within 12 months after terminating employment.
 2374  Such member shall continue to have membership in the existing
 2375  system upon reemployment and may shall not be permitted to
 2376  become a member of the Florida Retirement System, except by
 2377  transferring to that system as provided in ss. 121.052 and
 2378  121.055.
 2379         (2) OPTIONAL PARTICIPATION.—
 2380         (b)1. The governing body of a any municipality,
 2381  metropolitan planning organization, or special district in the
 2382  state may elect to participate in the Florida Retirement System
 2383  upon proper application to the administrator and may cover all
 2384  or any of its units as approved by the Secretary of Health and
 2385  Human Services and the administrator. The department shall adopt
 2386  rules providing establishing provisions for the submission of
 2387  documents necessary for such application.
 2388         1. Before Prior to being approved for participation in the
 2389  Florida Retirement system, the governing body of any such
 2390  municipality, metropolitan planning organization, or special
 2391  district that has a local retirement system shall submit to the
 2392  administrator a certified financial statement to the
 2393  administrator showing the condition of the local retirement
 2394  system as of a date within 3 months before prior to the proposed
 2395  effective date of membership in the Florida Retirement System.
 2396  The statement must be certified by a recognized accounting firm
 2397  that is independent of the local retirement system. All required
 2398  documents necessary for extending Florida Retirement System
 2399  coverage must be received by the department for consideration at
 2400  least 15 days before prior to the proposed effective date of
 2401  coverage. If the municipality, metropolitan planning
 2402  organization, or special district does not comply with this
 2403  requirement, the department may change require that the
 2404  effective date of coverage be changed.
 2405         2. Any municipality city, metropolitan planning
 2406  organization, or special district that has an existing
 2407  retirement system covering the employees in the units that are
 2408  to be brought under the Florida Retirement System may
 2409  participate only after holding a referendum in which all
 2410  employees in the affected units have the right to participate.
 2411  Only those employees electing coverage under the Florida
 2412  Retirement system by affirmative vote in the said referendum are
 2413  shall be eligible for coverage under this chapter, and those not
 2414  participating or electing not to be covered by the Florida
 2415  Retirement System shall remain in their existing retirement
 2416  present systems and are shall not be eligible for coverage under
 2417  this chapter. After the referendum is held, all future employees
 2418  are shall be compulsory members of the Florida Retirement
 2419  System.
 2420         3. The governing body of a municipality any city,
 2421  metropolitan planning organization, or special district
 2422  complying with subparagraph 1. may elect to provide, or not
 2423  provide, benefits based on past service of officers and
 2424  employees as described in s. 121.081(1). However, if the such
 2425  employer elects to provide past service benefits, such benefits
 2426  must be provided for all officers and employees of its covered
 2427  group.
 2428         4. Once the this election is made and approved it may not
 2429  be revoked, except pursuant to subparagraphs 5. and 6., and all
 2430  present officers and employees electing coverage under this
 2431  chapter and all future officers and employees are shall be
 2432  compulsory members of the Florida Retirement System.
 2433         5. Subject to the conditions set forth in subparagraph 6.,
 2434  the governing body of a any hospital licensed under chapter 395
 2435  which is governed by the board of a special district as defined
 2436  in s. 189.403(1) or by the board of trustees of a public health
 2437  trust created under s. 154.07, hereinafter referred to as
 2438  “hospital district,” and which participates in the system, may
 2439  elect to cease participation in the system with regard to future
 2440  employees in accordance with the following procedure:
 2441         a. No more than 30 days and at least 7 days before adopting
 2442  a resolution to partially withdraw from the Florida Retirement
 2443  System and establish an alternative retirement plan for future
 2444  employees, a public hearing must be held on the proposed
 2445  withdrawal and proposed alternative plan.
 2446         b. From 7 to 15 days before such hearing, notice of intent
 2447  to withdraw, specifying the time and place of the hearing, must
 2448  be provided in writing to employees of the hospital district
 2449  proposing partial withdrawal and must be published in a
 2450  newspaper of general circulation in the area affected, as
 2451  provided by ss. 50.011-50.031. Proof of publication of such
 2452  notice must shall be submitted to the department of Management
 2453  Services.
 2454         c. The governing body of any hospital district seeking to
 2455  partially withdraw from the system must, before such hearing,
 2456  have an actuarial report prepared and certified by an enrolled
 2457  actuary, as defined in s. 112.625(3), illustrating the cost to
 2458  the hospital district of providing, through the retirement plan
 2459  that the hospital district is to adopt, benefits for new
 2460  employees comparable to those provided under the Florida
 2461  Retirement System.
 2462         d. Upon meeting all applicable requirements of this
 2463  subparagraph, and subject to the conditions set forth in
 2464  subparagraph 6., partial withdrawal from the system and adoption
 2465  of the alternative retirement plan may be accomplished by
 2466  resolution duly adopted by the hospital district board. The
 2467  hospital district board must provide written notice of such
 2468  withdrawal to the division by mailing a copy of the resolution
 2469  to the division, postmarked by no later than December 15, 1995.
 2470  The withdrawal shall take effect January 1, 1996.
 2471         6. Following the adoption of a resolution under sub
 2472  subparagraph 5.d., all employees of the withdrawing hospital
 2473  district who were participants in the Florida Retirement System
 2474  before prior to January 1, 1996, shall remain as participants in
 2475  the system for as long as they are employees of the hospital
 2476  district, and all rights, duties, and obligations between the
 2477  hospital district, the system, and the employees shall remain in
 2478  full force and effect. Any employee who is hired or appointed on
 2479  or after January 1, 1996, may not participate in the Florida
 2480  Retirement System, and the withdrawing hospital district has
 2481  shall have no obligation to the system with respect to such
 2482  employees.
 2483         Section 71. Subsection (2) of section 121.0511, Florida
 2484  Statutes, is amended to read:
 2485         121.0511 Revocation of election and alternative plan.—The
 2486  governing body of any municipality or independent special
 2487  district that has elected to participate in the Florida
 2488  Retirement System may revoke its election in accordance with the
 2489  following procedure:
 2490         (2) At least 7 days, but not more than 15 days, before the
 2491  hearing, notice of intent to revoke, specifying the time and
 2492  place of the hearing, must be published in a newspaper of
 2493  general circulation in the area affected, as provided by ss.
 2494  50.011-50.031. Proof of publication of the notice must be
 2495  submitted to the department of Management Services.
 2496         Section 72. Paragraph (b) of subsection (3) of section
 2497  121.0515, Florida Statutes, is amended to read:
 2498         121.0515 Special risk membership.—
 2499         (3) PROCEDURE FOR DESIGNATING.—
 2500         (b)1. Applying the criteria set forth in this section, the
 2501  department of Management Services shall determine specify which
 2502  current and newly created classes of positions under the uniform
 2503  classification plan established pursuant to chapter 110 entitle
 2504  the incumbents of positions in those classes to membership in
 2505  the Special Risk Class. Only employees employed in the classes
 2506  so specified shall be special risk members.
 2507         2.If When a class is determined not to be in the Special
 2508  Risk Class specified by the department as provided in
 2509  subparagraph 1., the employing agency may petition the State
 2510  Retirement Commission for approval in accordance with s. 121.23.
 2511         Section 73. Paragraphs (b) and (h) of subsection (1) and
 2512  paragraph (a) of subsection (6) of section 121.055, Florida
 2513  Statutes, are amended to read:
 2514         121.055 Senior Management Service Class.—There is hereby
 2515  established a separate class of membership within the Florida
 2516  Retirement System to be known as the “Senior Management Service
 2517  Class,” which shall become effective February 1, 1987.
 2518         (1)
 2519         (b)1. Except as provided in subparagraph 2., effective
 2520  January 1, 1990, participation in the Senior Management Service
 2521  Class is shall be compulsory for the president of each community
 2522  college, the manager of each participating city or county, and
 2523  all appointed district school superintendents. Effective January
 2524  1, 1994, additional positions may be included designated for
 2525  inclusion in the Senior Management Service Class. of the Florida
 2526  Retirement System, provided that:
 2527         a. The positions must to be included in the class shall be
 2528  designated by the local agency employer. Notice of intent to
 2529  designate positions for inclusion in the class must shall be
 2530  published once a week for 2 consecutive weeks in a newspaper of
 2531  general circulation published in the county or counties
 2532  affected, as provided in chapter 50.
 2533         b. Up to 10 nonelective full-time positions may be
 2534  designated for each local agency employer reporting to the
 2535  department. of Management Services; For local agencies with 100
 2536  or more regularly established positions, additional nonelective
 2537  full-time positions may be designated, not to exceed 1 percent
 2538  of the regularly established positions within the agency.
 2539         c. Each position added to the class must be a managerial or
 2540  policymaking position filled by an employee who is not subject
 2541  to continuing contract; who and serves at the pleasure of the
 2542  local agency employer without civil service protection;, and
 2543  who:
 2544         (I) heads an organizational unit; or
 2545         (II) has authority responsibility to effect or recommend
 2546  personnel, budget, expenditure, or policy decisions in his or
 2547  her areas of responsibility.
 2548         2. In lieu of participation in the Senior Management
 2549  Service Class, members of the Senior Management Service class
 2550  under pursuant to the provisions of subparagraph 1. may withdraw
 2551  from the Florida Retirement System altogether. The decision to
 2552  withdraw from the Florida Retirement System is shall be
 2553  irrevocable for as long as the employee holds the such a
 2554  position. Any service creditable under the Senior Management
 2555  Service Class shall be retained after the member withdraws from
 2556  the Florida Retirement system; however, additional service
 2557  credit in the Senior Management Service Class may shall not be
 2558  earned after such withdrawal. Such members may shall not be
 2559  eligible to participate in the Senior Management Service
 2560  Optional Annuity Program.
 2561         3. Effective January 1, 2006, through June 30, 2006, an
 2562  employee who has withdrawn from the Florida Retirement System
 2563  under subparagraph 2. has one opportunity to elect to
 2564  participate in either the defined benefit program or the defined
 2565  contribution Public Employee Optional Retirement program of the
 2566  Florida Retirement System.
 2567         a. If the employee elects to participate in the defined
 2568  contribution Public Employee Optional Retirement program,
 2569  membership is shall be prospective, and the applicable
 2570  provisions of s. 121.4501(4) shall govern the election.
 2571         b. If the employee elects to participate in the defined
 2572  benefit program of the Florida Retirement System, the employee
 2573  shall, upon payment to the system trust fund of the amount
 2574  calculated under sub-sub-subparagraph (I), receive service
 2575  credit for prior service based upon the time during which the
 2576  employee had withdrawn from the system.
 2577         (I) The cost for such credit shall be an amount
 2578  representing the actuarial accrued liability for the affected
 2579  period of service. The cost shall be calculated using the
 2580  discount rate and other relevant actuarial assumptions that were
 2581  used to value the Florida Retirement System defined benefit plan
 2582  liabilities in the most recent actuarial valuation. The
 2583  calculation must shall include any service already maintained
 2584  under the defined benefit plan in addition to the period of
 2585  withdrawal. The actuarial accrued liability attributable to any
 2586  service already maintained under the defined benefit plan is
 2587  shall be applied as a credit to the total cost resulting from
 2588  the calculation. The division shall ensure that the transfer sum
 2589  is prepared using a formula and methodology certified by an
 2590  actuary.
 2591         (II) The employee must transfer a sum representing the net
 2592  cost owed for the actuarial accrued liability in sub-sub
 2593  subparagraph (I) immediately following the time of such
 2594  movement, determined assuming that attained service equals the
 2595  sum of service in the defined benefit program and the period of
 2596  withdrawal.
 2597         (h)1. Except as provided in subparagraph 3., effective
 2598  January 1, 1994, participation in the Senior Management Service
 2599  Class is shall be compulsory for the State Courts Administrator
 2600  and the Deputy State Courts Administrators, the Clerk of the
 2601  Supreme Court, the Marshal of the Supreme Court, the Executive
 2602  Director of the Justice Administrative Commission, the capital
 2603  collateral regional counsel, the clerks of the district courts
 2604  of appeals, the marshals of the district courts of appeals, and
 2605  the trial court administrator and the Chief Deputy Court
 2606  Administrator in each judicial circuit. Effective January 1,
 2607  1994, Additional positions in the offices of the state attorney
 2608  and public defender in each judicial circuit may be designated
 2609  for inclusion in the. Senior Management Service class of the
 2610  Florida Retirement System, provided that:
 2611         a. The positions must to be included in the class shall be
 2612  designated by the state attorney or public defender, as
 2613  appropriate. Notice of intent to designate positions for
 2614  inclusion in the class must shall be published once a week for 2
 2615  consecutive weeks in a newspaper of general circulation
 2616  published in the county or counties affected, as provided in
 2617  chapter 50.
 2618         b. One nonelective full-time position may be designated for
 2619  each state attorney and public defender reporting to the
 2620  department of Management Services; for agencies with 200 or more
 2621  regularly established positions under the state attorney or
 2622  public defender, additional nonelective full-time positions may
 2623  be designated, not to exceed 0.5 percent of the regularly
 2624  established positions within the agency.
 2625         c. Each position added to the class must be a managerial or
 2626  policymaking position filled by an employee who serves at the
 2627  pleasure of the state attorney or public defender without civil
 2628  service protection, and who:
 2629         (I) heads an organizational unit; or
 2630         (II) has authority responsibility to effect or recommend
 2631  personnel, budget, expenditure, or policy decisions in his or
 2632  her areas of responsibility.
 2633         2. Participation in this class is shall be compulsory,
 2634  except as provided in subparagraph 3., for any judicial employee
 2635  who holds a position designated for coverage in the Senior
 2636  Management Service Class, and such participation continues shall
 2637  continue until the employee terminates employment in a covered
 2638  position. Effective January 1, 2001, Participation in this class
 2639  is compulsory for assistant state attorneys, assistant statewide
 2640  prosecutors, assistant public defenders, and assistant capital
 2641  collateral regional counsel, and. Effective January 1, 2002,
 2642  participation in this class is compulsory for assistant
 2643  attorneys general.
 2644         3. In lieu of participation in the Senior Management
 2645  Service Class, such members, excluding assistant state
 2646  attorneys, assistant public defenders, assistant statewide
 2647  prosecutors, assistant attorneys general, and assistant capital
 2648  collateral regional counsel, may participate in the Senior
 2649  Management Service Optional Annuity Program as established in
 2650  subsection (6).
 2651         (6)(a) Senior Management Service Optional Annuity Program.
 2652  The department of Management Services shall establish a Senior
 2653  Management Service Optional Annuity Program under which
 2654  contracts providing retirement, death, and disability benefits
 2655  may be purchased for those employees who elect to participate in
 2656  the optional annuity program. The benefits to be provided for or
 2657  on behalf of participants must in such optional annuity program
 2658  shall be provided through individual contracts or individual
 2659  certificates issued for group annuity contracts, which may be
 2660  fixed, variable, or a combination thereof, in accordance with s.
 2661  401(a) of the Internal Revenue Code. Any such individual
 2662  contract or certificate must shall state the annuity plan on its
 2663  face page, and shall include, but not be limited to, a statement
 2664  of ownership, the contract benefits, annuity income options,
 2665  limitations, expense charges, and surrender charges, if any. The
 2666  employing agency shall contribute, as provided in this section,
 2667  toward the purchase of the such optional benefits which shall be
 2668  fully and immediately vested in the participants.
 2669         Section 74. Section 121.1815, Florida Statutes, is amended
 2670  to read:
 2671         121.1815 Special pensions to individuals; administration of
 2672  laws by Department of Management Services.—All powers, duties,
 2673  and functions related to the administration of laws providing
 2674  special pensions to individuals, including chapter 18054, Laws
 2675  of Florida, 1937; chapter 26788, Laws of Florida, 1951, as
 2676  amended by chapter 57-871, Laws of Florida; chapter 26836, Laws
 2677  of Florida, 1951; and chapter 63-953, Laws of Florida, are
 2678  vested in the department. All laws hereinafter enacted by the
 2679  Legislature pertaining to special pensions for individuals shall
 2680  be administered by the department, unless contrary provisions
 2681  are contained in such law. Upon the death of any person
 2682  receiving a monthly pension under this section, the monthly
 2683  pension shall be paid through the last day of the month of death
 2684  and shall terminate on that date, unless contrary provisions are
 2685  contained in the special pension law.
 2686         Section 75. Section 121.1905, Florida Statutes, is
 2687  repealed.
 2688         Section 76. Section 121.192, Florida Statutes, is amended
 2689  to read:
 2690         121.192 State retirement actuary.—The department may employ
 2691  an actuary. Such actuary shall, Together with such other duties
 2692  as the executive director secretary may assign, the actuary
 2693  shall be responsible for:
 2694         (1) Advising the executive director secretary on actuarial
 2695  matters of the state retirement systems.
 2696         (2) Making periodic valuations of the retirement systems.
 2697         (3) Providing actuarial analyses to the Legislature
 2698  concerning proposed changes in the retirement systems.
 2699         (4) Assisting the executive director secretary in
 2700  developing a sound and modern retirement system.
 2701         Section 77. Subsection (1) of section 121.22, Florida
 2702  Statutes, is amended to read:
 2703         121.22 State Retirement Commission; creation; membership;
 2704  compensation.—
 2705         (1) The There is created within the Department of
 2706  Management Services a State Retirement Commission is created
 2707  within the department, composed of five members: Two members who
 2708  are retired under a state-supported retirement system
 2709  administered by the department; two members who are active
 2710  members of a state-supported retirement system that is
 2711  administered by the department; and one member who is neither a
 2712  retiree, beneficiary, or member of a state-supported retirement
 2713  system administered by the department. Each member shall have a
 2714  different occupational background from the other members.
 2715         Section 78. Subsection (1) of section 121.23, Florida
 2716  Statutes, is amended to read:
 2717         121.23 Disability retirement and special risk membership
 2718  applications; Retirement Commission; powers and duties; judicial
 2719  review.—The provisions of this section apply to all proceedings
 2720  in which the administrator has made a written final decision on
 2721  the merits respecting applications for disability retirement,
 2722  reexamination of retired members receiving disability benefits,
 2723  applications for special risk membership, and reexamination of
 2724  special risk members in the Florida Retirement System. The
 2725  jurisdiction of the State Retirement Commission under this
 2726  section shall be limited to written final decisions of the
 2727  administrator on the merits.
 2728         (1) In accordance with the rules of procedure adopted by
 2729  the department of Management Services, the administrator shall:
 2730         (a) Give reasonable notice of his or her proposed action,
 2731  or decision to refuse action, together with a summary of the
 2732  factual, legal, and policy grounds for the action therefor.
 2733         (b) Give affected members, or their counsel, an opportunity
 2734  to present to the division written evidence in opposition to the
 2735  proposed action or refusal to act or a written statement
 2736  challenging the grounds upon which the administrator has chosen
 2737  to justify his or her action or inaction.
 2738         (c) If the objections of the member are overruled, provide
 2739  a written explanation within 21 days.
 2740         Section 79. Subsections (2), (3), and (4) of section
 2741  121.24, Florida Statutes, are amended to read:
 2742         121.24 Conduct of commission business; legal and other
 2743  assistance; compensation.—
 2744         (2) Legal counsel for the commission may be provided by the
 2745  department or the Department of Legal Affairs or by the
 2746  Department of Management Services, with the concurrence of the
 2747  commission, and shall be paid by the department of Management
 2748  Services from the appropriate funds.
 2749         (3) The department of Management Services shall provide
 2750  timely and appropriate training for newly appointed members of
 2751  the commission. Such training shall be designed to acquaint new
 2752  members of the commission with the duties and responsibilities
 2753  of the commission.
 2754         (4) The department of Management Services shall furnish
 2755  administrative and secretarial assistance to the commission and
 2756  shall provide a place where the commission may hold its
 2757  meetings.
 2758         Section 80. Subsection (1) and paragraphs (c) and (d) of
 2759  subsection (2) of section 121.35, Florida Statutes, are amended
 2760  to read:
 2761         121.35 Optional retirement program for the State University
 2762  System.—
 2763         (1) OPTIONAL RETIREMENT PROGRAM ESTABLISHED.—The department
 2764  of Management Services shall establish an optional retirement
 2765  program under which contracts providing retirement and death
 2766  benefits may be purchased for eligible members of the State
 2767  University System who elect to participate in the program. The
 2768  benefits to be provided for or on behalf of participants in such
 2769  optional retirement program shall be provided through individual
 2770  contracts or individual certificates issued for group annuity or
 2771  other contracts, which may be fixed, variable, or a combination
 2772  thereof, in accordance with s. 403(b) of the Internal Revenue
 2773  Code. An Any individual contract or certificate must shall state
 2774  the annuity plan on its face page, and shall include, but not be
 2775  limited to, a statement of ownership, the contract benefits,
 2776  annuity income options, limitations, expense charges, and
 2777  surrender charges, if any. The state shall contribute, as
 2778  provided in this section, toward the purchase of such optional
 2779  benefits.
 2780         (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.—
 2781         (c)For purposes of this section, the Department of
 2782  Management Services is referred to as the “department.”
 2783         (c)(d) For purposes of this section, the authority granted
 2784  to the Board of Governors of the State University System may be
 2785  exercised by the Board of Governors or by the Chancellor of the
 2786  State University System.
 2787         Section 81. Subsections (3) and (13) of section 121.40,
 2788  Florida Statutes, are amended to read:
 2789         121.40 Cooperative extension personnel at the Institute of
 2790  Food and Agricultural Sciences; supplemental retirement
 2791  benefits.—
 2792         (3) DEFINITIONS.—The definitions provided in s. 121.021 do
 2793  shall not apply to this program unless except when specifically
 2794  cited. For the purposes of this section, the term the following
 2795  words or phrases have the respective meanings set forth:
 2796         (a) “Institute” means the Institute of Food and
 2797  Agricultural Sciences of the University of Florida.
 2798         (b)“Department” means the Department of Management
 2799  Services.
 2800         (b)(c) “Participant” means any employee of the institute
 2801  who is eligible to receive a supplemental benefit under this
 2802  program as provided in subsection (4).
 2803         (c)(d) “Trust fund” means the Florida Retirement System
 2804  Trust Fund.
 2805         (d)(e) “Creditable service” means any service after
 2806  subsequent to December 1, 1970, with the institute as a
 2807  cooperative extension employee holding both state and federal
 2808  appointments, that is credited for retirement purposes by the
 2809  institute toward a federal Civil Service Retirement System
 2810  annuity.
 2811         (13) ADMINISTRATION OF PROGRAM.—The Department of Personnel
 2812  Management:
 2813         (a) The Department Shall adopt make such rules as are
 2814  necessary for the effective and efficient administration of this
 2815  program. The executive director secretary of the department is
 2816  shall be the administrator of the program. The funds to pay the
 2817  expenses for such administration shall be appropriated from the
 2818  interest earned on investments made for the Florida Retirement
 2819  System Trust Fund.
 2820         (b) The Department May require oaths, by affidavit or
 2821  otherwise, and acknowledgments from persons in connection with
 2822  the administration of its duties and responsibilities under this
 2823  section.
 2824         Section 82. Paragraphs (d) through (m) of subsection (2),
 2825  paragraph (b) of subsection (8), paragraph (h) of subsection
 2826  (10), and subsection (19) of section 121.4501, Florida Statutes,
 2827  is amended to read:
 2828         121.4501 Public Employee Optional Retirement Program.—
 2829         (2) DEFINITIONS.—As used in this part, the term:
 2830         (d)“Department” means the Department of Management
 2831  Services.
 2832         (d)(e) “Division” means the Division of Retirement within
 2833  the department of Management Services.
 2834         (e)(f) “Eligible employee” means an officer or employee, as
 2835  defined in s. 121.021, who:
 2836         1. Is a member of, or is eligible for membership in, the
 2837  Florida Retirement System, including any renewed member of the
 2838  Florida Retirement System initially enrolled before July 1,
 2839  2010; or
 2840         2. Participates in, or is eligible to participate in, the
 2841  Senior Management Service Optional Annuity Program as
 2842  established under s. 121.055(6), the State Community College
 2843  System Optional Retirement Program as established under s.
 2844  121.051(2)(c), or the State University System Optional
 2845  Retirement Program established under s. 121.35.
 2846  
 2847  The term does not include any member participating in the
 2848  Deferred Retirement Option Program established under s.
 2849  121.091(13), a retiree of a state-administered retirement system
 2850  initially reemployed on or after July 1, 2010, or a mandatory
 2851  participant of the State University System Optional Retirement
 2852  Program established under s. 121.35.
 2853         (f)(g) “Employer” means an employer, as defined in s.
 2854  121.021(10), of an eligible employee.
 2855         (g)(h) “Participant” means an eligible employee who is
 2856  enrolled elects to participate in the Public Employee Optional
 2857  Retirement Program and enrolls in such optional program as
 2858  provided in subsection (4) or a terminated Deferred Retirement
 2859  Option Program participant as described in subsection (21).
 2860         (h)(i) “Public Employee Optional Retirement Program,”
 2861  “optional program,” or “optional retirement program” means the
 2862  alternative defined contribution retirement program established
 2863  under this section.
 2864         (i)(j) “Retiree” means a former participant of the Florida
 2865  Retirement System Public Employee optional retirement program
 2866  who has terminated employment and has taken a distribution as
 2867  provided in s. 121.591, except for a mandatory distribution of a
 2868  de minimis account authorized by the state board.
 2869         (k)“State board” or “board” means the State Board of
 2870  Administration.
 2871         (l)“Trustees” means Trustees of the State Board of
 2872  Administration.
 2873         (j)(m) “Vested” or “vesting” means the guarantee that a
 2874  participant is eligible to receive a retirement benefit upon
 2875  completion of the required years of service under the Public
 2876  Employee Optional Retirement Program.
 2877         (8) ADMINISTRATION OF PROGRAM.—
 2878         (b)1. The state board shall select and contract with a one
 2879  third-party administrator to provide administrative services if
 2880  those services cannot be competitively and contractually
 2881  provided by the division of Retirement within the Department of
 2882  Management Services. With the approval of the state board, the
 2883  third-party administrator may subcontract with other
 2884  organizations or individuals to provide components of the
 2885  administrative services. As a cost of administration, the state
 2886  board may compensate any such contractor for its services, in
 2887  accordance with the terms of the contract, as is deemed
 2888  necessary or proper by the board. The third-party administrator
 2889  may not be an approved provider or be affiliated with an
 2890  approved provider.
 2891         2. These administrative services may include, but are not
 2892  limited to, enrollment of eligible employees, collection of
 2893  employer contributions, disbursement of such contributions to
 2894  approved providers in accordance with the allocation directions
 2895  of participants; services relating to consolidated billing;
 2896  individual and collective recordkeeping and accounting; asset
 2897  purchase, control, and safekeeping; and direct disbursement of
 2898  funds to and from the third-party administrator, the division,
 2899  the board, employers, participants, approved providers, and
 2900  beneficiaries. This section does not prevent or prohibit a
 2901  bundled provider from providing any administrative or customer
 2902  service, including accounting and administration of individual
 2903  participant benefits and contributions; individual participant
 2904  recordkeeping; asset purchase, control, and safekeeping; direct
 2905  execution of the participant’s instructions as to asset and
 2906  contribution allocation; calculation of daily net asset values;
 2907  direct access to participant account information; or periodic
 2908  reporting to participants, at least quarterly, on account
 2909  balances and transactions, if these services are authorized by
 2910  the board as part of the contract.
 2911         3. The state board shall select and contract with one or
 2912  more organizations to provide educational services. With
 2913  approval of the state board, the organizations may subcontract
 2914  with other organizations or individuals to provide components of
 2915  the educational services. As a cost of administration, the state
 2916  board may compensate any such contractor for its services in
 2917  accordance with the terms of the contract, as is deemed
 2918  necessary or proper by the board. The education organization may
 2919  not be an approved provider or be affiliated with an approved
 2920  provider.
 2921         4. Educational services shall be designed by the state
 2922  board and department to assist employers, eligible employees,
 2923  participants, and beneficiaries in order to maintain compliance
 2924  with United States Department of Labor regulations under s.
 2925  404(c) of the Employee Retirement Income Security Act of 1974
 2926  and to assist employees in their choice of defined benefit or
 2927  defined contribution retirement program alternatives.
 2928  Educational services include, but are not limited to,
 2929  disseminating educational materials; providing retirement
 2930  planning education; explaining the differences between the
 2931  defined benefit retirement plan and the defined contribution
 2932  retirement programs plan; and offering financial planning
 2933  guidance on matters such as investment diversification,
 2934  investment risks, investment costs, and asset allocation. An
 2935  approved provider may also provide educational information,
 2936  including retirement planning and investment allocation
 2937  information concerning its products and services.
 2938         (10) EDUCATION COMPONENT.—
 2939         (h) Pursuant to paragraph (8)(a), all Florida Retirement
 2940  System employers have an obligation to regularly communicate the
 2941  existence of the two Florida Retirement System plans and the
 2942  plan choice in the natural course of administering their
 2943  personnel functions, using the educational materials supplied by
 2944  the state board and the department of Management Services.
 2945         (19) PARTICIPANT RECORDS.—Personal identifying information
 2946  of a participant in the Public Employee Optional Retirement
 2947  Program contained in Florida Retirement System records held by
 2948  the State Board of Administration or the department of
 2949  Management Services is exempt from s. 119.07(1) and s. 24(a),
 2950  Art. I of the State Constitution.
 2951         Section 83. Section 121.4503, Florida Statutes, is amended
 2952  to read:
 2953         121.4503 Florida Retirement System Contributions Clearing
 2954  Trust Fund.—
 2955         (1) The Florida Retirement System Contributions Clearing
 2956  Trust Fund is created as a clearing fund for disbursing employer
 2957  contributions to the component plans of the Florida Retirement
 2958  System and shall be administered by the department of Management
 2959  Services. Funds shall be credited to the trust fund as provided
 2960  in this chapter and shall be held in trust for the contributing
 2961  employers until such time as the assets are transferred by the
 2962  department to the Florida Retirement System Trust Fund, the
 2963  Public Employee Optional Retirement Program Trust Fund, or other
 2964  trust funds as authorized by law, to be used for the purposes of
 2965  this chapter. The trust fund is exempt from the service charges
 2966  imposed by s. 215.20.
 2967         (2) The Florida Retirement System Contributions Clearing
 2968  Trust Fund is a clearing trust fund of the department of
 2969  Management Services pursuant to s. 19(f), Art. III of the State
 2970  Constitution, and is not subject to termination.
 2971         (3) The department of Management Services may adopt rules
 2972  governing the receipt and disbursement of amounts received by
 2973  the Florida Retirement System Contributions Clearing Trust Fund
 2974  from employers contributing to the component plans of the
 2975  Florida Retirement System.
 2976         Section 84. Section 121.591, Florida Statutes, is amended
 2977  to read:
 2978         121.591 Payment of benefits payable under the Public
 2979  Employee Optional Retirement Program of the Florida Retirement
 2980  System.—Benefits may not be paid under this section unless the
 2981  member has terminated employment as provided in s.
 2982  121.021(39)(a) or is deceased and a proper application has been
 2983  filed as in the manner prescribed by the state board or the
 2984  department. The state board or department, as appropriate, may
 2985  cancel an application for retirement benefits if when the member
 2986  or beneficiary fails to timely provide the information and
 2987  documents required by this chapter and the rules of the state
 2988  board and department. In accordance with their respective
 2989  responsibilities as provided herein, the state board of
 2990  Administration and the department of Management Services shall
 2991  adopt rules establishing procedures for application for
 2992  retirement benefits and for the cancellation of such application
 2993  if when the required information or documents are not received.
 2994  The state board of Administration and the department of
 2995  Management Services, as appropriate, are authorized to cash out
 2996  a de minimis account of a participant who has been terminated
 2997  from Florida Retirement System covered employment for a minimum
 2998  of 6 calendar months. A de minimis account is an account
 2999  containing employer contributions and accumulated earnings of
 3000  not more than $5,000 made under the provisions of this chapter.
 3001  Such cash-out must either be a complete lump-sum liquidation of
 3002  the account balance, subject to the provisions of the Internal
 3003  Revenue Code, or a lump-sum direct rollover distribution paid
 3004  directly to the custodian of an eligible retirement plan, as
 3005  defined by the Internal Revenue Code, on behalf of the
 3006  participant. If any financial instrument issued for the payment
 3007  of retirement benefits under this section is not presented for
 3008  payment within 180 days after the last day of the month in which
 3009  it was originally issued, the third-party administrator or other
 3010  duly authorized agent of the state board of Administration shall
 3011  cancel the instrument and credit the amount of the instrument to
 3012  the suspense account of the Public Employee Optional Retirement
 3013  Program Trust Fund authorized under s. 121.4501(6). Any such
 3014  amounts transferred to the suspense account are payable upon a
 3015  proper application, not to include earnings thereon, as provided
 3016  in this section, within 10 years after the last day of the month
 3017  in which the instrument was originally issued, after which time
 3018  such amounts and any earnings are thereon shall be forfeited.
 3019  Any such forfeited amounts are assets of the Public Employee
 3020  Optional Retirement Program trust fund and are not subject to
 3021  the provisions of chapter 717.
 3022         (1) NORMAL BENEFITS.—Under the Public Employee Optional
 3023  Retirement Program:
 3024         (a) Benefits in the form of vested accumulations as
 3025  described in s. 121.4501(6) are payable under this subsection in
 3026  accordance with the following terms and conditions:
 3027         1. To the extent vested, Benefits are payable only to a
 3028  participant.
 3029         2. Benefits shall be paid by the third-party administrator
 3030  or designated approved providers in accordance with the law, the
 3031  contracts, and any applicable board rule or policy.
 3032         3. To receive benefits, The participant must be terminated
 3033  from all employment with all Florida Retirement System
 3034  employers, as provided in s. 121.021(39).
 3035         4. Benefit payments may not be made until the participant
 3036  has been terminated for 3 calendar months, except that the state
 3037  board may authorize by rule for the distribution of up to 10
 3038  percent of the participant’s account after being terminated for
 3039  1 calendar month if the participant has reached the normal
 3040  retirement date as defined in s. 121.021 of the defined benefit
 3041  plan.
 3042         5. If a member or former member of the Florida Retirement
 3043  System receives an invalid distribution from the Public Employee
 3044  Optional Retirement Program Trust Fund, such person must repay
 3045  the full amount invalid distribution to the trust fund within 90
 3046  days after receipt of final notification by the state board or
 3047  the third-party administrator that the distribution was invalid.
 3048  If such person fails to repay the full invalid distribution
 3049  within 90 days after receipt of final notification, the person
 3050  may be deemed retired from the optional retirement program by
 3051  the state board, as provided pursuant to s. 121.4501(2)(j), and
 3052  is subject to s. 121.122. If such person is deemed retired by
 3053  the state board, any joint and several liability set out in s.
 3054  121.091(9)(d)2. is becomes null and void, and the state board,
 3055  the department, or the employing agency is not liable for gains
 3056  on payroll contributions that have not been deposited to the
 3057  person’s account in the retirement program, pending resolution
 3058  of the invalid distribution. The member or former member who has
 3059  been deemed retired or who has been determined by the board to
 3060  have taken an invalid distribution may appeal the agency
 3061  decision through the complaint process as provided under s.
 3062  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
 3063  distribution” means any distribution from an account in the
 3064  optional retirement program which is taken in violation of this
 3065  section, s. 121.091(9), or s. 121.4501.
 3066         (b) If a participant elects to receive his or her benefits
 3067  upon termination of employment as defined in s. 121.021, the
 3068  participant must submit a written application or an equivalent
 3069  form to the third-party administrator indicating his or her
 3070  preferred distribution date and selecting an authorized method
 3071  of distribution as provided in paragraph (c). The participant
 3072  may defer receipt of benefits until he or she chooses to make
 3073  such application, subject to federal requirements.
 3074         (c) Upon receipt by the third-party administrator of a
 3075  properly executed application for distribution of benefits, the
 3076  total accumulated benefit is shall be payable to the
 3077  participant, as:
 3078         1. A lump-sum distribution to the participant;
 3079         2. A lump-sum direct rollover distribution whereby all
 3080  accrued benefits, plus interest and investment earnings, are
 3081  paid from the participant’s account directly to the custodian of
 3082  an eligible retirement plan, as defined in s. 402(c)(8)(B) of
 3083  the Internal Revenue Code, on behalf of the participant; or
 3084         3. Periodic distributions, as authorized by the state
 3085  board.
 3086         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 3087  this subsection are payable in lieu of the benefits that which
 3088  would otherwise be payable under the provisions of subsection
 3089  (1). Such benefits must shall be funded entirely from employer
 3090  contributions made under s. 121.571, transferred participant
 3091  funds accumulated pursuant to paragraph (a), and interest and
 3092  earnings thereon. Pursuant thereto:
 3093         (a) Transfer of funds.—To qualify for to receive monthly
 3094  disability benefits under this subsection:
 3095         1. All moneys accumulated in the participant’s Public
 3096  Employee Optional Retirement Program accounts, including vested
 3097  and nonvested accumulations as described in s. 121.4501(6), must
 3098  shall be transferred from such individual accounts to the
 3099  division of Retirement for deposit in the disability account of
 3100  the Florida Retirement System Trust Fund. Such moneys must shall
 3101  be separately accounted for separately. Earnings must shall be
 3102  credited on an annual basis for amounts held in the disability
 3103  accounts of the Florida Retirement System Trust Fund based on
 3104  actual earnings of the Florida Retirement System trust fund.
 3105         2. If the participant has retained retirement credit he or
 3106  she had earned under the defined benefit program of the Florida
 3107  Retirement System as provided in s. 121.4501(3)(b), a sum
 3108  representing the actuarial present value of such credit within
 3109  the Florida Retirement System Trust Fund shall be reassigned by
 3110  the division of Retirement from the defined benefit program to
 3111  the disability program as implemented under this subsection and
 3112  shall be deposited in the disability account of the Florida
 3113  Retirement System trust fund. Such moneys must shall be
 3114  separately accounted for separately.
 3115         (b) Disability retirement; entitlement.—
 3116         1. A participant of the Public Employee Optional Retirement
 3117  Program who becomes totally and permanently disabled, as defined
 3118  in paragraph (d) s. 121.091(4)(b), after completing 8 years of
 3119  creditable service, or a participant who becomes totally and
 3120  permanently disabled in the line of duty regardless of his or
 3121  her length of service, is shall be entitled to a monthly
 3122  disability benefit as provided herein.
 3123         2. In order for service to apply toward the 8 years of
 3124  creditable service required to vest for regular disability
 3125  benefits, or toward the creditable service used in calculating a
 3126  service-based benefit as provided for under paragraph (g), the
 3127  service must be creditable service as described below:
 3128         a. The participant’s period of service under the Public
 3129  Employee Optional Retirement Program is will be considered
 3130  creditable service, except as provided in subparagraph d.
 3131         b. If the participant has elected to retain credit for his
 3132  or her service under the defined benefit program of the Florida
 3133  Retirement System as provided under s. 121.4501(3)(b), all such
 3134  service is will be considered creditable service.
 3135         c. If the participant elects has elected to transfer to his
 3136  or her participant accounts a sum representing the present value
 3137  of his or her retirement credit under the defined benefit
 3138  program as provided under s. 121.4501(3)(c), the period of
 3139  service under the defined benefit program represented in the
 3140  present value amounts transferred is will be considered
 3141  creditable service for purposes of vesting for disability
 3142  benefits, except as provided in subparagraph d.
 3143         d. Whenever a participant has terminated employment and has
 3144  taken distribution of his or her funds as provided in subsection
 3145  (1), all creditable service represented by such distributed
 3146  funds is forfeited for purposes of this subsection.
 3147         (c) Disability retirement effective date.—The effective
 3148  retirement date for a participant who applies and is approved
 3149  for disability retirement shall be established as provided under
 3150  s. 121.091(4)(a)2. and 3.
 3151         (d) Total and permanent disability.—A participant shall be
 3152  considered totally and permanently disabled if, in the opinion
 3153  of the division, he or she is prevented, by reason of a
 3154  medically determinable physical or mental impairment, from
 3155  rendering useful and efficient service as an officer or
 3156  employee.
 3157         (e) Proof of disability.The division, Before approving
 3158  payment of any disability retirement benefit, the division shall
 3159  require proof that the participant is totally and permanently
 3160  disabled in the same manner as provided for members of the
 3161  defined benefit program of the Florida Retirement System under
 3162  s. 121.091(4)(c).
 3163         (f) Disability retirement benefit.—Upon the disability
 3164  retirement of a participant under this subsection, the
 3165  participant shall receive a monthly benefit that begins accruing
 3166  shall begin to accrue on the first day of the month of
 3167  disability retirement, as approved by the division, and is shall
 3168  be payable on the last day of that month and each month
 3169  thereafter during his or her lifetime and continued disability.
 3170  All disability benefits must payable to such member shall be
 3171  paid out of the disability account of the Florida Retirement
 3172  System Trust Fund established under this subsection.
 3173         (g) Computation of disability retirement benefit.—The
 3174  amount of each monthly payment must shall be calculated in the
 3175  same manner as provided for members of the defined benefit
 3176  program of the Florida Retirement System under s. 121.091(4)(f).
 3177  For such purpose, Creditable service under both the defined
 3178  benefit program and the Public Employee Optional Retirement
 3179  Program of the Florida Retirement System shall be applicable as
 3180  provided under paragraph (b).
 3181         (h) Reapplication.—A participant whose initial application
 3182  for disability retirement is has been denied may reapply for
 3183  disability benefits in the same manner, and under the same
 3184  conditions, as provided for members of the defined benefit
 3185  program of the Florida Retirement System under s. 121.091(4)(g).
 3186         (i) Membership.—Upon approval of a participant’s an
 3187  application for disability benefits under this subsection, the
 3188  applicant shall be transferred to the defined benefit program of
 3189  the Florida Retirement System, effective upon his or her
 3190  disability retirement effective date.
 3191         (j) Option to cancel.A Any participant whose application
 3192  for disability benefits is approved may cancel the his or her
 3193  application if for disability benefits, provided that the
 3194  cancellation request is received by the division before a
 3195  disability retirement warrant has been deposited, cashed, or
 3196  received by direct deposit. Upon such cancellation:
 3197         1. The participant’s transfer to the defined benefit
 3198  program under paragraph (i) shall be nullified;
 3199         2. The participant shall be retroactively reinstated in the
 3200  Public Employee Optional Retirement Program without hiatus;
 3201         3. All funds transferred to the Florida Retirement System
 3202  Trust Fund under paragraph (a) must shall be returned to the
 3203  participant accounts from which the such funds were drawn; and
 3204         4. The participant may elect to receive the benefit payable
 3205  under the provisions of subsection (1) in lieu of disability
 3206  benefits as provided under this subsection.
 3207         (k) Recovery from disability.—
 3208         1. The division may require periodic reexaminations at the
 3209  expense of the disability program account of the Florida
 3210  Retirement System Trust Fund. Except as otherwise provided in
 3211  subparagraph 2., the requirements, procedures, and restrictions
 3212  relating to the conduct and review of such reexaminations,
 3213  discontinuation or termination of benefits, reentry into
 3214  employment, disability retirement after reentry into covered
 3215  employment, and all other matters relating to recovery from
 3216  disability shall be the same as are set forth under s.
 3217  121.091(4)(h).
 3218         2. Upon recovery from disability, the any recipient of
 3219  disability retirement benefits under this subsection shall be
 3220  transferred back to a compulsory member of the Public Employee
 3221  Optional Retirement Program of the Florida Retirement System.
 3222  The net difference between the recipient’s original account
 3223  balance transferred to the Florida Retirement System Trust Fund,
 3224  including earnings, under paragraph (a) and total disability
 3225  benefits paid to such recipient, if any, shall be determined as
 3226  provided in sub-subparagraph a.
 3227         a. An amount equal to the total benefits paid shall be
 3228  subtracted from that portion of the transferred account balance
 3229  consisting of vested accumulations as described under s.
 3230  121.4501(6), if any, and an amount equal to the remainder of
 3231  benefit amounts paid, if any, shall then be subtracted from any
 3232  remaining portion consisting of nonvested accumulations as
 3233  described under s. 121.4501(6).
 3234         b. Amounts subtracted under sub-subparagraph a. must shall
 3235  be retained within the disability account of the Florida
 3236  Retirement System Trust Fund. Any remaining account balance
 3237  shall be transferred to the third-party administrator for
 3238  disposition as provided under sub-subparagraph c. or sub
 3239  subparagraph d., as appropriate.
 3240         c. If the recipient returns to covered employment,
 3241  transferred amounts must shall be deposited in individual
 3242  accounts under the Public Employee Optional Retirement Program,
 3243  as directed by the participant. Vested and nonvested amounts
 3244  shall be separately accounted for as provided in s. 121.4501(6).
 3245         d. If the recipient fails to return to covered employment
 3246  upon recovery from disability:
 3247         (I) Any remaining vested amount must shall be deposited in
 3248  individual accounts under the Public Employee Optional
 3249  Retirement Program, as directed by the participant, and shall be
 3250  payable as provided in subsection (1).
 3251         (II) Any remaining nonvested amount must shall be held in a
 3252  suspense account and is shall be forfeitable after 5 years as
 3253  provided in s. 121.4501(6).
 3254         3. If present value was reassigned from the defined benefit
 3255  program to the disability program of the Florida Retirement
 3256  System as provided under subparagraph (a)2., the full present
 3257  value amount must shall be returned to the defined benefit
 3258  account within the Florida Retirement System Trust Fund and the
 3259  recipient’s affected individual’s associated retirement credit
 3260  under the defined benefit program must shall be reinstated in
 3261  full. Any benefit based upon such credit shall be calculated as
 3262  provided in s. 121.091(4)(h)1.
 3263         (l) Nonadmissible causes of disability.—A participant shall
 3264  not be entitled to receive a disability retirement benefit if
 3265  the disability results from any injury or disease sustained or
 3266  inflicted as described in s. 121.091(4)(i).
 3267         (m) Disability retirement of justice or judge by order of
 3268  Supreme Court.—
 3269         1. If a participant is a justice of the Supreme Court,
 3270  judge of a district court of appeal, circuit judge, or judge of
 3271  a county court who has served for 6 years or more as an elected
 3272  constitutional judicial officer, including service as a judicial
 3273  officer in any court abolished pursuant to Art. V of the State
 3274  Constitution, and who is retired for disability by order of the
 3275  Supreme Court upon recommendation of the Judicial Qualifications
 3276  Commission pursuant to s. 12, the provisions of Art. V of the
 3277  State Constitution, the participant’s Option 1 monthly
 3278  disability benefit amount as provided in s. 121.091(6)(a)1.
 3279  shall be two-thirds of his or her monthly compensation as of the
 3280  participant’s disability retirement date. The Such a participant
 3281  may alternatively elect to receive an actuarially adjusted
 3282  disability retirement benefit under any other option as provided
 3283  in s. 121.091(6)(a), or to receive the normal benefit payable
 3284  under the Public Employee Optional Retirement Program as set
 3285  forth in subsection (1).
 3286         2. If any justice or judge who is a participant of the
 3287  Public Employee Optional Retirement Program of the Florida
 3288  Retirement System is retired for disability by order of the
 3289  Supreme Court upon recommendation of the Judicial Qualifications
 3290  Commission pursuant to s. 12, the provisions of Art. V of the
 3291  State Constitution and elects to receive a monthly disability
 3292  benefit under the provisions of this paragraph:
 3293         a. Any present value amount that was transferred to his or
 3294  her program account and all employer contributions made to such
 3295  account on his or her behalf, plus interest and earnings
 3296  thereon, must shall be transferred to and deposited in the
 3297  disability account of the Florida Retirement System Trust Fund;
 3298  and
 3299         b. The monthly benefits payable under this paragraph for
 3300  any affected justice or judge retired from the Florida
 3301  Retirement System pursuant to Art. V of the State Constitution
 3302  shall be paid from the disability account of the Florida
 3303  Retirement System Trust Fund.
 3304         (n) Death of retiree or beneficiary.—Upon the death of a
 3305  disabled retiree or beneficiary of the retiree thereof who is
 3306  receiving monthly disability benefits under this subsection, the
 3307  monthly benefits shall be paid through the last day of the month
 3308  of death and shall terminate, or be adjusted, if applicable, as
 3309  of that date in accordance with the optional form of benefit
 3310  selected at the time of retirement. The department of Management
 3311  Services may adopt rules necessary to administer this paragraph.
 3312         (3) DEATH BENEFITS.—Under the Public Employee Optional
 3313  Retirement Program:
 3314         (a) Survivor benefits are shall be payable in accordance
 3315  with the following terms and conditions:
 3316         1. To the extent vested, Benefits shall be payable only to
 3317  a participant’s beneficiary or beneficiaries as designated by
 3318  the participant as provided in s. 121.4501(20).
 3319         2. Benefits must shall be paid by the third-party
 3320  administrator or designated approved providers in accordance
 3321  with the law, the contracts, and any applicable board rule or
 3322  policy.
 3323         3. To receive benefits under this subsection, The
 3324  participant must be deceased.
 3325         (b) In the event of a participant’s death, all vested
 3326  accumulations as described in s. 121.4501(6), less withholding
 3327  taxes remitted to the Internal Revenue Service, shall be
 3328  distributed, as provided in paragraph (c) or as described in s.
 3329  121.4501(20), as if the participant retired on the date of
 3330  death. No other death benefits are shall be available for
 3331  survivors of participants under the Public Employee Optional
 3332  Retirement Program, except for such benefits, or coverage for
 3333  such benefits, as are otherwise provided by law or are
 3334  separately provided afforded by the employer, at the employer’s
 3335  discretion.
 3336         (c) Upon receipt by the third-party administrator of a
 3337  properly executed application for distribution of benefits, the
 3338  total accumulated benefit is shall be payable by the third-party
 3339  administrator to the participant’s surviving beneficiary or
 3340  beneficiaries, as:
 3341         1. A lump-sum distribution payable to the beneficiary or
 3342  beneficiaries, or to the deceased participant’s estate;
 3343         2. An eligible rollover distribution on behalf of the
 3344  surviving spouse of a deceased participant, whereby all accrued
 3345  benefits, plus interest and investment earnings, are paid from
 3346  the deceased participant’s account directly to the custodian of
 3347  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 3348  the Internal Revenue Code, on behalf of the surviving spouse; or
 3349         3. A partial lump-sum payment whereby a portion of the
 3350  accrued benefit is paid to the deceased participant’s surviving
 3351  spouse or other designated beneficiaries, less withholding taxes
 3352  remitted to the Internal Revenue Service, and the remaining
 3353  amount is transferred directly to the custodian of an eligible
 3354  retirement plan, as described in s. 402(c)(8)(B) of the Internal
 3355  Revenue Code, on behalf of the surviving spouse. The proportions
 3356  must be specified by the participant or the surviving
 3357  beneficiary.
 3358  
 3359  This paragraph does not abrogate other applicable provisions of
 3360  state or federal law providing for payment of death benefits.
 3361         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 3362  any person under the Public Employee Optional Retirement
 3363  Program, and any contributions accumulated under such program,
 3364  are not subject to assignment, execution, attachment, or any
 3365  legal process, except for qualified domestic relations orders by
 3366  a court of competent jurisdiction, income deduction orders as
 3367  provided in s. 61.1301, and federal income tax levies.
 3368         Section 85. Section 121.5911, Florida Statutes, is amended
 3369  to read:
 3370         121.5911 Disability retirement program; qualified status;
 3371  rulemaking authority.—It is the intent of the Legislature that
 3372  the disability retirement program for participants of the Public
 3373  Employee Optional Retirement Program as created in this act must
 3374  meet all applicable requirements of federal law for a qualified
 3375  plan. The department of Management Services shall seek a private
 3376  letter ruling from the Internal Revenue Service on the
 3377  disability retirement program for participants of the Public
 3378  Employee Optional Retirement Program. Consistent with the
 3379  private letter ruling, the department of Management Services
 3380  shall adopt any necessary rules necessary required to maintain
 3381  the qualified status of the disability retirement program and
 3382  the Florida Retirement System defined benefit program plan.
 3383         Section 86. Paragraph (b) of subsection (3) of section
 3384  121.78, Florida Statutes, is amended to read:
 3385         121.78 Payment and distribution of contributions.—
 3386         (3)
 3387         (b) If contributions made by an employer on behalf of
 3388  participants of the optional retirement program or accompanying
 3389  payroll data are not received within the calendar month they are
 3390  due, including, but not limited to, contribution adjustments as
 3391  a result of employer errors or corrections, and if that
 3392  delinquency results in market losses to participants, the
 3393  employer shall reimburse each participant’s account for market
 3394  losses resulting from the late contributions. If a participant
 3395  has terminated employment and taken a distribution, the
 3396  participant is responsible for returning any excess
 3397  contributions erroneously provided by employers, adjusted for
 3398  any investment gain or loss incurred during the period such
 3399  excess contributions were in the participant’s Public Employee
 3400  Optional Retirement Program account. The state board of
 3401  Administration or its designated agent shall communicate to
 3402  terminated participants any obligation to repay such excess
 3403  contribution amounts. However, the state board of
 3404  Administration, its designated agents, the Public Employee
 3405  Optional Retirement Program Trust Fund, the department of
 3406  Management Services, or the Florida Retirement System Trust Fund
 3407  may shall not incur any loss or gain as a result of an
 3408  employer’s correction of such excess contributions. The third
 3409  party administrator, hired by the state board pursuant to s.
 3410  121.4501(8), shall calculate the market losses for each affected
 3411  participant. If When contributions made on behalf of
 3412  participants of the optional retirement program or accompanying
 3413  payroll data are not received within the calendar month due, the
 3414  employer shall also pay the cost of the third-party
 3415  administrator’s calculation and reconciliation adjustments
 3416  resulting from the late contributions. The third-party
 3417  administrator shall notify the employer of the results of the
 3418  calculations and the total amount due from the employer for such
 3419  losses and the costs of calculation and reconciliation. The
 3420  employer shall remit to the division the amount due within 10
 3421  working days after the date of the penalty notice sent by the
 3422  division. The Division of Retirement shall transfer said amount
 3423  to the third-party administrator, which who shall deposit
 3424  proceeds from the 1-percent assessment and from individual
 3425  market losses into participant accounts, as appropriate. The
 3426  state board may is authorized to adopt rules to administer
 3427  implement the provisions regarding late contributions, late
 3428  submission of payroll data, the process for reimbursing
 3429  participant accounts for resultant market losses, and the
 3430  penalties charged to the employers.
 3431         Section 87. Subsection (6) of section 122.02, Florida
 3432  Statutes, is amended to read:
 3433         122.02 Definitions.—The following words and phrases as used
 3434  in this chapter shall have the following meaning unless a
 3435  different meaning is plainly required by the context:
 3436         (6) “Department” means the Department of Personnel
 3437  Management Services.
 3438         Section 88. Section 122.09, Florida Statutes, is amended to
 3439  read:
 3440         122.09 Disability retirement; medical examinations.—An
 3441  Whenever any officer or employee of the state or a county who
 3442  has 10 years of the state has service credit as such officer or
 3443  employee for 10 years within the contemplation of this law, the
 3444  last 5 years of which, except for a single break not to exceed 1
 3445  year, is must be continuous, unbroken service and who is
 3446  regularly contributing to the State and County Officers and
 3447  Employees’ Retirement Trust Fund and who, shall while holding
 3448  such office or employment, becomes become permanently and
 3449  totally disabled, physically or mentally, or both, from
 3450  rendering useful and efficient service as an such officer or
 3451  employee, such officer or employee may retire from his or her
 3452  office or employment, and upon such retirement the officer or
 3453  employee shall be paid, so long as the permanent and total
 3454  disability continues, on his or her own monthly requisition,
 3455  from the State and County Officers and Employees’ Retirement
 3456  Trust Fund hereinafter established, retirement compensation as
 3457  provided in s. 122.08; provided that no officer or employee
 3458  retiring under this section shall receive less than 50 percent
 3459  of his or her average final compensation not to exceed $75. The
 3460  No officer or employee may not of the state and county of the
 3461  state shall be permitted to retire under the provisions of this
 3462  section until examined by a duly qualified physician or surgeon
 3463  or board of physicians and surgeons, to be selected by the
 3464  Governor for that purpose, and found to be disabled in the
 3465  degree and in the manner specified in this section. An Any
 3466  officer or employee retiring under this section must shall be
 3467  reexamined examined periodically by a duly qualified physician
 3468  or surgeon or board of physicians and surgeons to be selected by
 3469  the Governor for that purpose and paid from the retirement trust
 3470  fund herein provided for, at such time as the department directs
 3471  of Management Services shall direct to determine if such total
 3472  disability has continued. If the and in the event it be
 3473  disclosed by said examination that said total disability has
 3474  ceased to exist, the then such officer or employee shall
 3475  forthwith cease to be paid benefits paid under this section must
 3476  cease. Benefits shall be computed in accordance with Reference
 3477  to s. 122.08 is for the purpose of computing benefits only. Any
 3478  person heretofore retired under this section qualifies shall be
 3479  eligible to qualify for the minimum benefits provided herein;
 3480  however, minimum benefits may shall not be paid retroactively.
 3481         Section 89. Section 122.23, Florida Statutes, is amended to
 3482  read:
 3483         122.23 Definitions; ss. 122.21-122.321.—In addition to
 3484  those definitions set forth in s. 122.02 the following words and
 3485  phrases used in ss. 122.21-122.24, 122.26 to 122.321, inclusive,
 3486  have the respective meanings set forth:
 3487         (1) “System” means the general retirement system provided
 3488  by this chapter, with its two divisions.
 3489         (2) “Social security coverage” means old age and survivors
 3490  insurance as provided by the federal Social Security Act.
 3491         (3)“Department” means the Department of Management
 3492  Services.
 3493         (3)(4) “Agreement” means the modification of the that
 3494  certain agreement entered into October 23, 1951, between the
 3495  State of Florida and the Secretary of Health, Education and
 3496  Welfare, pursuant to s. 650.03, which makes available to members
 3497  of division B of this system the provisions of said agreement.
 3498         (4)(5) “State agency” means the department of Management
 3499  Services within the provisions and contemplation of chapter 650.
 3500         Section 90. Subsection (11) of section 122.34, Florida
 3501  Statutes, is amended to read:
 3502         122.34 Special provisions for certain sheriffs and full
 3503  time deputy sheriffs.—
 3504         (11) A No high hazard member may not shall be permitted to
 3505  receive benefits under this section until examined by a duly
 3506  qualified physician or surgeon, or board of physicians and
 3507  surgeons, to be selected by the Governor for that purpose, and
 3508  found to be disabled in the degree and in the manner specified
 3509  in this section. At such time As directed by the department of
 3510  Management Services directs, a any high hazard member receiving
 3511  disability benefits under this section must shall submit to a
 3512  medical examination to determine if such disability has
 3513  continued., and The cost of such examination shall be paid from
 3514  the retirement trust fund herein provided for; and if the in the
 3515  event it is declared by said examination that said disability
 3516  has cleared, the such member shall be ordered to return to
 3517  active duty with the same rank and salary that he or she had at
 3518  the time of disability. Any such member who fails shall fail to
 3519  return to duty forfeits following such order shall forfeit all
 3520  rights and claims under this section law. A Every high hazard
 3521  member retiring under this provision shall be paid so long as
 3522  the member’s permanent total or partial disability continues, on
 3523  his or her own requisition.
 3524         Section 91. Paragraph (a) of subsection (1) and subsection
 3525  (2) of section 145.19, Florida Statutes, are amended to read:
 3526         145.19 Annual percentage increases based on increase for
 3527  state career service employees; limitation.—
 3528         (1) As used in this section, the term:
 3529         (a) “Annual factor” means 1 plus the lesser of:
 3530         1. The average percentage increase in the salaries of state
 3531  career service employees for the current fiscal year as
 3532  determined by the Department of Personnel Management Services or
 3533  as provided in the General Appropriations Act; or
 3534         2. Seven percent.
 3535         (2) Each fiscal year, the salaries of all officials listed
 3536  in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
 3537  The adjusted salary rate is shall be the product, rounded to the
 3538  nearest dollar, of the salary rate granted by the appropriate
 3539  section of this chapter, s. 1001.395, or s. 1001.47 multiplied
 3540  first by the initial factor, then by the cumulative annual
 3541  factor, and finally by the annual factor. The Department of
 3542  Personnel Management Services shall certify the annual factor
 3543  and the cumulative annual factors. Any special qualification
 3544  salary received under this chapter, s. 1001.47, or the annual
 3545  performance salary incentive available to elected
 3546  superintendents under s. 1001.47 shall be added to such adjusted
 3547  salary rate. The special qualification salary is shall be
 3548  $2,000, but shall not exceed $2,000.
 3549         Section 92. Subsection (2) of section 154.04, Florida
 3550  Statutes, is amended to read:
 3551         154.04 Personnel of county health departments; duties;
 3552  compensation.—
 3553         (2) The personnel of the county health department shall be
 3554  employed by the Department of Health. The compensation of such
 3555  personnel shall be determined in accordance with under the rules
 3556  of the Department of Personnel Management Services. Such
 3557  employees shall engage in the prevention of disease and the
 3558  promotion of health under the supervision of the Department of
 3559  Health.
 3560         Section 93. Paragraph (b) of subsection (9) and paragraph
 3561  (a) of subsection (10) of section 163.3184, Florida Statutes,
 3562  are amended to read:
 3563         163.3184 Process for adoption of comprehensive plan or plan
 3564  amendment.—
 3565         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 3566         (b) The hearing shall be conducted by an administrative law
 3567  judge of the Division of Administrative Hearings of the
 3568  Department of Management Services, who shall hold the hearing in
 3569  the county of and convenient to the affected local jurisdiction
 3570  and submit a recommended order to the state land planning
 3571  agency. The state land planning agency shall allow for the
 3572  filing of exceptions to the recommended order and shall issue a
 3573  final order after receipt of the recommended order if the state
 3574  land planning agency determines that the plan or plan amendment
 3575  is in compliance. If the state land planning agency determines
 3576  that the plan or plan amendment is not in compliance, the agency
 3577  shall submit the recommended order to the Administration
 3578  Commission for final agency action.
 3579         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 3580  COMPLIANCE.—
 3581         (a) If the state land planning agency issues a notice of
 3582  intent to find the comprehensive plan or plan amendment not in
 3583  compliance with this act, the notice of intent shall be
 3584  forwarded to the Division of Administrative Hearings of the
 3585  Department of Management Services, which shall conduct a
 3586  proceeding under ss. 120.569 and 120.57 in the county of and
 3587  convenient to the affected local jurisdiction. The parties to
 3588  the proceeding are shall be the state land planning agency, the
 3589  affected local government, and any affected person who
 3590  intervenes. No new issue may be alleged as a reason to find a
 3591  plan or plan amendment not in compliance in an administrative
 3592  pleading filed more than 21 days after publication of notice
 3593  unless the party seeking that issue establishes good cause for
 3594  not alleging the issue within that time period. Good cause does
 3595  shall not include excusable neglect. In the proceeding, the
 3596  local government’s determination that the comprehensive plan or
 3597  plan amendment is in compliance is presumed to be correct. The
 3598  local government’s determination shall be sustained unless it is
 3599  shown by a preponderance of the evidence that the comprehensive
 3600  plan or plan amendment is not in compliance. The local
 3601  government’s determination that elements of its plans are
 3602  related to and consistent with each other shall be sustained if
 3603  the determination is fairly debatable.
 3604         Section 94. Subsection (6) of section 175.032, Florida
 3605  Statutes, is amended to read:
 3606         175.032 Definitions.—For any municipality, special fire
 3607  control district, chapter plan, local law municipality, local
 3608  law special fire control district, or local law plan under this
 3609  chapter, the following words and phrases have the following
 3610  meanings:
 3611         (6) “Division” means the Division of Retirement of the
 3612  Department of Personnel Management Services.
 3613         Section 95. Section 175.1215, Florida Statutes, is amended
 3614  to read:
 3615         175.1215 Police and Firefighters’ Premium Tax Trust Fund.
 3616  The Police and Firefighters’ Premium Tax Trust Fund is created,
 3617  to be administered by the division of Retirement of the
 3618  Department of Management Services. Funds credited to the trust
 3619  fund, as provided in chapter 95-250, Laws of Florida, or similar
 3620  legislation, shall be expended for the purposes set forth in
 3621  that legislation.
 3622         Section 96. Section 175.361, Florida Statutes, is amended
 3623  to read:
 3624         175.361 Termination of plan and distribution of fund.—For
 3625  any municipality, special fire control district, chapter plan,
 3626  local law municipality, local law special fire control district,
 3627  or local law plan under this chapter, the plan may be terminated
 3628  by the municipality or special fire control district. Upon
 3629  termination of the plan by the municipality or special fire
 3630  control district for any reason or because of a transfer,
 3631  merger, or consolidation of governmental units, services, or
 3632  functions as provided in chapter 121, or upon written notice by
 3633  the municipality or special fire control district to the board
 3634  of trustees that contributions under the plan are being
 3635  permanently discontinued, the rights of all employees to
 3636  benefits accrued to the date of such termination and the amounts
 3637  credited to the employees’ accounts are nonforfeitable. The fund
 3638  shall be distributed in accordance with the following
 3639  procedures:
 3640         (1) The board of trustees shall determine the date of
 3641  distribution and the asset value required to fund all the
 3642  nonforfeitable benefits after taking into account the expenses
 3643  of such distribution. The board shall inform the municipality or
 3644  special fire control district if additional assets are required,
 3645  in which event the municipality or special fire control district
 3646  shall continue to financially support the plan until all
 3647  nonforfeitable benefits have been funded.
 3648         (2) The board of trustees shall determine the method of
 3649  distribution of the asset value, whether distribution is shall
 3650  be by payment in cash, by the maintenance of another or
 3651  substituted trust fund, by the purchase of insured annuities, or
 3652  otherwise, for each firefighter entitled to benefits under the
 3653  plan as specified in subsection (3).
 3654         (3) The board of trustees shall distribute the asset value
 3655  as of the date of termination as in the manner set forth in this
 3656  subsection, on the basis that the amount required to provide any
 3657  given retirement income is the actuarially computed single-sum
 3658  value of such retirement income, except that if the method of
 3659  distribution determined under subsection (2) involves the
 3660  purchase of an insured annuity, the amount required to provide
 3661  the given retirement income is the single premium payable for
 3662  such annuity. The actuarial single-sum value may not be less
 3663  than the employee’s accumulated contributions to the plan, with
 3664  interest if provided by the plan, less the value of any plan
 3665  benefits previously paid to the employee.
 3666         (4) If there is asset value remaining after the full
 3667  distribution specified in subsection (3), and after the payment
 3668  of any expenses incurred with such distribution, such excess
 3669  shall be returned to the municipality or special fire control
 3670  district, less the return to the state of the state’s
 3671  contributions., provided that, If the excess is less than the
 3672  total contributions made by the municipality or special fire
 3673  control district and the state to date of termination of the
 3674  plan, such excess shall be divided proportionately to the total
 3675  contributions made by the municipality or special fire control
 3676  district and the state.
 3677         (5) The board of trustees shall distribute, in accordance
 3678  with subsection (2), the amounts determined under subsection
 3679  (3).
 3680         (6) If, after 24 months after the date the plan terminated
 3681  or the date the board received written notice that the
 3682  contributions thereunder were being permanently discontinued,
 3683  the municipality or special fire control district or the board
 3684  of trustees of the firefighters’ pension trust fund affected has
 3685  not complied with all the provisions in this section, the
 3686  Department of Personnel Management Services shall effect the
 3687  termination of the fund in accordance with this section.
 3688         Section 97. Subsection (7) of section 185.02, Florida
 3689  Statutes, is amended to read:
 3690         185.02 Definitions.—For any municipality, chapter plan,
 3691  local law municipality, or local law plan under this chapter,
 3692  the following words and phrases as used in this chapter shall
 3693  have the following meanings, unless a different meaning is
 3694  plainly required by the context:
 3695         (7) “Division” means the Division of Retirement of the
 3696  Department of Personnel Management Services.
 3697         Section 98. Section 185.105, Florida Statutes, is amended
 3698  to read:
 3699         185.105 Police and Firefighters’ Premium Tax Trust Fund.
 3700  The Police and Firefighters’ Premium Tax Trust Fund is the trust
 3701  fund created under s. 175.1215 and is created, to be
 3702  administered by the division of Retirement of the Department of
 3703  Management Services. Funds credited to the trust fund, as
 3704  provided in chapter 95-250, Laws of Florida, or similar
 3705  legislation, shall be expended for the purposes set forth in
 3706  that legislation.
 3707         Section 99. Section 185.37, Florida Statutes, is amended to
 3708  read:
 3709         185.37 Termination of plan and distribution of fund.—For
 3710  any municipality, chapter plan, local law municipality, or local
 3711  law plan under this chapter, the plan may be terminated by the
 3712  municipality. Upon termination of the plan by the municipality
 3713  for any reason, or because of a transfer, merger, or
 3714  consolidation of governmental units, services, or functions as
 3715  provided in chapter 121, or upon written notice to the board of
 3716  trustees by the municipality that contributions under the plan
 3717  are being permanently discontinued, the rights of all employees
 3718  to benefits accrued to the date of such termination or
 3719  discontinuance and the amounts credited to the employees’
 3720  accounts are nonforfeitable. The fund shall be distributed in
 3721  accordance with the following procedures:
 3722         (1) The board of trustees shall determine the date of
 3723  distribution and the asset value required to fund all the
 3724  nonforfeitable benefits, after taking into account the expenses
 3725  of such distribution. The board shall inform the municipality if
 3726  additional assets are required, in which event the municipality
 3727  shall continue to financially support the plan until all
 3728  nonforfeitable benefits have been funded.
 3729         (2) The board of trustees shall determine the method of
 3730  distribution of the asset value, whether distribution is shall
 3731  be by payment in cash, by the maintenance of another or
 3732  substituted trust fund, by the purchase of insured annuities, or
 3733  otherwise, for each police officer entitled to benefits under
 3734  the plan, as specified in subsection (3).
 3735         (3) The board of trustees shall distribute the asset value
 3736  as of the date of termination in the manner set forth in this
 3737  subsection, on the basis that the amount required to provide any
 3738  given retirement income is the actuarially computed single-sum
 3739  value of such retirement income, except that if the method of
 3740  distribution determined under subsection (2) involves the
 3741  purchase of an insured annuity, the amount required to provide
 3742  the given retirement income is the single premium payable for
 3743  such annuity. The actuarial single-sum value may not be less
 3744  than the employee’s accumulated contributions to the plan, with
 3745  interest if provided by the plan, less the value of any plan
 3746  benefits previously paid to the employee.
 3747         (4) If there is asset value remaining after the full
 3748  distribution specified in subsection (3), and after payment of
 3749  any expenses incurred with such distribution, such excess shall
 3750  be returned to the municipality, less the return to the state of
 3751  the state’s contributions., provided that, If the excess is less
 3752  than the total contributions made by the municipality and the
 3753  state to date of termination of the plan, such excess shall be
 3754  divided proportionately to the total contributions made by the
 3755  municipality and the state.
 3756         (5) The board of trustees shall distribute, in accordance
 3757  with the manner of distribution determined under subsection (2),
 3758  the amounts determined under subsection (3).
 3759         (6) If, after 24 months after the date the plan terminated
 3760  or the date the board received written notice that the
 3761  contributions thereunder were being permanently discontinued,
 3762  the municipality or the board of trustees of the municipal
 3763  police officers’ retirement trust fund affected has not complied
 3764  with all the provisions in this section, the Department of
 3765  Management Services shall effect the termination of the fund in
 3766  accordance with this section.
 3767         Section 100. Subsection (5) of section 189.4035, Florida
 3768  Statutes, is amended to read:
 3769         189.4035 Preparation of official list of special
 3770  districts.—
 3771         (5) The official list of special districts shall be
 3772  distributed by the department on October 1 of each year to the
 3773  President of the Senate, the Speaker of the House of
 3774  Representatives, the Auditor General, the Department of Revenue,
 3775  the Department of Financial Services, the Department of Pesonnel
 3776  Management Services, the State Board of Administration,
 3777  counties, municipalities, county property appraisers, tax
 3778  collectors, and supervisors of elections and to all interested
 3779  parties who request the list.
 3780         Section 101. Subsection (1) of section 189.412, Florida
 3781  Statutes, is amended to read:
 3782         189.412 Special District Information Program; duties and
 3783  responsibilities.—The Special District Information Program of
 3784  the Department of Community Affairs is created and has the
 3785  following special duties:
 3786         (1) The collection and maintenance of special district
 3787  noncompliance status reports from the Department of Personnel
 3788  Management Services, the Department of Financial Services, the
 3789  Division of Bond Finance of the State Board of Administration,
 3790  and the Auditor General for the reporting required in ss.
 3791  112.63, 218.32, 218.38, and 218.39. The noncompliance reports
 3792  must list those special districts that did not comply with the
 3793  statutory reporting requirements.
 3794         Section 102. Subsection (1) of section 210.20, Florida
 3795  Statutes, is amended to read:
 3796         210.20 Employees and assistants; distribution of funds.—
 3797         (1) The division under the applicable rules of the
 3798  Department of Personnel Management may Services shall have the
 3799  power to employ such employees and assistants and incur such
 3800  other expenses as may be necessary for the administration of
 3801  this part, within the limits of an appropriation for the
 3802  operation of the Department of Business and Professional
 3803  Regulation as may be authorized by the General Appropriations
 3804  Act.
 3805         Section 103. Subsection (1) of section 210.75, Florida
 3806  Statutes, is amended to read:
 3807         210.75 Administration.—
 3808         (1) The division, under the applicable rules of the
 3809  Department of Personnel Management may Services, shall have the
 3810  power to employ such employees and assistants and to incur such
 3811  other expenses as may be necessary for the administration of
 3812  this part within the limits of an appropriation for the
 3813  operation of the Department of Business and Professional
 3814  Regulation as may be authorized by the General Appropriations
 3815  Act.
 3816         Section 104. Paragraph (r) of subsection (8) of section
 3817  213.053, Florida Statutes, is amended to read:
 3818         213.053 Confidentiality and information sharing.—
 3819         (8) Notwithstanding any other provision of this section,
 3820  the department may provide:
 3821         (r) Information relative to the returns required by ss.
 3822  175.111 and 185.09 to the Department of Personnel Management
 3823  Services in the conduct of its official duties. The Department
 3824  of Personnel Management may Services is, in turn, authorized to
 3825  disclose payment information to a governmental agency or the
 3826  agency’s agent for purposes related to budget preparation,
 3827  auditing, revenue or financial administration, or administration
 3828  of chapters 175 and 185.
 3829  
 3830  Disclosure of information under this subsection shall be
 3831  pursuant to a written agreement between the executive director
 3832  and the agency. Such agencies, governmental or nongovernmental,
 3833  shall be bound by the same requirements of confidentiality as
 3834  the Department of Revenue. Breach of confidentiality is a
 3835  misdemeanor of the first degree, punishable as provided by s.
 3836  775.082 or s. 775.083.
 3837         Section 105. Subsection (1) of section 215.196, Florida
 3838  Statutes, is amended to read:
 3839         215.196 Architects Incidental Trust Fund; creation;
 3840  assessment.—
 3841         (1) There is created The Architects Incidental Trust Fund
 3842  is created for the purpose of providing sufficient funds for the
 3843  operation of the facilities development activities of the
 3844  Department of Environmental Protection Management Services.
 3845         Section 106. Paragraph (p) of subsection (1) of section
 3846  215.22, Florida Statutes, is amended to read:
 3847         215.22 Certain income and certain trust funds exempt.—
 3848         (1) The following income of a revenue nature or the
 3849  following trust funds shall be exempt from the appropriation
 3850  required by s. 215.20(1):
 3851         (p) The Communications Working Capital Trust Fund of the
 3852  Agency for Enterprise Information Technology Department of
 3853  Management Services.
 3854         Section 107. Subsection (3) of section 215.28, Florida
 3855  Statutes, is amended to read:
 3856         215.28 United States securities, purchase by state and
 3857  county officers and employees; deductions from salary.—
 3858         (3) All deductions so made by a any such disbursing
 3859  authority shall be deposited in a trust account separate and
 3860  apart from the funds of the state, county, or subordinate
 3861  agency. Such account is will be subject to withdrawal only for
 3862  the purchase of United States securities on behalf of officers
 3863  and employees, or for refunds to such persons in accordance with
 3864  the provisions of this section law. If Whenever the sum of
 3865  $18.75 or the purchase price of the security requested to be
 3866  purchased is accumulated from deductions so made from the
 3867  salaries or wages of an officer or employee, the such disbursing
 3868  agent shall arrange the purchase of the bond or security applied
 3869  for and have it registered in the name or names requested in the
 3870  deduction authorization. Securities so purchased must will be
 3871  delivered in a such manner that is as may be convenient for the
 3872  issuing agent and the purchaser. Any interest earned on moneys
 3873  in such account while awaiting the accumulation of the purchase
 3874  price of the security shall be transferred to the Florida
 3875  Retirement System Trust Fund as reimbursement for administrative
 3876  costs incurred by the Department of Personnel Management
 3877  Services under this section.
 3878         Section 108. Subsection (6) of section 215.422, Florida
 3879  Statutes, is amended to read:
 3880         215.422 Payments, warrants, and invoices; processing time
 3881  limits; dispute resolution; agency or judicial branch
 3882  compliance.—
 3883         (6) The Department of Financial Services shall monitor each
 3884  agency’s and the judicial branch’s compliance with the time
 3885  limits and interest penalty provisions of this section. The
 3886  department shall provide a report to an agency or to the
 3887  judicial branch if the department determines that the agency or
 3888  the judicial branch has failed to maintain an acceptable rate of
 3889  compliance with the time limits and interest penalty provisions
 3890  of this section. The department shall establish criteria for
 3891  determining acceptable rates of compliance. The report must
 3892  shall also include a list of late invoices or payments, the
 3893  amount of interest owed or paid, and any corrective actions
 3894  recommended. The department shall perform monitoring
 3895  responsibilities, pursuant to this section, using the Department
 3896  of Financial Services’ financial systems provided in s. 215.94.
 3897  Each agency and the judicial branch shall be responsible for the
 3898  accuracy of information entered into the Department of
 3899  Management Services’ procurement system and the department’s
 3900  Department of Financial Services’ financial systems for use in
 3901  this monitoring.
 3902         Section 109. Section 215.425, Florida Statutes, is amended
 3903  to read:
 3904         215.425 Extra compensation claims prohibited.—No Extra
 3905  compensation may not be paid shall be made to any officer,
 3906  agent, employee, or contractor after the service has been
 3907  rendered or the contract made; nor shall any money be
 3908  appropriated or paid on any claim the subject matter of which
 3909  has not been provided for by preexisting laws, unless such
 3910  compensation or claim is allowed by a law enacted by two-thirds
 3911  of the members elected to each house of the Legislature.
 3912  However, when adopting salary schedules for a fiscal year, a
 3913  district school board or community college district board of
 3914  trustees may apply the schedule for payment of all services
 3915  rendered after subsequent to July 1 of that fiscal year. The
 3916  provisions of this section do not apply to extra compensation
 3917  given to state employees who are included within the senior
 3918  management group pursuant to rules adopted by the Department of
 3919  Personnel Management Services; to extra compensation given to
 3920  county, municipal, or special district employees pursuant to
 3921  policies adopted by county or municipal ordinances or
 3922  resolutions of governing boards of special districts or to
 3923  employees of the clerk of the circuit court pursuant to written
 3924  policy of the clerk; or to a clothing and maintenance allowance
 3925  given to plainclothes deputies pursuant to s. 30.49.
 3926         Section 110. Paragraph (g) of subsection (1) of section
 3927  215.47, Florida Statutes, is amended to read:
 3928         215.47 Investments; authorized securities; loan of
 3929  securities.—Subject to the limitations and conditions of the
 3930  State Constitution or of the trust agreement relating to a trust
 3931  fund, moneys available for investments under ss. 215.44-215.53
 3932  may be invested as follows:
 3933         (1) Without limitation in:
 3934         (g) Bonds issued by the Florida State Improvement
 3935  Commission, Florida Development Commission, Division of Bond
 3936  Finance of the Department of General Services, or Division of
 3937  Bond Finance of the State Board of Administration.
 3938         Section 111. Subsection (3) of section 215.50, Florida
 3939  Statutes, is amended to read:
 3940         215.50 Custody of securities purchased; income.—
 3941         (3) The Chief Financial Officer, as custodian of securities
 3942  owned by the Florida Retirement System Trust Fund and the
 3943  Florida Survivor Benefit Trust Fund, shall collect the interest,
 3944  dividends, prepayments, maturities, proceeds from sales, and
 3945  other income accruing from such assets. As such income is
 3946  collected by the Chief Financial Officer, it shall be deposited
 3947  directly into a commercial bank to the credit of the State Board
 3948  of Administration. The Such bank accounts as may be required for
 3949  this purpose shall offer satisfactory collateral security as
 3950  provided by chapter 280. If the In the event funds so deposited
 3951  according to the provisions of this section are required to pay
 3952  for the purpose of paying benefits or other operational needs,
 3953  the State Board of Administration shall remit to the Florida
 3954  Retirement System Trust Fund in the State Treasury such amounts
 3955  as may be requested by the Department of Personnel Management
 3956  Services.
 3957         Section 112. Subsections (4) and (5) of section 215.94,
 3958  Florida Statutes, are amended to read:
 3959         215.94 Designation, duties, and responsibilities of
 3960  functional owners.—
 3961         (4) The Department of Financial Management Services is
 3962  shall be the functional owner of the Purchasing Subsystem. The
 3963  department shall design, implement, and operate the subsystem in
 3964  accordance with the provisions of ss. 215.90-215.96. The
 3965  subsystem includes shall include, but is shall not be limited
 3966  to, functions for commodity and service procurement.
 3967         (5) The Department of Personnel Management is Services
 3968  shall be the functional owner of the Personnel Information
 3969  System. The department shall ensure that the system is designed,
 3970  implemented, and operated in accordance with the provisions of
 3971  ss. 110.116 and 215.90-215.96. The department may contract with
 3972  a vendor to provide the system and services required of the
 3973  Personnel Information system. The subsystem includes shall
 3974  include, but is shall not be limited to, functions for:
 3975         (a) Maintenance of employee and position data, including
 3976  funding sources and percentages and salary lapse. The employee
 3977  data includes shall include, but is not be limited to,
 3978  information to meet the payroll system requirements of the
 3979  Department of Financial Services and to meet the employee
 3980  benefit system requirements of the Department of Personnel
 3981  Management Services.
 3982         (b) Recruitment and selection.
 3983         (c) Time and leave reporting.
 3984         (d) Collective bargaining.
 3985         Section 113. Subsection (2) of section 215.96, Florida
 3986  Statutes, is amended to read:
 3987         215.96 Coordinating council and design and coordination
 3988  staff.—
 3989         (2) The coordinating council shall consist of the Chief
 3990  Financial Officer; the Commissioner of Agriculture; the
 3991  executive director secretary of the Department of Personnel
 3992  Management Services; the Attorney General; and the Director of
 3993  Planning and Budgeting, Executive Office of the Governor, or
 3994  their designees. The Chief Financial Officer, or a his or her
 3995  designee, shall be the chair of the coordinating council, and
 3996  the design and coordination staff shall provide administrative
 3997  and clerical support to the council and the board. The design
 3998  and coordination staff shall maintain the minutes of each
 3999  meeting and shall make such minutes available to any interested
 4000  person. The Auditor General, the State Courts Administrator, an
 4001  executive officer of the Florida Association of State Agency
 4002  Administrative Services Directors, and an executive officer of
 4003  the Florida Association of State Budget Officers, or their
 4004  designees, shall serve without voting rights as ex officio
 4005  members on the coordinating council. The chair may call meetings
 4006  of the coordinating council as often as necessary to transact
 4007  business; however, the coordinating council must shall meet at
 4008  least once a year. Action of the coordinating council shall be
 4009  by motion, duly made, seconded and passed by a majority of the
 4010  coordinating council voting in the affirmative for approval of
 4011  items that are to be recommended for approval to the Financial
 4012  Management Information Board.
 4013         Section 114. Section 216.0152, Florida Statutes, is amended
 4014  to read:
 4015         216.0152 Inventory of state-owned facilities or state
 4016  occupied facilities.—
 4017         (1) The Department of Environmental Protection Management
 4018  Services shall develop and maintain an automated inventory of
 4019  all facilities owned, leased, rented, or otherwise occupied or
 4020  maintained by any state agency of the state or by the judicial
 4021  branch, except those with less than 3,000 square feet. The
 4022  inventory must shall include the location, occupying agency,
 4023  ownership, size, condition assessment, maintenance record, age,
 4024  parking and employee facilities, and other information as
 4025  required by the department for determining maintenance needs and
 4026  life-cycle cost evaluations of the facility. The inventory need
 4027  not include a condition assessment or maintenance record of
 4028  facilities not owned by a state agency or by the judicial
 4029  branch. The term “facility,” as used in this section, means
 4030  buildings, structures, and building systems, but does not
 4031  include transportation facilities of the state transportation
 4032  system. The Department of Transportation shall develop and
 4033  maintain an inventory of transportation facilities of the state
 4034  transportation system. The Board of Governors of the State
 4035  University System and the Department of Education, respectively,
 4036  shall develop and maintain an inventory, in the manner
 4037  prescribed by the Department of Environmental Protection
 4038  Management Services, of all state university and community
 4039  college facilities and shall make the data available in a format
 4040  acceptable to the Department of Environmental Protection
 4041  Management Services.
 4042         (2) The Department of Environmental Protection Management
 4043  Services shall update its inventory and cause to be updated the
 4044  other inventories required by subsection (1) to be updated at
 4045  least once every 5 years. However, but the inventories must
 4046  shall record acquisitions of new facilities and significant
 4047  changes in existing facilities as they occur. The department of
 4048  Management Services shall provide each state agency and the
 4049  judicial branch with the most recent inventory applicable to
 4050  that agency or to the judicial branch. Each state agency and the
 4051  judicial branch shall, in the manner prescribed by the
 4052  department of Management Services, report significant changes in
 4053  the inventory as they occur. Items relating to the condition and
 4054  life-cycle cost of a facility must shall be updated at least
 4055  every 5 years.
 4056         (3) The Department of Environmental Protection Management
 4057  Services shall, every 3 years, publish a complete report
 4058  detailing this inventory and shall publish an annual update of
 4059  the report. The department shall furnish the updated report to
 4060  the Executive Office of the Governor and the Legislature by no
 4061  later than September 15 of each year.
 4062         Section 115. Subsection (1) of section 216.016, Florida
 4063  Statutes, is amended to read:
 4064         216.016 Evaluation of plans; determination of financing
 4065  method.—
 4066         (1) Pursuant to the requirements of s. 216.044, the
 4067  Department of Environmental Protection Management Services shall
 4068  evaluate state agency plans and plans of the judicial branch.
 4069         Section 116. Paragraph (a) of subsection (4) of section
 4070  216.023, Florida Statutes, is amended to read:
 4071         216.023 Legislative budget requests to be furnished to
 4072  Legislature by agencies.—
 4073         (4)(a) The legislative budget request must include contain
 4074  for each program:
 4075         1. The constitutional or statutory authority for a program,
 4076  a brief purpose statement, and approved program components.
 4077         2. Information on expenditures for 3 fiscal years by
 4078  appropriation category, which includes (actual prior-year
 4079  expenditures, current-year estimated expenditures, and agency
 4080  budget requested expenditures for the next fiscal year) by
 4081  appropriation category.
 4082         3. Details on trust funds and fees.
 4083         4. The total number of positions, including (authorized,
 4084  fixed, and requested).
 4085         5. An issue narrative describing and justifying changes in
 4086  amounts and positions requested for current and proposed
 4087  programs for the next fiscal year.
 4088         6. Information resource requests.
 4089         7. Supporting information, including applicable cost
 4090  benefit analyses, business case analyses, performance
 4091  contracting procedures, service comparisons, and impacts on
 4092  performance standards for any request to outsource or privatize
 4093  agency functions. The cost-benefit and business case analyses
 4094  must include an assessment of the impact on each affected
 4095  activity from those identified in accordance with paragraph (b).
 4096  Performance standards must include standards for each affected
 4097  activity and be expressed in terms of the associated unit of
 4098  activity.
 4099         8. An evaluation of any major outsourcing and privatization
 4100  initiatives undertaken during the last 5 fiscal years having
 4101  aggregate expenditures exceeding $10 million during the term of
 4102  the contract. The evaluation must shall include an assessment of
 4103  contractor performance, a comparison of anticipated service
 4104  levels to actual service levels, and a comparison of estimated
 4105  savings to actual savings achieved. Consolidated reports issued
 4106  by the Department of Financial Management Services may be used
 4107  to satisfy this requirement.
 4108         9. Supporting information for any proposed consolidated
 4109  financing of deferred-payment commodity contracts including
 4110  guaranteed energy performance savings contracts. Supporting
 4111  information must also include narrative describing and
 4112  justifying the need, baseline for current costs, estimated cost
 4113  savings, projected equipment purchases, estimated contract
 4114  costs, and return on investment calculation.
 4115         10. For projects that exceed $10 million in total cost, the
 4116  statutory reference of the existing policy or the proposed
 4117  substantive policy that establishes and defines the project’s
 4118  governance structure, planned scope, main business objectives
 4119  that must be achieved, and estimated completion timeframes.
 4120  Information technology budget requests for the continuance of
 4121  existing hardware and software maintenance agreements, renewal
 4122  of existing software licensing agreements, or the replacement of
 4123  desktop units with new technology that is similar to the
 4124  technology currently in use are exempt from this requirement.
 4125         Section 117. Section 216.044, Florida Statutes, is amended
 4126  to read:
 4127         216.044 Budget evaluation by Department of Management
 4128  Services.—
 4129         (1) Any state agency or judicial branch entity requesting a
 4130  fixed capital outlay project to be managed by the Department of
 4131  Environmental Protection Management Services shall consult with
 4132  that department during the budget development process. The
 4133  department of Management Services shall provide recommendations
 4134  regarding construction requirements, cost of the project, and
 4135  project alternatives to be incorporated in the agency’s or
 4136  entity’s proposed fixed capital outlay budget request and
 4137  narrative justification.
 4138         (2) Concurrently with the submission of the fixed capital
 4139  outlay legislative budget request to the Executive Office of the
 4140  Governor or to the Chief Justice of the Supreme Court, the
 4141  agency or judicial branch shall submit a copy of the legislative
 4142  budget request to the Department of Environmental Protection
 4143  Management Services for evaluation.
 4144         (3) The Department of Environmental Protection Management
 4145  Services shall advise the Executive Office of the Governor, the
 4146  Chief Justice, and the Legislature regarding alternatives to the
 4147  proposed fixed capital outlay project and make recommendations
 4148  relating to the construction requirements and cost of the
 4149  project. These recommendations shall be provided to the
 4150  Legislature and Executive Office of the Governor at a time
 4151  specified by the Governor, but at least not less than 90 days
 4152  before prior to the regular session of the Legislature. When
 4153  evaluating alternatives, the department of Management Services
 4154  shall include information as to whether it would be more cost
 4155  efficient to lease private property or facilities, to construct
 4156  facilities on property presently owned by the state, or to
 4157  acquire property on which to construct the facilities. In
 4158  determining the cost to the state of constructing facilities on
 4159  property presently owned by the state or the cost of acquiring
 4160  property on which to construct facilities, the department of
 4161  Management Services shall include the costs that which would be
 4162  incurred by a private person in acquiring the property and
 4163  constructing the facilities, including, but not limited to,
 4164  taxes and return on investment.
 4165         Section 118. Paragraph (c) of subsection (2) of section
 4166  216.163, Florida Statutes, is amended to read:
 4167         216.163 Governor’s recommended budget; form and content;
 4168  declaration of collective bargaining impasses.—
 4169         (2) The Governor’s recommended budget shall also include:
 4170         (c) The evaluation of the fixed capital outlay request of
 4171  each agency and the judicial branch and alternatives to the
 4172  proposed projects as made by the Department of Environmental
 4173  Protection Management Services pursuant to s. 216.044.
 4174         Section 119. Section 216.237, Florida Statutes, is amended
 4175  to read:
 4176         216.237 Availability of any remaining funds; agency
 4177  maintenance of accounting records.—Any funds remaining funds
 4178  from the General Revenue Fund and trust fund spending authority
 4179  not awarded to agencies pursuant to s. 216.236 shall be made
 4180  available to agencies for innovative projects that which
 4181  generate a cost savings, increase revenue, or improve service
 4182  delivery. Innovative projects that which generate a cost savings
 4183  shall receive greater consideration when awarding innovation
 4184  investment funds. Any trust fund authority granted under this
 4185  program must be used shall be utilized in a manner that is
 4186  consistent with the statutory authority for the use of the said
 4187  trust fund. Any savings realized as a result of implementing the
 4188  innovative project must shall be used by the agency to establish
 4189  an internal innovations fund. State agencies that which are
 4190  awarded funds for innovative projects shall use utilize the
 4191  chart of accounts used by the Florida Accounting Information
 4192  Resource Subsystem in the manner described in s. 215.93(3). The
 4193  Such chart of accounts shall be developed and amended in
 4194  consultation with the Department of Financial Services and the
 4195  Executive Office of the Governor to separate and account for the
 4196  savings that result from the implementation of the innovative
 4197  projects and to keep track of how the innovative funds are
 4198  reinvested by the state agency to fund additional innovative
 4199  projects, which may include, but are not be limited to,
 4200  expenditures for training and information technology resources.
 4201  Guidelines for the establishment of such internal innovations
 4202  fund shall be provided by the Department of Financial Management
 4203  Services. Any agency awarded funds under this section must shall
 4204  maintain detailed accounting records showing all expenses, loan
 4205  transfers, savings, or other financial actions concerning the
 4206  project. Any savings realized as a result of implementing the
 4207  innovative project must shall be quantified, validated, and
 4208  verified by the agency. A final report of the results of the
 4209  implementation of each innovative project must shall be
 4210  submitted by each participating agency to the Governor’s Office
 4211  of Policy and Budget Planning and Budgeting and the legislative
 4212  appropriations committees by June 30 of the fiscal year in which
 4213  the funds were received and ensuing fiscal years for the life of
 4214  the project.
 4215         Section 120. Section 216.238, Florida Statutes, is amended
 4216  to read:
 4217         216.238 Rules Authority given to carry out provisions of
 4218  program.—The Department of Financial Management Services shall,
 4219  in accordance with chapter 120, adopt, promulgate, amend, or
 4220  rescind such rules as it deems necessary and administratively
 4221  feasible to administer carry out the provisions of the
 4222  Innovation Investment Program.
 4223         Section 121. Paragraphs (d), (e), (f), and (g) of
 4224  subsection (1) and subsection (3) of section 216.262, Florida
 4225  Statutes, are amended to read:
 4226         216.262 Authorized positions.—
 4227         (1)
 4228         (d) An individual employed by a state agency or by the
 4229  judicial branch may not hold more than one employment during his
 4230  or her normal working hours with the state, such working hours
 4231  to be determined by the head of the state agency affected,
 4232  unless approved by the Department of Personnel Management
 4233  Services, or otherwise delegated to the agency head, or by the
 4234  Chief Justice of the Supreme Court, respectively.
 4235         (e) An individual employed by a state agency or by the
 4236  judicial branch may not fill more than a total of one full-time
 4237  equivalent established position, receive compensation
 4238  simultaneously from any appropriation other than appropriations
 4239  for salaries, or receive compensation simultaneously from more
 4240  than one state agency unless approved by the Department of
 4241  Personnel Management Services, or otherwise delegated to the
 4242  agency head, or by the Chief Justice, respectively, during each
 4243  fiscal year. The department of Management Services may adopt
 4244  uniform rules applicable to the executive branch agencies to
 4245  implement its responsibilities under this paragraph.
 4246         (f) Perquisites may not be furnished by a state agency or
 4247  by the judicial branch unless approved by the Department of
 4248  Personnel Management Services, or otherwise delegated to the
 4249  agency head, or by the Chief Justice, respectively, during each
 4250  fiscal year. If Whenever a state agency or the judicial branch
 4251  is to furnish perquisites, the department of Management Services
 4252  or the agency head to which the approval has been delegated or
 4253  the Chief Justice, respectively, must approve the kind and
 4254  monetary value of such perquisites before they are may be
 4255  furnished. Perquisites may be furnished only if when in the best
 4256  interest of the state due to the exceptional or unique
 4257  requirements of the position. The value of a perquisite may not
 4258  be used to compute an employee’s base rate of pay or regular
 4259  rate of pay unless required by the Fair Labor Standards Act.
 4260  Permissible perquisites include, but are not limited to, moving
 4261  expenses, clothing, use of vehicles and other transportation,
 4262  domestic services, groundskeeping services, telephone services,
 4263  medical services, housing, utilities, and meals. The Department
 4264  of Personnel Management Services may adopt uniform rules
 4265  applicable to the executive branch agencies to implement its
 4266  responsibilities under this paragraph, which rules may specify
 4267  additional perquisites, establish additional criteria for each
 4268  kind of perquisite, provide the procedure to be used by
 4269  executive agencies in applying for approvals, and establish the
 4270  required justification. As used in this section, the term
 4271  “perquisites” means those things, or the use thereof, or
 4272  services of a kind that confer on the officers or employees
 4273  receiving them some benefit that is in the nature of additional
 4274  compensation, or that reduce to some extent the normal personal
 4275  expenses of the officer or employee receiving them. The term
 4276  includes, but is not limited to, such things as quarters,
 4277  subsistence, utilities, laundry services, medical service, use
 4278  of state-owned vehicles for other than state purposes, and
 4279  servants paid by the state.
 4280         (g) If goods and services are to be sold to officers and
 4281  employees of a state agency or of the judicial branch rather
 4282  than being furnished as perquisites, the kind and selling price
 4283  must thereof shall be approved by the Department of Personnel
 4284  Management Services, unless otherwise delegated to the agency
 4285  head, or by the Chief Justice, respectively, during each fiscal
 4286  year before such sales are made. The selling price may be
 4287  deducted from any amounts due by the state to the any person
 4288  receiving such things. The amount of cash so deducted must shall
 4289  be faithfully accounted for. This paragraph does not apply to
 4290  sales to officers or employees of items generally sold to the
 4291  public and does not apply to meals that which may be provided
 4292  without charge to volunteers under a volunteer service program
 4293  approved by the Department of Personnel Management Services. The
 4294  goods and services may include, but are not limited to, medical
 4295  services, long-term and short-term rental housing, and laundry
 4296  and transportation services. The department of Management
 4297  Services may adopt uniform rules applicable to the executive
 4298  branch agencies to implement its responsibilities under this
 4299  paragraph, which rules may specify other items that may be
 4300  approved, the required justification for proposed sales, and the
 4301  manner in which agencies are required to will apply for
 4302  approvals.
 4303         (3) A No full-time position may not shall be filled by more
 4304  than the equivalent of one full-time officer or employee, except
 4305  when extenuating circumstances exist. Extenuating circumstances
 4306  must will be provided for in rules to be adopted by the
 4307  Department of Personnel Management Services or by the Chief
 4308  Justice, respectively.
 4309         Section 122. Paragraph (c) of subsection (6) of section
 4310  216.292, Florida Statutes, is amended to read:
 4311         216.292 Appropriations nontransferable; exceptions.—
 4312         (6) The Chief Financial Officer shall transfer from any
 4313  available funds of an agency or the judicial branch the
 4314  following amounts and shall report all such transfers and the
 4315  reasons therefor to the legislative appropriations committees
 4316  and the Executive Office of the Governor:
 4317         (c) The amount due to the Communications Working Capital
 4318  Trust Fund from moneys appropriated in the General
 4319  Appropriations Act for the purpose of paying for services
 4320  provided by the state communications system in the Agency for
 4321  Enterprise Information Technology Department of Management
 4322  Services which is unpaid 45 days after the billing date. The
 4323  amount transferred shall be the amount that billed by the
 4324  department.
 4325         Section 123. Section 217.02, Florida Statutes, is amended
 4326  to read:
 4327         217.02 Definitions.—As used in this chapter act, the term:
 4328         (1) “Department” means the Department of Financial
 4329  Management Services.
 4330         (2) “Surplus property” means any federal property that
 4331  which has been declared excess by a federal agency, including
 4332  the Department of Defense, and made available for procurement
 4333  and distribution in the state in compliance with the Federal
 4334  Property and Administrative Services Act of 1949, and subsequent
 4335  amendments thereto, or any other federal law provided for the
 4336  procurement and distribution of federal excess and surplus
 4337  property.
 4338         Section 124. Section 217.04, Florida Statutes, is amended
 4339  to read:
 4340         217.04 Negotiation Department of Management Services as
 4341  state agency to negotiate with federal agency.—The department of
 4342  Management Services is designated the official agency of the
 4343  state to negotiate with any federal agency in accordance and
 4344  compliance with the Federal Property and Administrative Services
 4345  Act of 1949 and subsequent amendments thereto, and any other
 4346  federal law or regulation providing for the procurement and
 4347  distribution of federal surplus personal property.
 4348         Section 125. Section 217.045, Florida Statutes, is amended
 4349  to read:
 4350         217.045 Department of Management Services; Assistance to
 4351  state agencies.—The department of Management Services may follow
 4352  whatever procedure is considered necessary to enable state
 4353  agencies to take advantage of surplus property allocated to the
 4354  state by the Federal Government or by its disposal agencies.
 4355         Section 126. Subsections (2), (3), (11), and (13) of
 4356  section 238.01, Florida Statutes, are amended to read:
 4357         238.01 Definitions.—The following words and phrases as used
 4358  in this chapter shall have the following meanings unless a
 4359  different meaning is plainly required by the context:
 4360         (2) “Department” means the Department of Personnel
 4361  Management Services.
 4362         (3) “Teacher” means any member of the teaching or
 4363  professional staff and any certificated employee of any public
 4364  free school, of any district school system and career center,
 4365  any member of the teaching or professional staff of the Florida
 4366  School for the Deaf and Blind, child training schools of the
 4367  Department of Juvenile Justice, the Department of Corrections,
 4368  and any tax-supported institution of higher learning of the
 4369  state, and any member and any certified employee of the
 4370  Department of Education, any certified employee of the
 4371  retirement system, any full-time employee of any nonprofit
 4372  professional association or corporation of teachers functioning
 4373  in Florida on a statewide basis, which seeks to protect and
 4374  improve public school opportunities for children and advance the
 4375  professional and welfare status of its members, any person now
 4376  serving as superintendent, or who was serving as county
 4377  superintendent of public instruction on July 1, 1939, and any
 4378  hereafter duly elected or appointed superintendent, who holds a
 4379  valid Florida teachers’ certificate. In all cases of doubt the
 4380  department of Management Services shall determine whether a any
 4381  person is a teacher as defined herein.
 4382         (11) “Regular interest” means interest at such rate as may
 4383  be set from time to time by the department of Management
 4384  Services.
 4385         (13) “Earnable compensation” means the full compensation
 4386  payable to a teacher working the full working time for his or
 4387  her position. With In respect to plans A, B, C, and D only, if
 4388  the in cases where compensation includes maintenance, the
 4389  department of Management Services shall fix the value of that
 4390  part of the compensation not paid in money if; provided that all
 4391  members as of shall from July 1, 1955, make contributions to the
 4392  retirement system on the basis of earnable compensation, as
 4393  defined herein and all persons who are members on July 1, 1955,
 4394  may, upon application, have their “earnable compensation” for
 4395  the time during which they have been members prior to that date
 4396  determined on the basis of “earnable compensation” as defined in
 4397  this law, upon paying to the retirement system, on or before the
 4398  date of retirement, a sum equal to the additional contribution
 4399  with accumulated regular interest thereon they would have made
 4400  if “earnable compensation” had been defined, at the time they
 4401  became members, as it is now defined. However, earnable
 4402  compensation for all plan years beginning on or after July 1,
 4403  1990, may shall not include any amounts in excess of the
 4404  compensation limitation (originally $200,000) established by s.
 4405  401(a)(17) of the Internal Revenue Code prior to the Omnibus
 4406  Budget Reconciliation Act of 1993, which limitation shall be
 4407  adjusted for changes in the cost of living since 1989, as in the
 4408  manner provided by s. 401(a)(17) of the Internal Revenue Code of
 4409  1991. This limitation, which has been part of the Teachers’
 4410  Retirement System since plan years beginning on or after July 1,
 4411  1990, must shall be adjusted as required by federal law for
 4412  qualified government plans.
 4413         Section 127. Section 238.02, Florida Statutes, is amended
 4414  to read:
 4415         238.02 Name and date of Establishment.—A retirement system
 4416  is established and placed under the management of the department
 4417  of Management Services for the purpose of providing retirement
 4418  allowances and other benefits for teachers of the state. The
 4419  retirement system shall have begin operations on July 1, 1939.
 4420  It has such powers and privileges of a corporation as may be
 4421  necessary to carry out effectively the provisions of this
 4422  chapter and shall be known as the “Teachers’ Retirement System
 4423  of the State,” and by such name all of its business shall be
 4424  transacted, all of its funds invested, and all of its cash and
 4425  securities and other property held in trust for the purpose for
 4426  which received.
 4427         Section 128. Subsection (1) of section 238.03, Florida
 4428  Statutes, is amended to read:
 4429         238.03 Administration.—
 4430         (1) The general administration and the responsibility for
 4431  the proper operation of the retirement system and for making
 4432  effective the provisions of this chapter are vested in the
 4433  department of Management Services. Subject to the limitation of
 4434  this chapter, the department shall, from time to time, adopt
 4435  establish rules and regulations for the administration and
 4436  transaction of the business of the retirement system and shall
 4437  perform such other functions as are required for the execution
 4438  of this chapter.
 4439         Section 129. Subsection (3) of section 238.07, Florida
 4440  Statutes, is amended to read:
 4441         238.07 Regular benefits; survivor benefits.—
 4442         (3) Any member who, prior to July 1, 1955, elected to
 4443  retire under one of plans A, B, C, or D may elect, prior to
 4444  retirement, to retire under plan E in accordance with the terms
 4445  hereof. Any person who became a member on or after July 1, 1955,
 4446  shall retire under plan E, except as provided for under s.
 4447  238.31. With respect to plans A, B, C, or D, any member may
 4448  shall have the right at any time to change to a plan of
 4449  retirement requiring a lower rate of contribution. The
 4450  department of Management Services shall also notify the member
 4451  of the rate of contribution such member must make from and after
 4452  selecting such plan of retirement. Any member in service may
 4453  retire upon reaching the age of retirement formerly selected by
 4454  him or her, upon the member’s written application to the
 4455  department setting forth at which time, not more than 90 days
 4456  after subsequent to the execution and filing of such
 4457  application, it is his or her desire to retire notwithstanding
 4458  that during such period of notification he or she may have
 4459  separated from service. Upon receipt of such application for
 4460  retirement, the department shall retire such member not more
 4461  than 90 days thereafter. Before such member may retire, he or
 4462  she must file with the department his or her written selection
 4463  of one of the optional benefits provided in s. 238.08.
 4464         Section 130. Paragraph (a) of subsection (1) of section
 4465  238.09, Florida Statutes, is amended to read:
 4466         238.09 Method of financing.—All of the assets of the
 4467  retirement system shall be credited, according to the purposes
 4468  for which they are held, to one of four funds; namely, the
 4469  Annuity Savings Trust Fund, the Pension Accumulation Trust Fund,
 4470  the Expense Trust Fund, and the Survivors’ Benefit Trust Fund.
 4471         (1) The Annuity Savings Trust Fund shall be a fund in which
 4472  shall be accumulated contributions made from the salaries of
 4473  members under the provisions of paragraph (c) or paragraph (f).
 4474  Contribution to, payments from, the Annuity Savings Trust Fund
 4475  shall be made as follows:
 4476         (a) With respect to plan A, B, C, or D, upon the basis of
 4477  such tables as the department of Management Services shall
 4478  adopt, and regular interest, the actuary of the retirement
 4479  system shall determine for each member the proportion of
 4480  earnable compensation which, when deducted from each payment of
 4481  his or her prospective earnable annual compensation prior to his
 4482  or her minimum service retirement age, and accumulated at
 4483  regular interest until such age, shall be computed to provide at
 4484  such age:
 4485         1. An annuity equal to one one-hundred-fortieth of the
 4486  member’s his or her average final compensation multiplied by the
 4487  number of his or her years of membership in the case of each
 4488  member electing to retire under the provisions of plan A or B.
 4489         2. An annuity equal to one one-hundred-twentieth of the
 4490  member’s his or her average final compensation multiplied by the
 4491  number of his or her years of membership service in the case of
 4492  each member electing to retire under the provisions of plan C.
 4493         3. An annuity equal to one one-hundredth of his or her
 4494  average final compensation multiplied by the number of the
 4495  members’ his or her years of membership service in the case of
 4496  each member electing to retire under the provisions of plan D.
 4497  
 4498  For each In the case of any member who has attained his or her
 4499  minimum service retirement age before prior to becoming a
 4500  member, the proportion of salary applicable to such member, with
 4501  respect to plan A, B, C, or D, shall be the proportion computed
 4502  for the age 1 year younger than his or her minimum service
 4503  retirement age.
 4504         Section 131. Section 238.10, Florida Statutes, is amended
 4505  to read:
 4506         238.10 Management of funds.—The department of Management
 4507  Services, annually, shall allow regular interest on the amount
 4508  for the preceding year to the credit of each of the funds of the
 4509  retirement system, and to the credit of the individual account
 4510  therein, if any, with the exception of the expense fund, from
 4511  the interest and dividends earned from investments.
 4512         Section 132. Paragraph (b) of subsection (1) and
 4513  subsections (2) and (3) of section 238.11, Florida Statutes, are
 4514  amended to read:
 4515         238.11 Collection of contributions.—
 4516         (1) The collection of contributions shall be as follows:
 4517         (b) Each employer shall transmit monthly to the department
 4518  of Management Services a warrant for the total amount of such
 4519  deductions. Each employer shall also transmit monthly to the
 4520  department a warrant for such employer contribution set aside as
 4521  provided for in paragraph (a) of this subsection. The
 4522  department, after making records of all such warrants, shall
 4523  transmit them to the Department of Financial Services for
 4524  delivery to the Chief Financial Officer, who shall collect them.
 4525         (2) The collection of the state contribution shall be made
 4526  as follows:
 4527         (a) The amounts required to be paid by the state into the
 4528  Teachers’ Retirement System under in this chapter shall be
 4529  provided therefor in the General Appropriations Act. However, if
 4530  in the event a sufficient amount is not included in the General
 4531  Appropriations Act to meet the full amount needed to pay the
 4532  retirement compensation provided for in this chapter, the
 4533  additional amount needed for such retirement compensation is
 4534  hereby appropriated from the General Revenue Fund as approved by
 4535  the department of Management Services.
 4536         (b) The department of Management Services shall certify
 4537  one-fourth of the amount so ascertained for each year to the
 4538  Chief Financial Officer on or before the last day of July,
 4539  October, January, and April of each year. The Chief Financial
 4540  Officer shall, on or before the first day of August, November,
 4541  February, and May of each year, immediately transfer the amounts
 4542  due to the several funds of the retirement system the amounts
 4543  due.
 4544         (3) All collection of contributions of a nonprofit
 4545  professional association or corporation of teachers as referred
 4546  to in s. 238.01(3) and (5) shall be made by such association or
 4547  corporation in the following manner:
 4548         (a) On April 1 of each year, the department of Management
 4549  Services shall certify to any such nonprofit professional
 4550  association or corporation of teachers the amounts that which
 4551  will become due and payable during the ensuing fiscal year to
 4552  each of the funds of the retirement system to which such
 4553  contributions are payable as set forth in this section law.
 4554         (b) The department of Management Services shall certify
 4555  one-fourth of the amount so ascertained for each year to the
 4556  nonprofit professional association or corporation of teachers on
 4557  or before the last day of July, October, January, and April of
 4558  each year. The nonprofit professional association or corporation
 4559  of teachers shall, on or before the first day of August,
 4560  November, February, and May of each year, draw its check payable
 4561  to the department for the respective amounts due the several
 4562  funds of the retirement system. Upon receipt of the check, the
 4563  department shall immediately transfer the amounts due to the
 4564  several funds of the retirement system the amounts due,
 4565  provided, however, that the amounts due the several funds of the
 4566  retirement system from any such association or corporation for
 4567  creditable service accruing to any such member before July 1,
 4568  1947, shall be paid prior to the retirement of any such member.
 4569         Section 133. Subsection (1) of section 238.12, Florida
 4570  Statutes, is amended to read:
 4571         238.12 Duties of employers.—
 4572         (1) Each employer shall keep such records and, from time to
 4573  time, shall furnish such information as the department of
 4574  Management Services may require in the discharge of its duties.
 4575  Upon the employment of any teacher to whom this chapter may
 4576  apply, the teacher shall be informed by his or her employer of
 4577  his or her duties and obligations in connection with the
 4578  retirement system as a condition of his or her employment. Every
 4579  teacher accepting employment shall be deemed to consent and
 4580  agree to any deductions from his or her compensation required in
 4581  this chapter and to all other provisions of this chapter.
 4582         Section 134. Section 238.15, Florida Statutes, is amended
 4583  to read:
 4584         238.15 Exemption of funds from taxation, execution, and
 4585  assignment.—The pensions, annuities or any other benefits
 4586  accrued or accruing to any person under the provisions of this
 4587  chapter and the accumulated contributions and cash securities in
 4588  the funds created under this chapter are exempted from any
 4589  state, county or municipal tax of the state, and are shall not
 4590  be subject to execution or attachment or to any legal process
 4591  whatsoever, and shall be unassignable, except:
 4592         (1) That any teacher who has retired may shall have the
 4593  right and power to authorize the department in writing the
 4594  department of Management Services to deduct from his or her
 4595  monthly retirement allowance money for the payment of the
 4596  premiums on group insurance for hospital, medical and surgical
 4597  benefits, under a plan or plans for such benefits approved in
 4598  writing by the Chief Financial Officer, and upon receipt of such
 4599  request the department shall make the monthly payments as
 4600  directed; and
 4601         (2) As may be otherwise specifically provided for in this
 4602  chapter.
 4603         Section 135. Paragraph (b) of subsection (3) of section
 4604  238.171, Florida Statutes, is amended to read:
 4605         238.171 Monthly allowance; when made.—
 4606         (3)
 4607         (b) On July 1, 1975, and each July 1 thereafter, the
 4608  department of Management Services shall adjust the monthly
 4609  allowance being paid on that said date. The percentage of such
 4610  adjustment is shall be equal to the percentage change in the
 4611  average cost-of-living index during the preceding 12-month
 4612  period, April 1 through March 31, ignoring changes in the cost
 4613  of-living index which are greater than 3 percent during the
 4614  preceding fiscal year.
 4615         Section 136. Paragraph (b) of subsection (2) of section
 4616  238.181, Florida Statutes, is amended to read:
 4617         238.181 Reemployment after retirement; conditions and
 4618  limitations.—
 4619         (2)
 4620         (b) Any person to whom the limitation in paragraph (a)
 4621  applies who violates such reemployment limitation and who is
 4622  reemployed with any agency participating in the Florida
 4623  Retirement System before completing completion of the 12-month
 4624  limitation period must shall give timely notice of this fact in
 4625  writing to his or her employer and to the department of
 4626  Management Services and shall have his or her retirement
 4627  benefits suspended for the balance of the 12-month limitation
 4628  period. Any person employed in violation of this paragraph and
 4629  any employing agency that which knowingly employs or appoints
 4630  such person without notifying the department to suspend
 4631  retirement benefits are shall be jointly and severally liable
 4632  for reimbursement to the retirement trust fund of any benefits
 4633  paid during the reemployment limitation period. To avoid
 4634  liability, the such employing agency shall have a written
 4635  statement from the retiree that he or she is not retired from a
 4636  state-administered retirement system. Any retirement benefits
 4637  received must while reemployed during this reemployment
 4638  limitation period shall be repaid to the retirement trust fund,
 4639  and retirement benefits shall remain suspended until such
 4640  repayment has been made. Benefits suspended beyond the
 4641  reemployment limitation shall apply toward repayment of benefits
 4642  received in violation of the reemployment limitation.
 4643         Section 137. Section 238.32, Florida Statutes, is amended
 4644  to read:
 4645         238.32 Service credit in disputed cases.—The department of
 4646  Management Services may in its discretion allow or deny a member
 4647  service credit in disputed or doubtful cases for employment in
 4648  in this state Florida and in out-of-state schools in order to
 4649  serve the best interests of the state and the member, subject to
 4650  the membership dates set forth in s. 238.06(4).
 4651         Section 138. Subsection (6) of section 250.22, Florida
 4652  Statutes, is amended to read:
 4653         250.22 Retirement.—
 4654         (6) All powers, duties, and functions related to the
 4655  administration of this section are vested in the Department of
 4656  Personnel Management Services.
 4657         Section 139. Subsection (4) of section 252.385, Florida
 4658  Statutes, is amended to read:
 4659         252.385 Public shelter space.—
 4660         (4)(a) Public facilities, including schools, postsecondary
 4661  education facilities, and other facilities owned or leased by
 4662  the state or local governments, but excluding hospitals, hospice
 4663  care facilities, assisted living facilities, and nursing homes,
 4664  which are suitable for use as public hurricane evacuation
 4665  shelters shall be made available at the request of the local
 4666  emergency management agencies. The local emergency management
 4667  agency shall coordinate with these entities to ensure that
 4668  designated facilities are ready to activate before prior to a
 4669  specific hurricane or disaster. Such agencies shall coordinate
 4670  with the appropriate school board, university, community
 4671  college, state agency, or local governing board when requesting
 4672  the use of such facilities as public hurricane evacuation
 4673  shelters.
 4674         (b) The Department of Environmental Protection Management
 4675  Services shall:
 4676         (a) Incorporate provisions for the use of suitable leased
 4677  public facilities as public hurricane evacuation shelters into
 4678  lease agreements for state agencies. Suitable leased public
 4679  facilities include leased public facilities that are solely
 4680  occupied by state agencies and have at least 2,000 square feet
 4681  of net floor area in a single room or in a combination of rooms
 4682  having a minimum of 400 square feet in each room. The net square
 4683  footage of floor area shall be determined by subtracting from
 4684  the gross square footage the square footage of spaces such as
 4685  mechanical and electrical rooms, storage rooms, open corridors,
 4686  restrooms, kitchens, science or computer laboratories, shop or
 4687  mechanical areas, administrative offices, records vaults, and
 4688  crawl spaces.
 4689         (b)(c)The Department of Management Services shall, In
 4690  consultation with local and state emergency management agencies,
 4691  assess department of Management Services facilities to identify
 4692  the extent to which each facility has public hurricane
 4693  evacuation shelter space. The department of Management Services
 4694  shall submit proposed facility retrofit projects that
 4695  incorporate hurricane protection enhancements to the department
 4696  for assessment and inclusion in the annual report prepared in
 4697  accordance with subsection (3).
 4698         (c)(d)The Department of Management Services shall Include
 4699  in the annual state facilities inventory report required under
 4700  ss. 216.015-216.016 a separate list of state-owned facilities,
 4701  including, but not limited to, meeting halls, auditoriums,
 4702  conference centers, and training centers that have unoccupied
 4703  space suitable for use as an emergency shelter during a storm or
 4704  other catastrophic event. Facilities must be listed by the
 4705  county and municipality where the facility is located and must
 4706  be made available in accordance with this subsection paragraph
 4707  (a). As used in this paragraph, the term “suitable for use as an
 4708  emergency shelter” means meeting the standards set by the
 4709  American Red Cross for a hurricane evacuation shelter, and the
 4710  term “unoccupied” means vacant due to suspended operation or
 4711  nonuse. The list must be updated by May 31 of each year.
 4712         Section 140. Paragraph (b) of subsection (6) of section
 4713  253.034, Florida Statutes, is amended to read:
 4714         253.034 State-owned lands; uses.—
 4715         (6) The Board of Trustees of the Internal Improvement Trust
 4716  Fund shall determine which lands, the title to which is vested
 4717  in the board, may be surplused. For conservation lands, the
 4718  board shall make a determination that the lands are no longer
 4719  needed for conservation purposes and may dispose of them by an
 4720  affirmative vote of at least three members. In the case of a
 4721  land exchange involving the disposition of conservation lands,
 4722  the board must determine by an affirmative vote of at least
 4723  three members that the exchange will result in a net positive
 4724  conservation benefit. For all other lands, the board shall make
 4725  a determination that the lands are no longer needed and may
 4726  dispose of them by an affirmative vote of at least three
 4727  members.
 4728         (b) For any lands purchased by the state on or after July
 4729  1, 1999, a determination shall be made by the board before prior
 4730  to acquisition as to those parcels that shall be designated as
 4731  having been acquired for conservation purposes. No Lands
 4732  acquired for use by the Department of Corrections, the
 4733  Department of Environmental Protection Management Services for
 4734  use as state offices, the Department of Transportation, except
 4735  those specifically managed for conservation or recreation
 4736  purposes, or the State University System or the Florida
 4737  Community College System may not shall be designated as having
 4738  been purchased for conservation purposes.
 4739         Section 141. Subsection (2) of section 253.126, Florida
 4740  Statutes, is amended to read:
 4741         253.126 Legislative intent.—The limitations and
 4742  restrictions imposed by this chapter as amended by chapter 67
 4743  393, Laws of Florida, upon the construction of islands or the
 4744  extension or addition to existing lands or islands bordering on
 4745  or being in the navigable waters, as defined in s. 253.12, shall
 4746  apply to the state, its agencies and all political subdivisions
 4747  and governmental units. No other general or special act shall
 4748  operate to grant exceptions to this section unless this section
 4749  is specifically repealed thereby.
 4750         (2) The provisions of chapter 120 shall be accorded any
 4751  person where substantial interests will be affected by an
 4752  activity proposed to be conducted by such agency pursuant to its
 4753  certification and the department’s acceptance. If a proceeding
 4754  is conducted pursuant to ss. 120.569 and 120.57, the department
 4755  may intervene as a party. Should an administrative law judge of
 4756  the Division of Administrative Hearings of the Department of
 4757  Management Services submit a recommended order pursuant to ss.
 4758  120.569 and 120.57, the Department of Environmental Protection
 4759  shall issue a final department order adopting, rejecting, or
 4760  modifying the recommended order pursuant to such action.
 4761         Section 142. Subsection (1) of section 253.45, Florida
 4762  Statutes, is amended to read:
 4763         253.45 Sale or lease of phosphate, clay, minerals, etc., in
 4764  or under state lands.—
 4765         (1) The Board of Trustees of the Internal Improvement Trust
 4766  Fund may sell or lease any phosphate, earth or clay, sand,
 4767  gravel, shell, mineral, metal, timber or water, or any other
 4768  substance similar to the foregoing, in, on, or under, any land
 4769  the title to which is vested in the state, the Department of
 4770  Management Services, the Department of Environmental Protection,
 4771  the Fish and Wildlife Conservation Commission, the State Board
 4772  of Education, or any other state board, department, or agency;
 4773  provided that the board of trustees does may not grant such a
 4774  sale or lease on the land of any other state board, department,
 4775  or agency without first obtaining approval therefrom. Such No
 4776  sale or lease is not provided for in this section shall be
 4777  allowed on hard-surfaced beaches that are used for bathing or
 4778  driving and areas contiguous thereto out to a mean low-water
 4779  depth of 3 feet and landward to the nearest paved public road.
 4780  Any sale or lease provided for in this section shall be
 4781  conducted by competitive bidding as provided for in ss. 253.52,
 4782  253.53, and 253.54. The proceeds of such sales or leases are to
 4783  be credited to the board of trustees, board, department, or
 4784  agency that which has title or control of the land involved.
 4785         Section 143. Section 255.02, Florida Statutes, is amended
 4786  to read:
 4787         255.02 Boards authorized to replace buildings destroyed by
 4788  fire.—The Department of Environmental Protection Management
 4789  Services or any board or person having the direct supervision
 4790  and control of any state building or state property may rebuild
 4791  or replace have rebuilt or replaced, out of the proceeds from
 4792  the fire insurance on such buildings or property, any buildings
 4793  or property owned by the state, which is may be destroyed in
 4794  whole or in part by fire.
 4795         Section 144. Subsection (2) of section 255.043, Florida
 4796  Statutes, is amended to read:
 4797         255.043 Art in state buildings.—
 4798         (2) The Department of Environmental Protection Management
 4799  Services or other state agency agencies receiving appropriations
 4800  for original constructions shall notify the Florida Arts Council
 4801  and the user agency of any construction project that which is
 4802  eligible under the provisions of this section. The department of
 4803  Management Services or other state agency shall determine the
 4804  amount to be made available for purchase or commission of works
 4805  of art for each project and shall report these amounts to the
 4806  Florida Arts Council and the user agency. Payments therefor
 4807  shall be made from funds appropriated for fixed capital outlay
 4808  according to law.
 4809         Section 145. Paragraphs (a) and (b) of subsection (1) of
 4810  section 255.05, Florida Statutes, are amended to read:
 4811         255.05 Bond of contractor constructing public buildings;
 4812  form; action by materialmen.—
 4813         (1)(a) Any person entering into a formal contract with the
 4814  state or any county, municipality city, or political subdivision
 4815  thereof, or other public authority or private entity, for the
 4816  construction of a public building, for the prosecution and
 4817  completion of a public work, or for repairs upon a public
 4818  building or public work must shall be required, before
 4819  commencing the work or before recommencing the work after a
 4820  default or abandonment, to execute, deliver to the public owner,
 4821  and record in the public records of the county where the
 4822  improvement is located, a payment and performance bond with a
 4823  surety insurer authorized to do business in this state as
 4824  surety. A public entity may not require a contractor to secure a
 4825  surety bond under this section from a specific agent or bonding
 4826  company. The bond must state on its front page: the name,
 4827  principal business address, and phone number of the contractor,
 4828  the surety, the owner of the property being improved, and, if
 4829  different from the owner, the contracting public entity; the
 4830  contract number assigned by the contracting public entity; and a
 4831  description of the project sufficient to identify it, such as a
 4832  legal description or the street address of the property being
 4833  improved, and a general description of the improvement. Such
 4834  bond must shall be conditioned upon the contractor’s performance
 4835  of the construction work in the time and manner prescribed in
 4836  the contract and promptly making payments to all persons defined
 4837  in s. 713.01 who furnish labor, services, or materials for the
 4838  prosecution of the work provided for in the contract. Any
 4839  claimant may apply to the governmental entity having charge of
 4840  the work for copies of the contract and bond and shall thereupon
 4841  be furnished with a certified copy of the contract and bond. The
 4842  claimant shall have a right of action against the contractor and
 4843  surety for the amount due him or her, including unpaid finance
 4844  charges due under the claimant’s contract. Such action may shall
 4845  not involve the public authority in any expense. If When such
 4846  work is done for the state and the contract is for $100,000 or
 4847  less, a no payment and performance bond is not shall be
 4848  required. At the discretion of the official or board awarding
 4849  such contract when such work is done for any county,
 4850  municipality city, political subdivision, or public authority,
 4851  any person entering into such a contract which is for $200,000
 4852  or less may be exempted from executing the payment and
 4853  performance bond. If When such work is done for the state, the
 4854  Secretary of Environmental Protection Management Services may
 4855  delegate to state agencies the authority to exempt any person
 4856  entering into such a contract amounting to more than $100,000
 4857  but less than $200,000 from executing the payment and
 4858  performance bond. If In the event such exemption is granted, the
 4859  officer or officials may shall not be held personally liable to
 4860  persons suffering loss because of granting such exemption. The
 4861  Department of Environmental Protection Management Services shall
 4862  maintain information on the number of requests by state agencies
 4863  for delegation of authority to waive the bond requirements by
 4864  agency and project number and whether any request for delegation
 4865  was denied and the justification for the denial. Any provision
 4866  in a payment bond furnished for public work contracts as
 4867  provided by this subsection which restricts the classes of
 4868  persons as defined in s. 713.01 protected by the bond or the
 4869  venue of any proceeding relating to such bond is unenforceable.
 4870         (b) The Department of Environmental Protection Management
 4871  Services shall adopt rules with respect to all contracts for
 4872  $200,000 or less, to provide:
 4873         1. Procedures for retaining up to 10 percent of each
 4874  request for payment submitted by a contractor and procedures for
 4875  determining disbursements from the amount retained on a pro rata
 4876  basis to laborers, materialmen, and subcontractors, as defined
 4877  in s. 713.01.
 4878         2. Procedures for requiring certification from laborers,
 4879  materialmen, and subcontractors, as defined in s. 713.01, prior
 4880  to final payment to the contractor that such laborers,
 4881  materialmen, and subcontractors have no claims against the
 4882  contractor resulting from the completion of the work provided
 4883  for in the contract.
 4884  
 4885  The state shall not be held liable to any laborer, materialman,
 4886  or subcontractor for any amounts greater than the pro rata share
 4887  as determined under this section.
 4888         Section 146. Subsection (1) of section 255.0525, Florida
 4889  Statutes, is amended to read:
 4890         255.0525 Advertising for competitive bids or proposals.—
 4891         (1) The solicitation of competitive bids or proposals for
 4892  any state construction project that is projected to cost more
 4893  than $200,000 must shall be publicly advertised once in the
 4894  Florida Administrative Weekly at least 21 days before prior to
 4895  the established bid opening. For state construction projects
 4896  that are projected to cost more than $500,000, the advertisement
 4897  must shall be published in the Florida Administrative Weekly at
 4898  least 30 days before prior to the established bid opening and at
 4899  least once in a newspaper of general circulation in the county
 4900  where the project is located at least 30 days before prior to
 4901  the established bid opening and at least 5 days before a prior
 4902  to any scheduled prebid conference. The bids or proposals must
 4903  shall be received and opened publicly at the location, date, and
 4904  time established in the bid or proposal advertisement. In cases
 4905  of emergency, the Secretary of Environmental Protection
 4906  Management Services may alter these the procedures required in
 4907  this section in any manner that is reasonable under the
 4908  emergency circumstances.
 4909         Section 147. Subsection (3) of section 255.248, Florida
 4910  Statutes, is amended to read:
 4911         255.248 Definitions; ss. 255.249 and 255.25.—As used in ss.
 4912  255.249 and 255.25, the term:
 4913         (3) “Department” means the Department of Environmental
 4914  Protection Management Services.
 4915         Section 148. Section 255.249, Florida Statutes, is amended
 4916  to read:
 4917         255.249 Department responsibilities of Management Services;
 4918  responsibility; department rules.—
 4919         (1) The department shall have responsibility and authority
 4920  for the custodial and preventive maintenance, repair, and
 4921  allocation of space of all buildings in the Florida Facilities
 4922  Pool and the grounds located adjacent thereto.
 4923         (2) The department shall require any state agency planning
 4924  to terminate a lease for the purpose of occupying space in a new
 4925  state-owned office building, the funds for which are
 4926  appropriated after June 30, 2000, to state why the proposed
 4927  relocation is in the best interest of the state.
 4928         (3)(a) The department shall, to the extent feasible,
 4929  coordinate the vacation of privately owned leased space with the
 4930  expiration of the lease on that space and, if when a lease is
 4931  terminated before expiration of its base term, shall will make a
 4932  reasonable effort to place another state agency in the space
 4933  vacated. Any state agency may lease the space in any building
 4934  that was subject to a lease terminated by a state agency for a
 4935  period of time equal to the remainder of the base term without
 4936  the requirement of competitive solicitation.
 4937         (b) The department shall develop and implement a strategic
 4938  leasing plan. The strategic leasing plan must shall forecast
 4939  space needs for all state agencies and identify opportunities
 4940  for reducing costs through consolidation, relocation,
 4941  reconfiguration, capital investment, and the building or
 4942  acquisition of state-owned space.
 4943         (c) The department shall annually publish a master leasing
 4944  report. The department shall furnish the master leasing report
 4945  to the Executive Office of the Governor and the Legislature by
 4946  September 15 of each year which provides the following
 4947  information:
 4948         1. A list, by agency and by geographic market, of all
 4949  leases that are due to expire within 24 months.
 4950         2. Details of each lease, including location, size, cost
 4951  per leased square foot, lease-expiration date, and a
 4952  determination of whether sufficient state-owned office space
 4953  will be available at the expiration of the lease to accommodate
 4954  affected employees.
 4955         3. A list of amendments and supplements to and waivers of
 4956  terms and conditions in lease agreements that have been approved
 4957  pursuant to s. 255.25(2)(a) during the previous 12 months and an
 4958  associated comprehensive analysis, including financial
 4959  implications, showing that any amendment, supplement, or waiver
 4960  is in the state’s long-term best interest.
 4961         4. Financial impacts to the pool rental rate due to the
 4962  sale, removal, acquisition, or construction of pool facilities.
 4963         5. Changes in occupancy rate, maintenance costs, and
 4964  efficiency costs of leases in the state portfolio. Changes to
 4965  occupancy costs in leased space by market and changes to space
 4966  consumption by agency and by market.
 4967         6. An analysis of portfolio supply and demand.
 4968         7. Cost-benefit analyses of acquisition, build, and
 4969  consolidation opportunities, recommendations for strategic
 4970  consolidation, and strategic recommendations for disposition,
 4971  acquisition, and building.
 4972         8. The updated plan required by s. 255.25(4)(c).
 4973         (d) By June 30 of each year, each state agency shall
 4974  annually provide to the department all information regarding
 4975  agency programs affecting the need for or use of space by that
 4976  agency, reviews of lease-expiration schedules for each
 4977  geographic area, active and planned full-time equivalent data,
 4978  business case analyses related to consolidation plans by an
 4979  agency, a telecommuting program, and current occupancy and
 4980  relocation costs, inclusive of furnishings, fixtures and
 4981  equipment, data, and communications.
 4982         (4) The department shall adopt rules pursuant to chapter
 4983  120 providing:
 4984         (a) Methods for accomplishing the duties outlined in
 4985  subsection (1).
 4986         (b) Procedures for soliciting and accepting competitive
 4987  solicitations for leased space of 5,000 square feet or more in
 4988  privately owned buildings, for evaluating the proposals
 4989  received, for exemption from competitive solicitations
 4990  requirements of any lease the purpose of which is the provision
 4991  of care and living space for persons or emergency space needs as
 4992  provided in s. 255.25(10), and for the securing of at least
 4993  three documented quotes for a lease that is not required to be
 4994  competitively solicited.
 4995         (c) A standard method for determining square footage or any
 4996  other measurement used as the basis for lease payments or other
 4997  charges.
 4998         (d) Methods of allocating space in both state-owned office
 4999  buildings and privately owned buildings leased by the state
 5000  based on use, personnel, and office equipment.
 5001         (e)1. Acceptable terms and conditions for inclusion in
 5002  lease agreements.
 5003         2. Such terms and conditions must shall include, at a
 5004  minimum, the following clauses, which may not be amended,
 5005  supplemented, or waived:
 5006         1.a. As provided in s. 255.2502, “The State of Florida’s
 5007  performance and obligation to pay under this contract is
 5008  contingent upon an annual appropriation by the Legislature.”
 5009         2.b. “The Lessee shall have the right to terminate, without
 5010  penalty, this lease in the event a State-owned building becomes
 5011  available to the Lessee for occupancy upon giving 6 months’
 5012  advance written notice to the Lessor by Certified Mail, Return
 5013  Receipt Requested.”
 5014         (f) Maximum rental rates, by geographic areas or by county,
 5015  for leasing privately owned space.
 5016         (g) A standard method for the assessment of rent to state
 5017  agencies and other authorized occupants of state-owned office
 5018  space, notwithstanding the source of funds.
 5019         (h) For full disclosure of the names and the extent of
 5020  interest of the owners holding a 4-percent or more interest in
 5021  any privately owned property leased to the state or in the
 5022  entity holding title to the property, for exemption from such
 5023  disclosure of any beneficial interest which is represented by
 5024  stock in any corporation registered with the Securities and
 5025  Exchange Commission or registered pursuant to chapter 517, which
 5026  stock is for sale to the general public, and for exemption from
 5027  such disclosure of any leasehold interest in property located
 5028  outside the territorial boundaries of the United States.
 5029         (i) For full disclosure of the names of all public
 5030  officials, agents, or employees holding any interest in any
 5031  privately owned property leased to the state or in the entity
 5032  holding title to the property, and the nature and extent of
 5033  their interest;, for exemption from such disclosure of any
 5034  beneficial interest which is represented by stock in any
 5035  corporation registered with the Securities and Exchange
 5036  Commission or registered pursuant to chapter 517, which stock is
 5037  for sale to the general public;, and for exemption from such
 5038  disclosure of any leasehold interest in property located outside
 5039  the territorial boundaries of the United States.
 5040         (j) A method for reporting leases for nominal or no
 5041  consideration.
 5042         (k) For a lease of less than 5,000 square feet, a method
 5043  for certification by the agency head or the agency head’s
 5044  designated representative that all criteria for leasing have
 5045  been fully complied with and for the filing of a copy of such
 5046  lease and all supporting documents with the department for its
 5047  review and approval as to technical sufficiency and whether it
 5048  is in the best interests of the state.
 5049         (l) A standardized format for state agency reporting of the
 5050  information required by paragraph (3)(d).
 5051         (5) The department shall prepare a form listing all
 5052  conditions and requirements adopted pursuant to this chapter
 5053  which must be met by any state agency leasing any building or
 5054  part thereof. Before executing any lease, this form must shall
 5055  be certified by the agency head or a designee the agency head’s
 5056  designated representative and submitted to the department.
 5057         (6) The department may contract for real estate consulting
 5058  or tenant brokerage services in order to carry out its duties
 5059  relating to the strategic leasing plan. The contract must shall
 5060  be procured pursuant to s. 287.057. The vendor that is awarded
 5061  the contract shall be compensated by the department, subject to
 5062  the provisions of the contract, and such compensation is subject
 5063  to appropriation by the Legislature. The real estate consultant
 5064  or tenant broker may not receive compensation directly from a
 5065  lessor for services that are rendered pursuant to the contract.
 5066  Moneys paid to the real estate consultant or tenant broker are
 5067  exempt from any charge imposed under s. 287.1345. Moneys paid by
 5068  a lessor to the department under a facility-leasing arrangement
 5069  are not subject to the charges imposed under s. 215.20.
 5070         Section 149. Paragraphs (a) and (d) of subsection (2),
 5071  paragraphs (b) and (h) of subsection (3), paragraph (c) of
 5072  subsection (4), and subsections (5), (6), and (10) of section
 5073  255.25, Florida Statutes, are amended to read:
 5074         255.25 Approval required prior to construction or lease of
 5075  buildings.—
 5076         (2)(a) Except as provided in s. 255.2501, a state agency
 5077  may not lease a building or any part thereof unless prior
 5078  approval of the lease conditions and of the need for the lease
 5079  therefor is first obtained from the department. An Any approved
 5080  lease may include an option to purchase or an option to renew
 5081  the lease, or both, upon such terms and conditions as are
 5082  established by the department subject to final approval by the
 5083  head of the department of Management Services and s. 255.2502.
 5084         (d) Notwithstanding paragraph (a) and except as provided in
 5085  ss. 255.249 and 255.2501, a state agency may not lease a
 5086  building or any part thereof unless prior approval of the lease
 5087  terms and conditions and of the need therefor is first obtained
 5088  from the department. The department may not approve any term or
 5089  condition in a lease agreement which has been amended,
 5090  supplemented, or waived unless a comprehensive analysis,
 5091  including financial implications, demonstrates that such
 5092  amendment, supplement, or waiver is in the state’s long-term
 5093  best interest. Any approved lease may include an option to
 5094  purchase or an option to renew the lease, or both, upon such
 5095  terms and conditions as are established by the department
 5096  subject to final approval by the head of the department of
 5097  Management Services and the provisions of s. 255.2502.
 5098         (3)
 5099         (b) The department may of Management Services shall have
 5100  the authority to approve a lease for 5,000 square feet or more
 5101  of space that covers more than 1 fiscal year, subject to the
 5102  provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503, if
 5103  such lease is, in the judgment of the department, in the best
 5104  interests of the state. In determining best interest, the
 5105  department shall consider availability of state-owned space and
 5106  analyses of build-to-suit and acquisition opportunities. This
 5107  paragraph does not apply to buildings or facilities of any size
 5108  leased for the purpose of providing care and living space for
 5109  persons.
 5110         (h) The department of Management Services may, pursuant to
 5111  s. 287.042(2)(a), procure a term contract for real estate
 5112  consulting and brokerage services. A state agency may not
 5113  purchase services from the contract unless the contract has been
 5114  procured under s. 287.057(1), (2), or (3) after March 1, 2007,
 5115  and contains the following provisions or requirements:
 5116         1. Awarded brokers must maintain an office or presence in
 5117  the market served. In awarding the contract, preference must be
 5118  given to brokers that are licensed in this state under chapter
 5119  475 and that have 3 or more years of experience in the market
 5120  served. The contract may be made with up to three tenant brokers
 5121  in order to serve the marketplace in the north, central, and
 5122  south areas of the state.
 5123         2. Each contracted tenant broker shall work under the
 5124  direction, supervision, and authority of the state agency,
 5125  subject to the rules governing lease procurements.
 5126         3. The department shall provide training for the awarded
 5127  tenant brokers concerning the rules governing the procurement of
 5128  leases.
 5129         4. Tenant brokers must comply with all applicable
 5130  provisions of s. 475.278.
 5131         5. Real estate consultants and tenant brokers shall be
 5132  compensated by the state agency, subject to the provisions of
 5133  the term contract, and such compensation is subject to
 5134  appropriation by the Legislature. A real estate consultant or
 5135  tenant broker may not receive compensation directly from a
 5136  lessor for services that are rendered under the term contract.
 5137  Moneys paid to a real estate consultant or tenant broker are
 5138  exempt from any charge imposed under s. 287.1345. Moneys paid by
 5139  a lessor to the state agency under a facility leasing
 5140  arrangement are not subject to the charges imposed under s.
 5141  215.20. All terms relating to the compensation of the real
 5142  estate consultant or tenant broker must shall be specified in
 5143  the term contract and may not be supplemented or modified by the
 5144  state agency using the contract.
 5145         6. The department shall conduct periodic customer
 5146  satisfaction surveys.
 5147         7. Each state agency shall report the following information
 5148  to the department:
 5149         a. The number of leases that adhere to the goal of the
 5150  workspace-management initiative of 180 square feet per FTE.
 5151         b. The quality of space leased and the adequacy of tenant
 5152  improvement funds.
 5153         c. The timeliness of lease procurement, measured from the
 5154  date of the agency’s request to the finalization of the lease.
 5155         d. Whether cost-benefit analyses were performed before
 5156  execution of the lease in order to ensure that the lease is in
 5157  the best interest of the state.
 5158         e. The lease costs compared to market rates for similar
 5159  types and classifications of space according to the official
 5160  classifications of the Building Owners and Managers Association.
 5161         (4)
 5162         (c) Because the state has a substantial financial
 5163  investment in state-owned buildings, it is legislative policy
 5164  and intent that when state-owned buildings meet the needs of
 5165  state agencies, agencies must fully use such buildings before
 5166  leasing privately owned buildings. By September 15, 2006, The
 5167  department of Management Services shall create a 5-year plan for
 5168  implementing this policy. The department shall update this plan
 5169  annually, detailing proposed departmental actions to meet the
 5170  plan’s goals, and shall furnish this plan annually as part of
 5171  the master leasing report.
 5172         (5) Before construction or renovation of any state-owned
 5173  building or state-leased space is commenced, the department of
 5174  Management Services shall ascertain, by submission of proposed
 5175  plans to the Division of State Fire Marshal for review, that the
 5176  proposed construction or renovation plan complies with the
 5177  uniform firesafety standards required by the division of State
 5178  Fire Marshal. The review of construction or renovation plans for
 5179  state-leased space must shall be completed within 10 calendar
 5180  days after of receipt of the plans by the division of State Fire
 5181  Marshal. The review of construction or renovation plans for a
 5182  state-owned building must shall be completed within 30 calendar
 5183  days after of receipt of the plans by the division of State Fire
 5184  Marshal. The responsibility for submission and retrieval of the
 5185  plans called for in this subsection may shall not be imposed on
 5186  the design architect or engineer, but shall be the
 5187  responsibility of the two agencies. If Whenever the division of
 5188  State Fire Marshal determines that a construction or renovation
 5189  plan is not in compliance with such uniform firesafety
 5190  standards, the division of State Fire Marshal may issue an order
 5191  to cease all construction or renovation activities until
 5192  compliance is obtained, except those activities required to
 5193  achieve such compliance. The department of Management Services
 5194  shall withhold approval of any proposed lease until the
 5195  construction or renovation plan complies with the division’s
 5196  uniform firesafety standards of the Division of State Fire
 5197  Marshal. The cost of all modifications or renovations made for
 5198  the purpose of bringing leased property into compliance with the
 5199  uniform firesafety standards shall be borne by the lessor.
 5200         (6) Before construction or substantial improvement of any
 5201  state-owned building is commenced, the department of Management
 5202  Services must ascertain that the proposed construction or
 5203  substantial improvement complies with the flood plain management
 5204  criteria for mitigation of flood hazards, as prescribed in the
 5205  October 1, 1986, rules and regulations of the Federal Emergency
 5206  Management Agency, and the department shall monitor the project
 5207  to assure compliance with the criteria. In accordance with
 5208  chapter 120, The department of Management Services shall adopt
 5209  any necessary rules necessary to ensure that all such proposed
 5210  state construction and substantial improvement of state
 5211  buildings in designated flood-prone areas complies with the
 5212  flood plain management criteria. If Whenever the department
 5213  determines that a construction or substantial improvement
 5214  project is not in compliance with the established flood plain
 5215  management criteria, the department may issue an order to cease
 5216  all construction or improvement activities until compliance is
 5217  obtained, except those activities required to achieve such
 5218  compliance.
 5219         (10) The department of Management Services may approve
 5220  emergency acquisition of space without competitive bids if
 5221  existing state-owned or state-leased space is destroyed or
 5222  rendered uninhabitable by an act of God, fire, malicious
 5223  destruction, or structural failure, or by legal action, if the
 5224  chief administrator of the state agency or the chief
 5225  administrator’s designee designated representative certifies in
 5226  writing that no other agency-controlled space is available to
 5227  meet this emergency need, but in no case shall the lease for
 5228  such space exceed 11 months. If the lessor elects not to replace
 5229  or renovate the destroyed or uninhabitable facility, the agency
 5230  shall procure the needed space by competitive bid in accordance
 5231  with s. 255.249(4)(b). If the lessor elects to replace or
 5232  renovate the destroyed or uninhabitable facility and the
 5233  construction or renovations will not be complete at the end of
 5234  the 11-month lease, the agency may modify the lease to extend it
 5235  on a month-to-month basis for an additional 6 months to allow
 5236  completion of such construction or renovations.
 5237         Section 150. Subsections (1) and (2) of section 255.25001,
 5238  Florida Statutes, are amended to read:
 5239         255.25001 Suspension or delay of specified functions,
 5240  programs, and requirements relating to governmental operations.
 5241  Notwithstanding the provisions of:
 5242         (1) Section 946.504(3), as amended by chapter 92-279, Laws
 5243  of Florida, the Department of Environmental Protection is
 5244  Management Services shall not be required to participate with
 5245  the Department of Corrections in the correctional work program
 5246  (PRIDE) leasing process.
 5247         (2) Sections 253.025 and 255.25, the Department of
 5248  Environmental Protection may adopt Management Services has the
 5249  authority to promulgate rules pursuant to chapter 120 to be used
 5250  in determining whether a lease-purchase of a state-owned office
 5251  building is in the best interests of the state, which rules
 5252  provide:
 5253         (a) Procedures state agencies shall will follow to certify
 5254  the need for a lease-purchase acquisition for a state-owned
 5255  office building to the department of Management Services and a
 5256  notification procedure of the department’s decision regarding
 5257  state agencies’ requests for a lease-purchase agreement. The
 5258  certification process shall include but not be limited to the
 5259  following:
 5260         1. Current programmatic space requirements of the state
 5261  agency.
 5262         2. Future programmatic space requirements of the state
 5263  agency.
 5264         3. Time considerations in providing state-owned office
 5265  building space.
 5266         4. An analysis of existing leases affected by the lease
 5267  purchase agreement.
 5268         (b) Procedures and document formats for the advertisement,
 5269  competitive bid process, including format of submissions, and
 5270  evaluation of lease-purchase acquisition proposals for state
 5271  owned office buildings. The evaluation process shall include but
 5272  not be limited to the following:
 5273         1. A consideration of the cost of comparable operating
 5274  leases.
 5275         2. The appraised value of the facility as required by s.
 5276  253.025.
 5277         3. A present value analysis of the proposed payment stream.
 5278         4. The cost of financing the facility to be acquired.
 5279         5. The cost to repair identified physical defects.
 5280         6. The cost to remove identified hazardous substances.
 5281         7. An energy analysis.
 5282         8. A determination of who is responsible for management and
 5283  maintenance activities.
 5284  
 5285  In order to minimize the cost of the evaluation process, the
 5286  department of Management Services may develop a multistage
 5287  evaluation process to identify the most cost-efficient proposals
 5288  for extensive evaluation. The studies developed as a result of
 5289  this evaluation process are shall be considered confidential and
 5290  exempt from the provisions of s. 119.07(1) to the same extent
 5291  that appraisal reports are considered confidential and exempt
 5292  from the provisions of s. 119.07(1) as provided in s.
 5293  253.025(6)(d).
 5294         (c) Acceptable terms and conditions for inclusion in lease
 5295  purchase agreements, which shall include, but are not be limited
 5296  to:
 5297         1. The assignment of the lease-purchase agreement to other
 5298  governmental entities, including accumulated equity.
 5299         2. The ability of the acquiring state agency to sublease up
 5300  to 25 percent of a portion of the facility, not to exceed 25
 5301  percent, to other governmental entities. These subleases must
 5302  shall provide for the recovery of the agencies’ cost of
 5303  operations and maintenance.
 5304  
 5305  The execution of a lease-purchase is conditioned upon a finding
 5306  by the Department of Environmental Protection Management
 5307  Services that it would be in the best interests of the state.
 5308  The language in This subsection shall be considered specific
 5309  authorization for a lease-purchase pursuant to s. 255.25(1)(c)
 5310  upon the department’s Department of Management Services’
 5311  certification that the lease-purchase is in the best interests
 5312  of the state. Thereafter, the agency may is authorized to enter
 5313  into a lease-purchase agreement and to expend operating funds
 5314  for lease-purchase payments. Any facility that which is acquired
 5315  pursuant to the processes authorized by this subsection is shall
 5316  be considered to be a “state-owned office building” and a
 5317  “state-owned building” as those terms are applied in ss.
 5318  255.248-255.25.
 5319         (d) That any costs resulting from the processes authorized
 5320  by this subsection, including but not limited to appraisals,
 5321  environmental analyses, and any other studies that which may be
 5322  required under these provisions, shall be borne by the owner of
 5323  the property that which is the subject of the proposed lease
 5324  purchase.
 5325         Section 151. Subsection (5) of section 255.252, Florida
 5326  Statutes, is amended to read:
 5327         255.252 Findings and intent.—
 5328         (5) Each state agency occupying space within buildings
 5329  owned or managed by the Department of Environmental Protection
 5330  Management Services must identify and compile a list of projects
 5331  determined to be suitable for a guaranteed energy, water, and
 5332  wastewater performance savings contract pursuant to s. 489.145.
 5333  The list of projects compiled by each state agency shall be
 5334  submitted to the department of Management Services by December
 5335  31, 2008, and must include all criteria used to determine
 5336  suitability. The list of projects shall be developed from the
 5337  list of state-owned facilities more than 5,000 square feet in
 5338  area and for which the state agency is responsible for paying
 5339  the expenses of utilities and other operating expenses as they
 5340  relate to energy use. In consultation with the head of each
 5341  state agency, by July 1, 2009, the department shall prioritize
 5342  all projects deemed suitable by each state agency and shall
 5343  develop an energy-efficiency project schedule based on factors
 5344  such as project magnitude, efficiency and effectiveness of
 5345  energy conservation measures to be implemented, and other
 5346  factors that may prove to be advantageous to pursue. The
 5347  schedule shall provide the deadline for guaranteed energy,
 5348  water, and wastewater performance savings contract improvements
 5349  to be made to the state-owned buildings.
 5350         Section 152. Subsection (1) of section 255.253, Florida
 5351  Statutes, is amended to read:
 5352         255.253 Definitions; ss. 255.251-255.258.—
 5353         (1) “Department” means the Department of Environmental
 5354  Protection Management Services.
 5355         Section 153. Subsection (3) of section 255.257, Florida
 5356  Statutes, is amended to read:
 5357         255.257 Energy management; buildings occupied by state
 5358  agencies.—
 5359         (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The
 5360  department of Management Services shall develop a state energy
 5361  management plan consisting of, but not limited to, the following
 5362  elements:
 5363         (a) Data-gathering requirements;
 5364         (b) Building energy audit procedures;
 5365         (c) Uniform data analysis procedures;
 5366         (d) Employee energy education program measures;
 5367         (e) Energy consumption reduction techniques;
 5368         (f) Training program for state agency energy management
 5369  coordinators; and
 5370         (g) Guidelines for building managers.
 5371  
 5372  The plan must shall include a description of actions that state
 5373  agencies shall take to reduce consumption of electricity and
 5374  nonrenewable energy sources used for space heating and cooling,
 5375  ventilation, lighting, water heating, and transportation.
 5376         Section 154. Subsection (2) of section 255.2575, Florida
 5377  Statutes, is amended to read:
 5378         255.2575 Energy-efficient and sustainable buildings.—
 5379         (2) All county, municipal, school district, water
 5380  management district, state university, community college, and
 5381  Florida state court buildings shall be constructed to meet the
 5382  United States Green Building Council (USGBC) Leadership in
 5383  Energy and Environmental Design (LEED) rating system, the Green
 5384  Building Initiative’s Green Globes rating system, the Florida
 5385  Green Building Coalition standards, or a nationally recognized,
 5386  high-performance green building rating system as approved by the
 5387  department of Management Services. This section applies shall
 5388  apply to all county, municipal, school district, water
 5389  management district, state university, community college, and
 5390  Florida state court buildings the architectural plans of which
 5391  are commenced after July 1, 2008.
 5392         Section 155. Subsections (2) and (3) of section 255.259,
 5393  Florida Statutes, are amended to read:
 5394         255.259 Florida-friendly landscaping on public property.—
 5395         (2) As used in this section, “publicly owned buildings or
 5396  facilities” means construction projects under the purview of the
 5397  Department of Environmental Protection Management Services. The
 5398  term does not include environmentally endangered land or roads
 5399  and highway construction under the purview of the Department of
 5400  Transportation.
 5401         (3) The Department of Management Services, in consultation
 5402  with the Department of Environmental Protection, shall adopt
 5403  rules and guidelines for the required use of Florida-friendly
 5404  landscaping on public property associated with publicly owned
 5405  buildings or facilities constructed after June 30, 2009. The
 5406  department of Management Services shall also develop a 5-year
 5407  program for phasing in the use of Florida-friendly landscaping
 5408  on public property associated with publicly owned buildings or
 5409  facilities constructed before July 1, 2009. In accomplishing
 5410  these tasks, the department of Management Services shall take
 5411  into account the standards provided in s. 373.185. The
 5412  Department of Transportation shall implement Florida-friendly
 5413  landscaping pursuant to s. 335.167.
 5414         Section 156. Paragraphs (c) and (d) of subsection (1) of
 5415  section 255.28, Florida Statutes, are amended to read:
 5416         255.28 Department authority to acquire land with or for
 5417  facility thereon.—
 5418         (1) For the purposes of this section:
 5419         (c) “Building” or “facility” means those construction
 5420  projects under the purview of the department of Management
 5421  Services. It shall not include Environmentally endangered land,
 5422  recreational land, or roads and highway construction under the
 5423  purview of the Department of Transportation are not included.
 5424         (d) “Department” means the Department of Environmental
 5425  Protection Management Services.
 5426         Section 157. Section 255.29, Florida Statutes, is amended
 5427  to read:
 5428         255.29 Construction contracts; department rules.—The
 5429  Department of Environmental Protection Management Services shall
 5430  establish by rule, through the adoption of administrative rules
 5431  as provided in chapter 120:
 5432         (1) Procedures for determining the qualifications and
 5433  responsibility of potential bidders before prior to
 5434  advertisement for and receipt of bids for building construction
 5435  contracts, including procedures for the rejection of bidders who
 5436  are reasonably determined from prior experience to be
 5437  unqualified or irresponsible to perform the work required by a
 5438  proposed contract.
 5439         (2) Procedures for awarding each state agency construction
 5440  project to the lowest qualified bidder as well as procedures to
 5441  be followed when in cases in which the department of Management
 5442  Services declares the existence of a valid emergency that
 5443  necessitates to exist which would necessitate the waiver of the
 5444  rules governing the awarding of state construction contracts to
 5445  the lowest qualified bidder.
 5446         (3) Procedures to govern negotiations for construction
 5447  contracts and modifications to contract documents if when such
 5448  negotiations are determined by the secretary of the department
 5449  of Management Services to be in the best interest of the state.
 5450         (4) Procedures for entering into performance-based
 5451  contracts for the development of public facilities when the
 5452  department of Management Services determines the use of such
 5453  contracts to be in the best interest of the state. The
 5454  procedures must shall include, but are not limited to:
 5455         (a) Prequalification of bidders;
 5456         (b) Criteria to be used in developing requests for
 5457  proposals which may provide for singular responsibility for
 5458  design and construction, developer flexibility in material
 5459  selection, construction techniques, and application of state-of
 5460  the-art improvements;
 5461         (c) Accelerated scheduling, including the development of
 5462  plans, designs, and construction simultaneously; and
 5463         (d) Evaluation of proposals and award of contracts
 5464  considering such factors as price, quality, and concept of the
 5465  proposal.
 5466         Section 158. Subsection (1) of section 255.30, Florida
 5467  Statutes, is amended to read:
 5468         255.30 Fixed capital outlay projects; department rules;
 5469  delegation of supervisory authority; delegation of
 5470  responsibility for accounting records.—
 5471         (1) The Department of Environmental Protection Management
 5472  Services shall make and adopt rules pursuant to chapter 120 in
 5473  order to establish a procedure for delegating to state agencies
 5474  its supervisory authority as it relates to the repair,
 5475  alteration, and construction of fixed capital outlay projects.
 5476         Section 159. Section 255.31, Florida Statutes, is amended
 5477  to read:
 5478         255.31 Authority to the Department of Management Services
 5479  to manage construction projects for state and local
 5480  governments.—
 5481         (1) The design, construction, erection, alteration,
 5482  modification, repair, and demolition of all public and private
 5483  buildings are governed by the Florida Building Code and the
 5484  Florida Fire Prevention Code, which are to be enforced by local
 5485  jurisdictions or local enforcement districts unless specifically
 5486  exempted as provided in s. 553.80. However, the Department of
 5487  Environmental Protection Management Services shall provide the
 5488  project management and administration services for the
 5489  construction, renovation, repair, modification, or demolition of
 5490  buildings, utilities, parks, parking lots, or other facilities
 5491  or improvements for projects for which the funds are
 5492  appropriated to the department. However; provided that, with the
 5493  exception of facilities constructed under the authority of
 5494  chapters 944, 945, and 985; the Governor’s mansion and grounds
 5495  thereof, as described in s. 272.18; and the Capitol Building and
 5496  environs, being that part of the City of Tallahassee bounded on
 5497  the north by Pensacola and Jefferson Streets, on the east by
 5498  Monroe Street, on the south by Madison Street, and on the west
 5499  by Duval Street, the department may not conduct plans reviews or
 5500  inspection services for consistency with the Florida Building
 5501  Code. The department’s fees for such services shall be paid from
 5502  such appropriations.
 5503         (2) The Department of Environmental Protection Management
 5504  Services may, upon request, enter into contracts with other
 5505  state agencies under which the department may provide the
 5506  project management, administration services, or assistance for
 5507  the construction, renovation, repair, modification, or
 5508  demolition of buildings, utilities, parks, parking lots, or
 5509  other facilities or improvements for projects for which the
 5510  funds are appropriated to other state agencies; however,
 5511  provided that the department may does not conduct plans reviews
 5512  or inspection services for consistency with the Florida Building
 5513  Code. The contracts must shall provide for payment of fees to
 5514  the department.
 5515         (3) This section may shall not be construed to be in
 5516  derogation of any authority conferred on the department by other
 5517  provisions of law.
 5518         Section 160. Paragraph (d) of subsection (1) of section
 5519  255.32, Florida Statutes, is amended to read:
 5520         255.32 State construction management contracting.—
 5521         (1) As used in this section, the term:
 5522         (d) “Department” means the Department of Environmental
 5523  Protection Management Services.
 5524         Section 161. Section 255.45, Florida Statutes, is amended
 5525  to read:
 5526         255.45 Correction of firesafety violations in certain
 5527  state-owned property.—The Department of Environmental Protection
 5528  Management Services is responsible for ensuring that firesafety
 5529  violations that are noted by the State Fire Marshal pursuant to
 5530  s. 633.085 are corrected as soon as practicable for all state
 5531  owned property which is leased from the department of Management
 5532  Services.
 5533         Section 162. Section 255.451, Florida Statutes, is amended
 5534  to read:
 5535         255.451 Electronic firesafety and security system.—The
 5536  management responsibility of the electronic firesafety and
 5537  security system located within the Capitol and any associated
 5538  system associated therewith is vested in the Department of
 5539  Environmental Protection Management Services.
 5540         Section 163. Present subsections (6) through (18) of
 5541  section 255.502, Florida Statutes, are redesignated as
 5542  subsections (7) through (15), a new subsection (6) is added to
 5543  that section, and paragraphs (c), (d), and (l) of subsections
 5544  (2), and present subsections (5), (7), (10), (12), (14), and
 5545  (16) of that section, are amended to read:
 5546         255.502 Definitions; ss. 255.501-255.525.—As used in this
 5547  act, the following words and terms shall have the following
 5548  meanings unless the context otherwise requires:
 5549         (2) “Acquisition costs” means all reasonable and necessary
 5550  costs incurred in the acquisition of a facility, which costs may
 5551  include, but are not limited to:
 5552         (c) Any expenses relating to the issuance of the
 5553  obligations by the division in the name and on behalf of the
 5554  department of Management Services, including, but not limited
 5555  to, private placement fees, underwriting fees, original issue
 5556  discounts, rating agency fees, and other necessary fees.
 5557         (d) Fees in connection with the planning, execution, and
 5558  financing of a project, such as those of architects, engineers,
 5559  attorneys, feasibility consultants, financial advisers,
 5560  accountants, and the department of Management Services,
 5561  including the allocable portions of direct costs of the
 5562  department of Management Services and the lessee agencies.
 5563         (l) The reimbursement of all moneys advanced or supplied to
 5564  or borrowed by the department of Management Services or others
 5565  for the payment of any item of cost of a facility.
 5566         (5) “Debt service charges” means, collectively, principal,
 5567  including mandatory sinking fund requirements and the accretion
 5568  portion of any capital appreciation bonds for retirement of
 5569  obligations, interest, redemption premium, if any, required to
 5570  be paid by the department of Management Services on obligations
 5571  issued under this act and any obligation administrative fees.
 5572         (6) “Department” means the Department of Environmental
 5573  Protection.
 5574         (8)(7) “Eligible facility” means all state-owned facilities
 5575  under the jurisdiction of the department of Management Services
 5576  and all other state-owned facilities except those having less
 5577  than 3,000 square feet.
 5578         (11)(10) “Obligation administrative fees” means any
 5579  periodic expense, charge, or cost relating to or incurred in
 5580  connection with remarketing of obligations such as remarketing
 5581  agent or indexing agent fees and any periodic expense, charge,
 5582  or cost related to any obligations or to credit enhancements or
 5583  liquidity features, including, but not limited to, letter of
 5584  credit fees, whether direct pay or standby, swap agent fees and
 5585  similar expenses, periodic fees and expenses, if any, of
 5586  trustees, depositories, registrars, book entry registrars and
 5587  paying agents, and any allowances established by the department
 5588  of Management Services for working capital, contingency
 5589  reserves, and reserves for any anticipated operating deficits
 5590  during each fiscal year.
 5591         (13)(12) “Pool pledged revenues” means all legislative
 5592  appropriations and all fees, charges, revenues, or receipts
 5593  derived by the department of Management Services from the
 5594  operation, leasing, or other disposition of facilities in the
 5595  pool, and the proceeds of obligations issued under this act,
 5596  including and shall include any moneys appropriated to an agency
 5597  for the purpose of making such rental payments, rental payments
 5598  received with respect to such facilities from whatever sources,
 5599  and receipts therefrom, and investment of any such moneys
 5600  pursuant to this act, all as are available for the payment of
 5601  debt service charges on such obligations as are issued with
 5602  respect to the pool.
 5603         (15)(14) “Qualified facility” means an eligible facility
 5604  that which is either:
 5605         (a) Structurally sound and is in a satisfactory state of
 5606  repair;
 5607         (b) Determined by the department of Management Services to
 5608  be suitable for entry into the pool although not meeting the
 5609  requirements of paragraph (a); or
 5610         (c) Under the jurisdiction of the department of Management
 5611  Services.
 5612         (17)(16) “Revenue bonds” means any bonds, debentures,
 5613  notes, certificates, or other evidences of financial
 5614  indebtedness, whether certificated or noncertificated, issued by
 5615  the division on behalf of the department of Management Services
 5616  under and pursuant to this act, including, but not limited to,
 5617  variable rate obligations, designated maturity obligations,
 5618  capital appreciation bonds, original issue discount bonds, and
 5619  multimodal instruments or obligations, or instruments combining
 5620  any of the foregoing.
 5621         Section 164. Section 255.503, Florida Statutes, is amended
 5622  to read:
 5623         255.503 Powers of the Department of Environmental
 5624  Protection Management Services.—The department is authorized of
 5625  Management Services shall have all the authority necessary to
 5626  carry out and effectuate the purposes and provisions of this
 5627  act, including, but not limited to, the authority to:
 5628         (1) Collect reasonable rentals or charges for the use of
 5629  and services provided for facilities in the pool in accordance
 5630  with the provisions of this act exclusively for the purpose of
 5631  paying the expenses of improving, repairing, maintaining, and
 5632  operating facilities and paying debt service charges in
 5633  connection with its obligations.
 5634         (2) Prescribe for the use of facilities in the pool,
 5635  prescribe the amount of rentals or charges, and make and enter
 5636  into contracts with any political subdivision or agency, for the
 5637  use of and services provided for such facilities.
 5638         (3) Acquire facilities pursuant to s. 11(f), Art. VII of
 5639  the State Constitution and own, operate, and finance such
 5640  facilities in accordance with this act through the issuance of
 5641  obligations by the division under this act; to use utilize
 5642  rentals or charges from such facilities, as well as any
 5643  appropriated state or other public funds; and to pledge revenue
 5644  from such facilities to finance the acquisition of facilities
 5645  pursuant to the provisions of this act.
 5646         (4) Operate existing state-owned facilities in the pool and
 5647  to pledge rentals or charges for such facilities to finance the
 5648  acquisition of facilities pursuant to the provisions of this
 5649  act.
 5650         (5) Pledge, hypothecate, or otherwise encumber rentals or
 5651  charges as may be agreed as security for obligations issued
 5652  under this act and enter into trust agreements or indentures for
 5653  the benefit of the holders of such obligations.
 5654         (6) Borrow money or accept advances, loans, gifts, grants,
 5655  devises, or bequests from any legal source; enter into contracts
 5656  or agreements with any party; and hold and apply advances,
 5657  loans, gifts, grants, devises, or bequests according to the
 5658  terms thereof. Such advances, loans, gifts, grants, devises, or
 5659  bequests of real estate may be in fee simple or of any lesser
 5660  estate and may be subject to any reasonable reservations. Any
 5661  advances or loans received from any source may be repaid in
 5662  accordance with the terms of such advance or loan.
 5663         (7)(a) Sell, lease, release, or otherwise dispose of
 5664  facilities in the pool in accordance with applicable law.
 5665         (b) Upon determining No later than the date upon which the
 5666  department recommends to the Division of State Lands of the
 5667  Department of Environmental Protection the disposition of any
 5668  facility within the Florida Facilities Pool, the department
 5669  shall provide to the President of the Senate, the Speaker of the
 5670  House of Representatives, the Executive Office of the Governor,
 5671  and the Division of Bond Finance of the State Board of
 5672  Administration an analysis that includes:
 5673         1. The cost benefit of the proposed facility disposition,
 5674  including the facility’s current operating expenses, condition,
 5675  and market value, and viable alternatives for work space for
 5676  impacted state employees.
 5677         2. The effect of the proposed facility disposition on the
 5678  financial status of the Florida Facilities Pool, including the
 5679  effect on rental rates and coverage requirement for the bonds.
 5680  
 5681  This paragraph expires July 1, 2010.
 5682         (8) Create and establish funds and accounts for the purpose
 5683  of debt service reserves, for the matching of the timing and the
 5684  amount of available funds and debt service charges, for sinking
 5685  funds, for capital depreciation reserves, for operating
 5686  reserves, for capitalized interest and moneys not required for
 5687  immediate disbursement to acquire all or a portion of any
 5688  facility, and for any other reserves, funds, or accounts
 5689  reasonably necessary to carry out the provisions of this act and
 5690  to invest in authorized investments any moneys held in such
 5691  funds and accounts if, provided such investments will be made on
 5692  behalf of the department of Management Services by the State
 5693  Board of Administration or the Chief Financial Officer, as
 5694  appropriate.
 5695         (9) Engage the services of consultants for rendering
 5696  professional and technical assistance and advice and to engage
 5697  services of professionals in connection with the acquisition or
 5698  financing of any facility or the operation and activities of the
 5699  department of Management Services, including attorneys,
 5700  auditors, consultants, and accountants.
 5701         (10) Lease all or any portion of any facility to an agency
 5702  or to any political subdivision.
 5703         (11) Adopt Promulgate all rules necessary to administer
 5704  implement the provisions of this act.
 5705         (12) Do all other acts reasonably necessary to carry out
 5706  the provisions of this act.
 5707         Section 165. Subsection (1) of section 255.504, Florida
 5708  Statutes, is amended to read:
 5709         255.504 Use of facilities.—
 5710         (1) Any facility that which is acquired and approved
 5711  pursuant to s. 11(f), Art. VII of the State Constitution and
 5712  financed under this act, and any facility in the pool shall be
 5713  occupied to the extent that space is available, by agencies as
 5714  authorized by the department of Management Services.
 5715         Section 166. Section 255.505, Florida Statutes, is amended
 5716  to read:
 5717         255.505 Creation of the pool.—The department of Management
 5718  Services is hereby authorized and directed to create the Florida
 5719  Facilities Pool in order for that agencies to may participate,
 5720  and thereby pool the rentals to be paid by such agencies, at
 5721  uniform rates with additional charges for services provided, and
 5722  to authorize the issuance of obligations secured by and payable
 5723  from such rentals and charges. Participation in the pool must
 5724  shall be in accordance with the provisions of this act.
 5725         Section 167. Subsections (1), (3), and (4) of section
 5726  255.506, Florida Statutes, are amended to read:
 5727         255.506 Facilities in pool.—The following facilities shall
 5728  be entered into the pool:
 5729         (1) All existing state-owned facilities under the
 5730  jurisdiction of the department of Management Services shall be
 5731  entered into the pool upon the creation of the pool.
 5732         (3) Any agency may submit all, but not less than all, of
 5733  the eligible facilities under its jurisdiction for entry into
 5734  the pool. Each of such eligible facilities which is determined
 5735  by the department of Management Services to be a qualified
 5736  facility shall be entered into the pool upon such determination.
 5737         (4) Any agency that which requests the issuance of
 5738  obligations under this act for the financing of the acquisition
 5739  of a facility shall submit all, but not less than all, of the
 5740  eligible facilities under its jurisdiction for entry into the
 5741  pool. Each of such eligible facilities which is determined by
 5742  the department of Management Services to be a qualified facility
 5743  shall be entered into the pool upon such a determination.
 5744         Section 168. Section 255.507, Florida Statutes, is amended
 5745  to read:
 5746         255.507 Determination of qualified facilities.—The
 5747  Department of Management Services, In making determinations
 5748  under s. 255.502(15)(b) 255.502(14)(b), the department shall
 5749  determine a facility to be a qualified facility if the facility
 5750  meets one either of the following standards:
 5751         (1) The facility is in compliance with the firesafety
 5752  standards established by the State Fire Marshal for state-owned
 5753  buildings, is in compliance with flood management criteria if it
 5754  is located in a flood-prone area, and is in good operating
 5755  condition in relation to its intended use.
 5756         (2) The facility’s economic benefit to the pool will be
 5757  equal to or greater than the cost of restoring the facility to
 5758  the condition described in subsection (1). For purposes of this
 5759  subsection, achieving such economic benefit means that the rent
 5760  to be paid by the occupants of the facility will be adequate to
 5761  repay the restoration costs within 5 years.
 5762         Section 169. Section 255.508, Florida Statutes, is amended
 5763  to read:
 5764         255.508 Participation in pool.—To participate in the pool,
 5765  an agency head shall submit a request to the department of
 5766  Management Services and to the division pursuant to rules
 5767  adopted by the department of Management Services pursuant to
 5768  this act.
 5769         Section 170. Section 255.509, Florida Statutes, is amended
 5770  to read:
 5771         255.509 Request for advisory statement.—
 5772         (1) Any agency may request from the Department of
 5773  Management Services an advisory statement from the department
 5774  which states shall state the estimated pool rental rate that
 5775  which would be assessed under current conditions for the
 5776  agency’s facilities if entered into the pool. The request for an
 5777  advisory statement must shall contain a description of each
 5778  eligible facility under the jurisdiction of the agency or to be
 5779  acquired by the agency.
 5780         (2) In rendering such advisory statement, the department of
 5781  Management Services shall consult with the division and is shall
 5782  be entitled to rely upon financial advisers or other
 5783  professionals and may assume whatever method of financing that
 5784  the division deems cost-effective.
 5785         Section 171. Section 255.51, Florida Statutes, is amended
 5786  to read:
 5787         255.51 Determination of rental rates.—The department of
 5788  Management Services shall determine and establish rental rates
 5789  charged and computed on a per square foot basis for all
 5790  facilities in the pool whether or not of new construction, and
 5791  such rates shall be applied uniformly to all agencies using or
 5792  occupying space in facilities in the pool with additional
 5793  charges based upon the elements of service and special requests
 5794  as provided. Separate rates and charges may be established for
 5795  warehouse space and parking space incidental to facilities in
 5796  the pool.
 5797         Section 172. Subsection (1) of section 255.511, Florida
 5798  Statutes, is amended to read:
 5799         255.511 Factors to be considered in establishing rental
 5800  rates.—
 5801         (1) The department of Management Services shall prepare a
 5802  complete annual budget for debt service on obligations issued
 5803  under this act and for capital depreciation reserve deposits and
 5804  expenses included in the operation and maintenance of each
 5805  facility in the pool.
 5806         Section 173. Section 255.513, Florida Statutes, is amended
 5807  to read:
 5808         255.513 Powers of the Division of Bond Finance and the
 5809  Department of Environmental Protection Management Services.—The
 5810  division of Bond Finance and the department of Management
 5811  Services are authorized to jointly:
 5812         (1) Engage the services of remarketing agents, indexing
 5813  agents, underwriters, financial advisers, special tax counsel,
 5814  bond counsel, or similar type services with respect to the
 5815  issuance of any obligations under this act.
 5816         (2) Procure credit enhancements such as municipal bond
 5817  insurance, debt service reserve insurance, lease payment
 5818  insurance, letters of credit or liquidity facilities such as
 5819  letters of credit or surety bonds, or to enter into rate
 5820  protection agreements, such as interest rate swaps or similar
 5821  arrangements, in conjunction with the issuance of any
 5822  obligations under this act.
 5823         Section 174. Section 255.514, Florida Statutes, is amended
 5824  to read:
 5825         255.514 Division of Bond Finance; revenue bonds.—The
 5826  division is authorized to issue obligations under this act on
 5827  behalf of and at the request of the department of Management
 5828  Services.
 5829         Section 175. Section 255.515, Florida Statutes, is amended
 5830  to read:
 5831         255.515 Issuance of obligations by the division.—With
 5832  respect to the issuance of any obligations under this act, the
 5833  division may shall be entitled to use such method of financing
 5834  or combination of methods of financing as it deems appropriate
 5835  to result in cost-effective financing. The division may shall be
 5836  entitled to rely upon the advice of financial advisers and other
 5837  professionals retained jointly by the department of Management
 5838  Services and the division for such purposes.
 5839         Section 176. Section 255.517, Florida Statutes, is amended
 5840  to read:
 5841         255.517 Anticipation obligations.—To provide funds for the
 5842  purposes of this act, and before prior to the delivery of an
 5843  issue of revenue bonds for the purposes of this act, the
 5844  division may, on behalf of the department of Management
 5845  Services, from time to time, by resolution, anticipate the
 5846  issuance of such revenue bonds by the issuance of revenue notes,
 5847  including commercial paper notes in the form of bond
 5848  anticipation notes, with or without coupons, exchangeable for
 5849  the revenue bonds when such revenue bonds have been executed and
 5850  are available for delivery, or to be paid, together with
 5851  interest and premium, if any, from the proceeds of the sale of
 5852  such revenue bonds or a renewal issue of revenue notes,
 5853  including commercial paper notes in the form of bond
 5854  anticipation notes. In connection with such revenue notes, the
 5855  department of Management Services may covenant to do all things
 5856  necessary to authorize the issuance of the obligations and shall
 5857  make the exchange or application of the proceeds pursuant to its
 5858  agreements. Such revenue notes and, in the case of commercial
 5859  paper notes, the latest maturity thereof may not shall mature
 5860  not later than 5 years from the date of issue of the original
 5861  revenue notes and shall bear such other terms and shall be
 5862  executed and sold in the manner authorized by the division and
 5863  not prohibited by this act.
 5864         Section 177. Subsections (1) and (2), paragraphs (b) and
 5865  (c) of subsection (5), paragraphs (a), (d), (e), and (f) of
 5866  subsection (6), paragraph (a) of subsection (7), and subsections
 5867  (8), (10), (11), (12), and (13) of section 255.518, Florida
 5868  Statutes, are amended to read:
 5869         255.518 Obligations; purpose, terms, approval,
 5870  limitations.—
 5871         (1)(a) The issuance of obligations shall provide sufficient
 5872  funds to achieve the purposes of this act; pay interest on
 5873  obligations except as provided in paragraph (b); pay expenses
 5874  incident to the issuance and sale of any obligations issued
 5875  pursuant to this act, including costs of validating, printing,
 5876  and delivering the obligations, printing the official statement,
 5877  publishing notices of sale of the obligations, and related
 5878  administrative expenses; pay building acquisition and
 5879  construction costs; and pay all other capital expenditures of
 5880  the department of Management Services and the division incident
 5881  to and necessary to carry out the purposes and powers granted by
 5882  this act, subject to the provisions of s. 11(f), Art. VII of the
 5883  State Constitution and the applicable provisions of the State
 5884  Bond Act. Such obligations are shall be payable solely from the
 5885  pool pledged revenues identified to such obligation.
 5886         (a) Proceeds of obligations may not be used to pay building
 5887  acquisition or construction costs for any facility until the
 5888  Legislature has appropriated funds from other sources estimated
 5889  to be necessary for all costs relating to the initial planning,
 5890  preliminary design and programming, and land acquisition for
 5891  such facility and until such planning, design, and land
 5892  acquisition activities have been completed. Obligation proceeds
 5893  for building construction, renovation, or acquisition shall be
 5894  requested for appropriation in any fiscal year by the department
 5895  of Management Services only if the department estimates that
 5896  such construction, renovation, or acquisition can be initiated
 5897  during such fiscal year.
 5898         (b) Payment of debt service charges on obligations during
 5899  the construction of any facility financed by such obligations
 5900  shall be made from funds other than proceeds of obligations.
 5901         (2) All obligations authorized by this act shall be issued
 5902  on behalf of and in the name of the Department of Management
 5903  Services by the division as provided by this act, with a term of
 5904  not more than 30 years and, except as otherwise provided herein,
 5905  in such principal amounts as shall be necessary to provide
 5906  sufficient funds to achieve the purposes of this act.
 5907         (5) Any resolution or resolutions authorizing any
 5908  obligations issued pursuant to this act shall provide that:
 5909         (b) The department of Management Services shall maintain
 5910  all facilities in the pool in a satisfactory state of repair,
 5911  subject to such exceptions as are determined by the department
 5912  of Management Services, provided that such exceptions do not
 5913  result in breach of any rate covenant in connection with the
 5914  obligations.
 5915         (c) The department of Management Services shall establish
 5916  pool rental rates in amounts so that the annualized amount of
 5917  pool pledged revenues for the then-current bond year is shall be
 5918  at least equal to the aggregate of 110 percent of debt services
 5919  charges, plus 100 percent of capital depreciation reserve
 5920  deposits, plus 100 percent of costs of operations and
 5921  maintenance, if any, in each case as shown in the annual budget
 5922  required pursuant to this act.
 5923         (6) Any resolution authorizing any obligations issued
 5924  pursuant to this act may contain provisions, without limitation,
 5925  which shall be a part of the contract with the holders thereof,
 5926  as to:
 5927         (a) Pledging all or any part of the assets of the
 5928  department of Management Services securing the same, including
 5929  leases with respect to all or any part of a facility, to secure
 5930  the payment of obligations, subject to any existing such
 5931  agreements with holders of obligations as may then exist.
 5932         (d) Vesting in the State Board of Administration such
 5933  property, rights, powers, and duties in trust as the division
 5934  and the department of Management Services may determine, and
 5935  limiting or abrogating the right of holders of obligations to
 5936  appoint a trustee under this act or limiting the rights, powers,
 5937  and duties of such trustee.
 5938         (e) Defining the acts or omissions to act which shall
 5939  constitute a default in the obligations and duties of the
 5940  division and the department of Management Services to the
 5941  holders of obligations and providing for the rights and remedies
 5942  of holders of obligations in the event of such default,
 5943  including, as matter of right, the appointment of a receiver;
 5944  provided such rights and remedies are shall not be inconsistent
 5945  with state law the general laws of the state and the other
 5946  provisions of this act.
 5947         (f) Providing for the segregation of revenues payable to
 5948  the department of Management Services as rentals or charges
 5949  arising from facilities in the pool; providing for the handling
 5950  of such revenues and the remittance of all or a portion thereof
 5951  to the State Board of Administration or a paying agent;
 5952  providing for the establishment of debt service reserves,
 5953  capitalized interest accounts, capital depreciation reserve
 5954  accounts, and the calculation of the amounts to be deposited
 5955  therein; providing for the procurement of letters of credit or
 5956  municipal bond insurance or similar credit enhancements or of
 5957  letters of credit or similar liquidity facilities for the
 5958  benefit of holders of such obligations or for the entering into
 5959  of agreements with remarketing agents, tender agents, or
 5960  indexing agents or of reimbursement agreements with respect to
 5961  any of the foregoing concerning any such obligations.
 5962         (7)(a) The obligations issued by the division on behalf of
 5963  and in the name of the department of Management Services shall
 5964  be sold at public sale in the manner provided by the State Bond
 5965  Act. However,; provided that if the division determines shall
 5966  determine that a negotiated sale of the obligations is in the
 5967  best interest of the state, the division may negotiate for sale
 5968  of the obligations with the underwriter jointly designated by
 5969  the division and the department of Management Services. In
 5970  authorizing the negotiated sale, the division shall provide
 5971  specific findings as to the reasons for the negotiated sale. The
 5972  reasons shall include, but are not be limited to,
 5973  characteristics of the obligations to be issued and prevailing
 5974  market conditions that necessitate a negotiated sale. If In the
 5975  event the division negotiates for sale of obligations, the
 5976  managing underwriter, or financial consultant or adviser, if
 5977  applicable, shall provide to the division, before awarding prior
 5978  to the award of such obligations to the managing underwriter, a
 5979  disclosure statement containing the following information:
 5980         1. An itemized list setting forth the nature and estimated
 5981  amounts of expenses to be incurred by the managing underwriter
 5982  in connection with the issuance of such obligations. However
 5983  Notwithstanding the foregoing, any such list may include an item
 5984  for miscellaneous expenses, provided it includes only minor
 5985  items of expense which are not cannot be easily categorized
 5986  elsewhere in the statement.
 5987         2. The names, addresses, and estimated amounts of
 5988  compensation of any finders connected with the issuance of the
 5989  obligations.
 5990         3. The amount of underwriting spread expected to be
 5991  realized.
 5992         4. Any management fee charged by the managing underwriter.
 5993         5. Any other fee, bonus, or compensation estimated to be
 5994  paid by the managing underwriter in connection with the
 5995  obligations issued to any person not regularly employed or
 5996  retained by it.
 5997         6. The name and address of the managing underwriter, if
 5998  any, connected with the obligations issued.
 5999         7. Any other disclosure which the division may require.
 6000  
 6001  This paragraph is not intended to restrict or prohibit the
 6002  employment of professional services relating to obligations
 6003  issued under this act or the issuance of bonds by the division
 6004  under any other provisions of law.
 6005         (8)(a) No underwriter, commercial bank, investment banker,
 6006  or financial consultant or adviser shall pay any finder any
 6007  bonus, fee, or gratuity in connection with the sale of
 6008  obligations issued by the division on behalf of and in the name
 6009  of the department of Management Services unless full disclosure
 6010  is made to the division before prior to or concurrently with the
 6011  submission of a purchase proposal for such obligations by the
 6012  underwriter, commercial bank, investment banker, or financial
 6013  consultant or adviser and is made subsequently in the official
 6014  statement or offering circular, if any, detailing the name and
 6015  address of any finder and the amount of bonus, fee, or gratuity
 6016  paid to such finder.
 6017         (a)(b) A willful violation of this subsection is a felony
 6018  of the third degree, punishable as provided in s. 775.082, s.
 6019  775.083, or s. 775.084.
 6020         (b)(c)A No violation of this subsection does not shall
 6021  affect the validity of any obligation issued under this act.
 6022         (10) All obligations issued by the division on behalf of
 6023  and in the name of the department of Management Services shall
 6024  state on the face thereof that they are payable, both as to
 6025  principal and interest, and premium, if any, solely out of the
 6026  pool pledged revenues, and do not constitute an obligation,
 6027  either general or special, of the state or of any political
 6028  subdivision.
 6029         (11) All obligations issued by the division on behalf of
 6030  and in the name of the department of Management Services are
 6031  hereby declared to have all the qualities and incidents of
 6032  negotiable instruments under the applicable laws of the state.
 6033         (12) Any pledge of earnings, revenues, or other moneys made
 6034  by the department are of Management Services shall be valid and
 6035  binding from the time the pledge is made. Any earnings,
 6036  revenues, or other moneys so pledged and thereafter received by
 6037  the department of Management Services shall immediately be
 6038  subject to the lien of that pledge without any physical delivery
 6039  thereof or further act, and the lien of the pledge is shall be
 6040  valid and binding as against the department of Management
 6041  Services irrespective of whether the parties have notice
 6042  thereof. Neither the resolution nor any other instrument by
 6043  which a pledge is created need be recorded or filed pursuant to
 6044  the Uniform Commercial Code.
 6045         (13) No employee of the department of Management Services
 6046  or the division, nor any person lawfully executing obligations
 6047  issued under this act by the division on behalf of and in the
 6048  name of the Department of Management Services, is shall be
 6049  liable personally liable on the obligations or be subject to any
 6050  personal liability or accountability by reason of the issuance
 6051  thereof.
 6052         Section 178. Section 255.52, Florida Statutes, is amended
 6053  to read:
 6054         255.52 Approval by State Board of Administration.—At or
 6055  before prior to the sale by the division, all obligations
 6056  proposed to be issued by the division must shall be approved by
 6057  the State Board of Administration as to fiscal sufficiency. The
 6058  state board of Administration shall look to the rate coverage of
 6059  all pool pledged revenues, as projected by the department of
 6060  Management Services, with respect to all proposed and
 6061  outstanding obligations issued under this act:
 6062         (1) One hundred and ten percent of debt service charges;
 6063  plus
 6064         (2) One hundred percent of capital depreciation reserved
 6065  deposits, if any; plus
 6066         (3) One hundred percent of costs of operation and
 6067  maintenance.
 6068  
 6069  With respect to variable rate obligations, such evaluation shall
 6070  be made at the interest rate for the date of sale determined as
 6071  provided in s. 255.519.
 6072         Section 179. Section 255.521, Florida Statutes, is amended
 6073  to read:
 6074         255.521 Failure of payment.—If Should an agency fails fail
 6075  to make a timely payment of the pool pledged rentals or charges
 6076  as required by this act, the Chief Financial Officer shall
 6077  withhold general revenues of the agency in an amount sufficient
 6078  to pay the rentals and charges due and unpaid from such agency.
 6079  The Chief Financial Officer shall forward such general revenue
 6080  amounts to the department of Management Services in payment of
 6081  such rents.
 6082         Section 180. Section 255.522, Florida Statutes, is amended
 6083  to read:
 6084         255.522 State and political subdivisions not liable on
 6085  obligations.—Obligations issued pursuant to this act are shall
 6086  not be a debt of the state or of any political subdivision, and
 6087  neither the state nor any political subdivision is shall be
 6088  liable thereon. The department may not of Management Services
 6089  shall not have the power to pledge the credit, the revenues, or
 6090  the taxing power of the state or of any political subdivision;
 6091  and neither the credit, the revenues, or nor the taxing power of
 6092  the state or of any political subdivision may not shall be, or
 6093  shall be deemed to be, pledged to the payment of any obligations
 6094  issued pursuant to this act.
 6095         Section 181. Section 255.523, Florida Statutes, is amended
 6096  to read:
 6097         255.523 Exemption from taxes.—The property of the
 6098  department of Management Services, the transactions and
 6099  operations thereof, and the income therefrom are shall be exempt
 6100  from taxation by the state and political subdivisions.
 6101         Section 182. Section 255.555, Florida Statutes, is amended
 6102  to read:
 6103         255.555 Records.—Each state agency that which finds that it
 6104  has asbestos-containing materials in any public building for
 6105  which it is responsible shall prepare and maintain a record
 6106  containing a report summarizing the survey, including the hazard
 6107  assessment, drawings and photographs of the sample area, and
 6108  estimates of the quantities of hazardous materials. The agency
 6109  shall, within 30 days after of receipt of said survey, submit a
 6110  copy of the survey to the regional asbestos program manager and
 6111  a summary to the Department of Environmental Protection
 6112  Management Services.
 6113         Section 183. Paragraph (a) of subsection (2) of section
 6114  265.001, Florida Statutes, is amended to read:
 6115         265.001 Florida Women’s Hall of Fame.—
 6116         (2)(a) There is hereby established the Florida Women’s Hall
 6117  of Fame. The Department of Environmental Protection Management
 6118  Services shall set aside an area on the Plaza Level of the
 6119  Capitol Building and shall consult with the Florida Commission
 6120  on the Status of Women regarding the design and theme of such
 6121  area.
 6122         Section 184. Paragraph (a) of subsection (2) of section
 6123  265.2865, Florida Statutes, is amended to read:
 6124         265.2865 Florida Artists Hall of Fame.—
 6125         (2)(a) There is hereby created the Florida Artists Hall of
 6126  Fame. The Florida Arts Council shall identify an appropriate
 6127  location in the public area of a building in the Capitol Center
 6128  that is under the jurisdiction of the Department of
 6129  Environmental Protection Management Services, which location
 6130  shall be set aside by the department and designated as the
 6131  Florida Artists Hall of Fame.
 6132         Section 185. Subsection (3) of section 267.061, Florida
 6133  Statutes, is amended to read:
 6134         267.061 Historic properties; state policy,
 6135  responsibilities.—
 6136         (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION MANAGEMENT
 6137  SERVICES.—The Department of Environmental Protection Management
 6138  Services, in consultation with the division, shall adopt rules
 6139  for the renovation of historic properties that which are owned
 6140  or leased by the state. Such rules must shall be based on
 6141  national guidelines for historic renovation, including the
 6142  standards and guidelines for rehabilitation adopted by the
 6143  United States Secretary of the Interior.
 6144         Section 186. Paragraph (b) of subsection (4) of section
 6145  267.0625, Florida Statutes, is amended to read:
 6146         267.0625 Abrogation of offensive and derogatory geographic
 6147  place names.—
 6148         (4) The division shall:
 6149         (b) Notify the Department of Transportation, the Office of
 6150  Tourism, Trade, and Economic Development, the Department of
 6151  Environmental Protection Management Services, and any other
 6152  entity that compiles information for or develops maps or markers
 6153  for the state of the name change so that it may be reflected on
 6154  subsequent editions of any maps, informational literature, or
 6155  markers produced by those entities.
 6156         Section 187. Paragraphs (a) and (c) of subsection (3) of
 6157  section 267.075, Florida Statutes, are amended to read:
 6158         267.075 The Grove Advisory Council; creation; membership;
 6159  purposes.—
 6160         (3)(a) The Grove Advisory Council shall be composed of
 6161  eight members, as follows:
 6162         1. Five members shall be private citizens appointed by the
 6163  Secretary of State.
 6164         2. One member shall be the Secretary of Environmental
 6165  Protection Management Services or a his or her designee.
 6166         3. One member shall be the director of the Division of
 6167  Historical Resources of the Department of State.
 6168         4. At least one member shall be a direct descendant of Mary
 6169  Call Darby Collins appointed by the Secretary of State with the
 6170  advice of the oldest living generation of lineal descendants of
 6171  Mary Call Darby Collins.
 6172  
 6173  Of the citizen members, at least one member must shall have
 6174  professional curatorial and museum expertise, one member must
 6175  shall have professional architectural expertise in the
 6176  preservation of historic buildings, and one member must shall
 6177  have professional landscape expertise. The five citizen members
 6178  of the council appointed by the Secretary of State and the
 6179  member of the council who is a direct descendant of Mary Call
 6180  Darby Collins appointed by the Secretary of State shall be
 6181  appointed for staggered 4-year terms. The Secretary of State
 6182  shall fill the remainder of unexpired terms for the five citizen
 6183  members of the council and the member of the council who is a
 6184  direct descendant of Mary Call Darby Collins.
 6185         (c) The council shall obtain clerical, expert, technical,
 6186  or other services from the Division of Historical Resources. The
 6187  Department of Environmental Protection Management Services shall
 6188  provide reasonable assistance to the Department of State in
 6189  carrying out the purposes of this section.
 6190         Section 188. Subsections (1) and (2) of section 270.27,
 6191  Florida Statutes, are amended to read:
 6192         270.27 Sale of unused public lands.—
 6193         (1) The Department of Environmental Protection may
 6194  Management Services is hereby authorized to sell, to the best
 6195  possible advantage, any or all detached pieces or parcels of
 6196  land held by the state for the use of any institution under the
 6197  supervision and control of the department if, whenever, in the
 6198  judgment of the department, such detached pieces or parcels of
 6199  land are not suitable for, or necessary and useful in, the
 6200  operation and maintenance of the such institution, and the
 6201  proceeds from the sale of such land could be used to better
 6202  advantage than said land in the operation and maintenance of
 6203  such institution.
 6204         (2) The proceeds derived from the sale of any land, as
 6205  authorized in this section, shall be deposited in the State
 6206  Treasury to the account of the Department of Environmental
 6207  Protection Management Services for the use of the particular
 6208  institution from the sale of whose lands the said funds were
 6209  derived. Such funds may be used, from time to time, by the
 6210  department for the purpose of acquiring additional lands that
 6211  may be needed for the particular institution credited with such
 6212  funds, or for needed buildings or repairs for such institution,
 6213  in the discretion of the department; and such funds, when
 6214  obtained, are hereby appropriated for such purposes.
 6215         Section 189. Section 272.03, Florida Statutes, is amended
 6216  to read:
 6217         272.03 Supervision of Department of Management Services to
 6218  supervise Capitol Center buildings; title in state.—
 6219         (1) All state buildings now or hereafter constructed
 6220  included in the Capitol Center at the state capital and the
 6221  grounds and squares contiguous thereto are shall be under the
 6222  general control, custodianship, and supervision of the
 6223  Department of Environmental Protection Management Services.
 6224         (2) Title to Capitol Center said buildings vests shall vest
 6225  in the state.
 6226         (3) This section does not Nothing herein is intended to
 6227  disturb or impair the contractual obligations for the discharge
 6228  of the indebtedness incurred for the construction of the Florida
 6229  Industrial Commission Building.
 6230         Section 190. Section 272.04, Florida Statutes, is amended
 6231  to read:
 6232         272.04 Department to allocate space.—The Department of
 6233  Environmental Protection Management Services shall have
 6234  authority to allocate space to house the various departments,
 6235  agencies, boards, and commissions in said buildings, excepting,
 6236  however, the new Supreme Court Building, for which authority is
 6237  shall be vested in the justices of the Supreme Court.
 6238         Section 191. Section 272.05, Florida Statutes, is amended
 6239  to read:
 6240         272.05 Budgets for repair and maintenance; review.—The
 6241  Department of Environmental Protection Management Services and
 6242  the Executive Office of the Governor may shall be empowered to
 6243  review, change, and modify the budgets of the departments,
 6244  agencies, boards, and commissions relating to the repair,
 6245  upkeep, and maintenance of said buildings.
 6246         Section 192. Section 272.06, Florida Statutes, is amended
 6247  to read:
 6248         272.06 Authority to contract for utility services.—The
 6249  Department of Environmental Protection Management Services may
 6250  provide or enter into contracts to provide heating, power,
 6251  lighting, cooling systems, and other necessary services or
 6252  facilities for any or all of said buildings.
 6253         Section 193. Section 272.07, Florida Statutes, is amended
 6254  to read:
 6255         272.07 Department may provide for parks, drives, and
 6256  walkways.—The Department of Environmental Protection Management
 6257  Services may provide for the establishment of parks, drives,
 6258  walkways, and parkways on said grounds and squares and for the
 6259  supervision, regulation, and maintenance of the same, including
 6260  traffic and parking thereon.
 6261         Section 194. Section 272.08, Florida Statutes, is amended
 6262  to read:
 6263         272.08 Duty of repair, maintenance, and supervision.—Except
 6264  when otherwise directed by the Department of Environmental
 6265  Protection Management Services, the official or officials now
 6266  having the duty of repair, care, maintenance, and supervision of
 6267  any of said buildings shall continue to exercise such authority.
 6268         Section 195. Section 272.09, Florida Statutes, is amended
 6269  to read:
 6270         272.09 Management, maintenance, and upkeep of Capitol
 6271  Center.—The management, maintenance, and upkeep of the Capitol
 6272  Center as defined in s. 272.03, are hereby vested in and made
 6273  the direct obligation of the Department of Environmental
 6274  Protection Management Services, which shall have authority to do
 6275  all things necessary to satisfactorily accomplish these
 6276  functions, including the employment of a superintendent of
 6277  grounds and buildings and other employees; the establishment of
 6278  central repair and maintenance shops; and the designation or
 6279  appointment of nonsalaried advisory committees to advise with
 6280  them.
 6281         Section 196. Subsection (2) of section 272.12, Florida
 6282  Statutes, is amended to read:
 6283         272.12 Florida Capitol Center Planning District.—
 6284         (2) The Department of Environmental Protection may
 6285  Management Services is hereby authorized to purchase at fair
 6286  market value any lands or buildings owned by the Department of
 6287  Transportation within the Capitol Center. The Department of
 6288  Environmental Protection Management Services may use any funds
 6289  for this purpose any funds which are available to it at the time
 6290  of the purchase.
 6291         Section 197. Subsection (1) of section 272.121, Florida
 6292  Statutes, is amended to read:
 6293         272.121 Capitol Center long-range planning.—
 6294         (1) The Department of Environmental Protection Management
 6295  Services shall develop a comprehensive and long-range plan for
 6296  the development of state-owned property within the Capitol
 6297  Center. In developing this plan, the department shall consider:
 6298         (a) The most efficient, expeditious, and economical method
 6299  of accomplishing the desired results.
 6300         (b) The architectural and aesthetic coordination of the
 6301  proposed plan with the existing structures.
 6302         (c) The effective utilization of all available space so as
 6303  to minimize waste.
 6304         (d) The plans adopted by the local planning agencies in
 6305  Leon County.
 6306         Section 198. Section 272.122, Florida Statutes, is amended
 6307  to read:
 6308         272.122 Acquisition of land for state buildings and
 6309  facilities in the Capitol Center.—The Department of
 6310  Environmental Protection shall Management Services is hereby
 6311  authorized and directed to acquire both land and buildings now
 6312  needed or to be needed for use, in whole or in part, by state
 6313  government or any agency, board, bureau, or commission thereof.
 6314  However, no building can be constructed or land acquired under
 6315  this section without specific legislative approval. The
 6316  acquisition of the land, buildings, and facilities may be
 6317  financed by grants, by direct appropriations, or by the issuance
 6318  of revenue bonds or certificates pledging the revenues and
 6319  rentals derived from the use of the buildings and facilities.
 6320  The department may of Management Services is expressly
 6321  authorized to issue revenue certificates to carry out the
 6322  purposes of this section. Title to any lands acquired pursuant
 6323  to this section shall be vested in the Board of Trustees of the
 6324  Internal Improvement Trust Fund for the use and benefit of the
 6325  State of Florida.
 6326         Section 199. Section 272.124, Florida Statutes, is amended
 6327  to read:
 6328         272.124 Department of Management Services; Power to
 6329  contract.—The Department of Environmental Protection may
 6330  Management Services is authorized and empowered to make and
 6331  enter into any contract or agreement, with any person or agency,
 6332  public or private, to lease, buy, acquire, construct, hold, or
 6333  dispose of real and personal property necessary to carry out the
 6334  objects and purposes of this chapter. act; However, no contract
 6335  may be entered into without specific authorization of the
 6336  Legislature for the project. Lands shall be acquired by the
 6337  department in accordance with acquisition procedures for state
 6338  lands provided for in s. 253.025.
 6339         Section 200. Subsection (3) of section 272.129, Florida
 6340  Statutes, is amended to read:
 6341         272.129 Florida Historic Capitol; space allocation;
 6342  maintenance, repair, and security.—
 6343         (3) Custodial and preventive maintenance and repair of the
 6344  entire Historic Capitol and the grounds located adjacent thereto
 6345  are shall be the responsibility of the Department of
 6346  Environmental Protection Management Services, subject to the
 6347  special requirements of the building as determined by the
 6348  Capitol Curator.
 6349         Section 201. Subsections (1) and (4) of section 272.16,
 6350  Florida Statutes, are amended to read:
 6351         272.16 Parking areas within Capitol Center area.—
 6352         (1) The Department of Environmental Protection Management
 6353  Services may assign parking areas within the Capitol Center area
 6354  to a state agency for its own use or for reassignment to state
 6355  officers and employees employed in Tallahassee; however, parking
 6356  areas must be provided for members of the Legislature during
 6357  sessions of the Legislature, regular and extraordinary. Not more
 6358  than 15 percent of the said parking areas may be set aside for
 6359  the use of persons temporarily visiting or attending to business
 6360  in the Capitol Center area who reside beyond the territorial
 6361  limits of the City of Tallahassee. Any remaining portion of the
 6362  parking areas not assigned as aforesaid may be limited in period
 6363  of time for use. However, the department may not of Management
 6364  Services shall have no power to assign parking spaces in the
 6365  legislative office buildings, nor shall those spaces and spaces
 6366  in the parking facility within the Capitol Building which are
 6367  allocated to the Legislature be included under the provisions of
 6368  this section and s. 272.161(1), except as provided in subsection
 6369  (2) of this section.
 6370         (4) The Department of Environmental Protection Management
 6371  Services shall adopt such rules as are necessary to carry out
 6372  the purposes of subsections (1) and (3).
 6373         Section 202. Section 272.161, Florida Statutes, is amended
 6374  to read:
 6375         272.161 Rental of reserved parking spaces.—
 6376         (1)(a) The Department of Environmental Protection
 6377  Management Services may assign a reserved parking space to any
 6378  state employee, qualified state employee car pool, provider of
 6379  essential services to the state, or state agency for
 6380  reassignment to its employees.
 6381         (a) Any state agency assigned a reserved parking space
 6382  shall charge the user of such space, except a qualified state
 6383  employee car pool, a fee in accordance with guidelines
 6384  established by the department.
 6385         (b) Any state agency assigned a reserved parking space that
 6386  which is not rented for a period of 7 consecutive days shall
 6387  return such space to the department for reassignment. All state
 6388  agencies assigned reserved parking spaces must ensure shall
 6389  assure the timely payment of assessed rent to the department.
 6390         (c) Assignments of reserved parking spaces is shall be
 6391  limited to the amount of available parking under the supervision
 6392  of the department. Preference in the assignment of reserved
 6393  parking spaces shall be given qualified state employee car
 6394  pools. A state agency, employee, state employee car pool, or
 6395  provider of essential services may request a reserved parking
 6396  space in a manner prescribed by the department.
 6397         (2) All Employee parking fees are shall be payable by the
 6398  payroll deduction plan, periodically according to the employee’s
 6399  pay schedule, to the Department of Environmental Protection
 6400  Management Services or to the contracting agency.
 6401         (3) All fees collected by the Department of Environmental
 6402  Protection Management Services under the provisions of this
 6403  section shall be deposited in the Supervision Trust Fund. The
 6404  department shall account for the revenues and expenditures
 6405  related to the paid parking program in compliance with the
 6406  provisions of s. 215.32(2)(b). The revenues collected from
 6407  parking fees shall be used for the maintenance, minor
 6408  construction, enforcement, security, and administration of
 6409  parking facilities and programs.
 6410         (4) The Department of Environmental Protection Management
 6411  Services shall adopt such rules as are necessary to carry out
 6412  the purposes of this section. The department shall establish
 6413  guidelines for qualifying as a state employee car pool and for
 6414  the preferential assignment of reserved spaces to car pools.
 6415         (5) The Department of Environmental Protection Management
 6416  Services shall establish fees on all state-owned reserved
 6417  parking spaces, except those assigned to qualified state
 6418  employee car pools, under the jurisdiction of the department.
 6419  The department shall also issue loading zone permits and
 6420  scramble parking permits for a fee sufficient to cover the cost
 6421  of administering the permits and maintaining the parking areas.
 6422         (6) The Department of Environmental Protection may
 6423  Management Services shall have the authority to remove or tow
 6424  away, or cause to be removed or towed away, any wrongfully
 6425  parked vehicle in any assigned or reserved parking space or area
 6426  under the control of the department of Management Services
 6427  throughout the state at the expense of the owner of the
 6428  wrongfully parked vehicle.
 6429         Section 203. Paragraph (a) of subsection (1) and paragraphs
 6430  (b) and (c) of subsection (2) of section 272.18, Florida
 6431  Statutes, are amended to read:
 6432         272.18 Governor’s Mansion Commission.—
 6433         (1)(a) There is created within the Department of Management
 6434  Services A Governor’s Mansion Commission to be composed of seven
 6435  eight members is created within the Department of Environmental
 6436  Protection. Five members shall be private citizens appointed by
 6437  the Governor and subject to confirmation by the Senate; one
 6438  member shall be the Secretary of Management Services or his or
 6439  her designee; one member shall be the director of the Division
 6440  of Recreation and Parks of the Department of Environmental
 6441  Protection; and one member shall be designated by the Secretary
 6442  of State and shall be an employee of the Department of State
 6443  with curatorial and museum expertise. The Governor shall appoint
 6444  all citizen members for 4-year terms. The Governor shall fill
 6445  vacancies for the remainder of unexpired terms. The spouse of
 6446  the Governor or the designated representative of the Governor
 6447  shall be an ex officio member of the commission but shall have
 6448  no voting rights except in the case of a tie vote.
 6449         (2)
 6450         (b) The commission shall obtain clerical, expert,
 6451  technical, or other services from the Department of
 6452  Environmental Protection Management Services as the commission
 6453  requires to carry out the purposes of this section.
 6454         (c) Members of the commission shall serve without
 6455  compensation or honorarium but are shall be entitled to receive
 6456  reimbursement for per diem and travel expenses as provided in s.
 6457  112.061. All expenses of the commission shall be paid from
 6458  appropriations to be made by the Legislature to the Department
 6459  of Environmental Protection Management Services for that
 6460  purpose. The commission shall submit its budgetary requests to
 6461  the department of Management Services for approval and inclusion
 6462  in the legislative budget request of the department. All
 6463  vouchers must shall be approved by the secretary of the
 6464  department of Management Services before being submitted to the
 6465  Chief Financial Officer for payment.
 6466         Section 204. Section 272.185, Florida Statutes, is amended
 6467  to read:
 6468         272.185 Maintenance of Governor’s Mansion by Department of
 6469  Management Services.—
 6470         (1) The Department of Environmental Protection Management
 6471  Services shall maintain all structures, furnishings, equipment,
 6472  and grounds of the Governor’s Mansion, except that the exterior
 6473  facades; the landscaping of the grounds; the antique furnishings
 6474  in the private quarters; the interiors of the state rooms; and
 6475  the articles of furniture, fixtures, and decorative objects used
 6476  or displayed in the state rooms shall be maintained pursuant to
 6477  the directives of the Governor’s Mansion Commission.
 6478         (2) The Department of Environmental Protection shall insure
 6479  the Governor’s Mansion, its contents, and all structures and
 6480  appurtenances thereto with the State Risk Management Trust Fund
 6481  as provided in s. 284.01. The department may purchase any
 6482  necessary insurance either by a primary insurance contract,
 6483  excess coverage insurance, or reinsurance to cover the contents
 6484  of the mansion, whether title of the contents is in the state or
 6485  in any other person or entity not a resident of the mansion,
 6486  notwithstanding the provision of s. 287.025.
 6487         (3) The Department of Environmental Protection may shall
 6488  have authority to contract and be contracted with for work and
 6489  materials required.
 6490         (4) The Department of Environmental Protection shall keep a
 6491  continuing and accurate inventory of all equipment and
 6492  furnishings.
 6493         Section 205. Subsection (4) of section 273.055, Florida
 6494  Statutes, is amended to read:
 6495         273.055 Disposition of state-owned tangible personal
 6496  property.—
 6497         (4) Each custodian shall adopt guidelines or administrative
 6498  rules and regulations pursuant to chapter 120 providing for, but
 6499  not limited to, transferring, warehousing, bidding, destroying,
 6500  scrapping, or other disposing of state-owned tangible personal
 6501  property. However, the approval of the Department of Financial
 6502  Management Services is required before prior to the disposal of
 6503  motor vehicles, watercraft, or aircraft pursuant to ss. 287.15
 6504  and 287.16.
 6505         Section 206. Section 281.02, Florida Statutes, is amended
 6506  to read:
 6507         281.02 Powers and duties of the Department of Management
 6508  Services with respect to Firesafety and security.—The Department
 6509  of Environmental Protection Management Services has the
 6510  following powers and duties with respect to firesafety and
 6511  security:
 6512         (1) To Assist the State Fire Marshal in maintaining the
 6513  firesafety of public buildings pursuant to s. 633.085.
 6514         (2) To Make provision by rule, contract, lease, or
 6515  interagency agreement for the security of all state-owned
 6516  property leased from the department of Management Services,
 6517  excluding state universities and custodial institutions, the
 6518  Capitol Complex, the Governor’s mansion and the grounds thereof,
 6519  and the Supreme Court. For these purposes, security includes
 6520  shall include the safety and security of occupants and visitors
 6521  to state-owned property, appropriate law enforcement response to
 6522  complaints relating to criminal activity or security threats,
 6523  the development of emergency procedures and evacuation routes in
 6524  the event of fire or disaster, and ensuring that such procedures
 6525  and routes are known to those persons occupying such property.
 6526         (3) To Employ guards and administrative, clerical,
 6527  technical, and other personnel as may be required.
 6528         (4) To Train employees and make provision for the training
 6529  of agents, guards, and employees of tenant agencies in security
 6530  and emergency procedures.
 6531         (5) To Make provision for the enforcement of rules
 6532  governing the regulation of traffic and parking on state-owned
 6533  property, including, but not limited to, issuing citations for
 6534  the violation of such rules or the traffic laws of the state or
 6535  any county or municipality and impounding illegally or
 6536  wrongfully parked vehicles.
 6537         (6) To Delegate or assign duties and responsibilities
 6538  furthering the provision of security as required and authorized
 6539  by this section to any state agency occupying such state-owned
 6540  property. Security requirements may be included in lease
 6541  agreements or established by department rule.
 6542         Section 207. Section 281.03, Florida Statutes, is amended
 6543  to read:
 6544         281.03 Incident reports and record retention.—The
 6545  Department of Environmental Protection Management Services shall
 6546  provide make provision for the collection and retention of
 6547  copies of reports relating to criminal activity or other safety
 6548  related and security-related incidents occurring on state-owned
 6549  property for use in ongoing security planning and to fulfill its
 6550  responsibilities under s. 281.02.
 6551         Section 208. Section 281.06, Florida Statutes, is amended
 6552  to read:
 6553         281.06 Contracts with counties, municipalities, or licensed
 6554  private security agencies.—The Department of Environmental
 6555  Protection Management Services may contract with any county,
 6556  municipality, or licensed private security agency to provide and
 6557  maintain the security of state-owned property, and the safety
 6558  and security of occupants and visitors thereof, pursuant to ss.
 6559  281.02-281.08 upon such terms as the department deems may deem
 6560  to be in the best interest of the state.
 6561         Section 209. Subsection (1) of section 281.07, Florida
 6562  Statutes, is amended to read:
 6563         281.07 Rules; Facilities Program; traffic regulation.—
 6564         (1) The Department of Environmental Protection Management
 6565  Services shall adopt and promulgate rules to govern the
 6566  administration, operation, and management of the Facilities
 6567  Program and to regulate traffic and parking on state-owned
 6568  property, including the Capitol Complex, which may rules are not
 6569  in conflict with any state law or county or municipal ordinance,
 6570  and to carry out the provisions of ss. 281.02-281.08.
 6571         Section 210. Section 281.08, Florida Statutes, is amended
 6572  to read:
 6573         281.08 Equipment.—The Department of Environmental
 6574  Protection may Management Services is specifically authorized to
 6575  purchase, sell, trade, rent, lease, and maintain all necessary
 6576  equipment, motor vehicles, communication systems, housing
 6577  facilities, and office space, and perform any other acts
 6578  necessary for the proper administration of ss. 281.02-281.08,
 6579  pursuant to part I of chapter 287.
 6580         Section 211. Subsection (12) of section 282.0041, Florida
 6581  Statutes, is amended to read:
 6582         282.0041 Definitions.—As used in this chapter, the term:
 6583         (12)“Department” means the Department of Management
 6584  Services.
 6585         Section 212. Section 282.205, Florida Statutes, is amended
 6586  to read:
 6587         282.205 Southwood Shared Resource Center.—The Southwood
 6588  Shared Resource Center is an agency established within the
 6589  Agency for Enterprise Information Technology department for
 6590  administrative purposes only.
 6591         (1) The center is designated as a primary data center and
 6592  shall be a separate budget entity that is not subject to
 6593  control, supervision, or direction of the agency department in
 6594  any manner, including, but not limited to, purchasing,
 6595  transactions involving real or personal property, personnel, or
 6596  budgetary matters.
 6597         (2) The center shall be headed by a board of trustees as
 6598  provided in s. 282.203, who shall comply with all requirements
 6599  of that section related to the operation of the center and with
 6600  the rules of the agency for Enterprise Information Technology
 6601  related to the design and delivery of enterprise information
 6602  technology services.
 6603         Section 213. Section 282.604, Florida Statutes, is amended
 6604  to read:
 6605         282.604 Adoption of rules.—The Agency for Enterprise
 6606  Information Technology Department of Management Services shall,
 6607  with input from stakeholders, adopt rules pursuant to ss.
 6608  120.536(1) and 120.54 for the development, procurement,
 6609  maintenance, and use of accessible electronic information
 6610  technology by governmental units.
 6611         Section 214. Section 282.702, Florida Statutes, is amended
 6612  to read:
 6613         282.702 Powers and duties.—The Agency for Enterprise
 6614  Information Technology Department of Management Services shall
 6615  have the following powers, duties, and functions:
 6616         (1) To publish electronically the portfolio of services
 6617  available from the department, including pricing information;
 6618  the policies and procedures of the state communications network
 6619  governing usage of available services; and a forecast of the
 6620  priorities and initiatives for the state communications system
 6621  for the ensuing 2 years.
 6622         (2) To adopt technical standards for the state
 6623  communications network which will ensure the interconnection of
 6624  computer networks and information systems of agencies.
 6625         (3) To enter into agreements related to information
 6626  technology with state agencies and political subdivisions of the
 6627  state.
 6628         (4) To purchase from or contract with information
 6629  technology providers for information technology, including
 6630  private line services.
 6631         (5) To apply for, receive, and hold such authorizations,
 6632  patents, copyrights, trademarks, service marks, licenses, and
 6633  allocations or channels and frequencies to carry out the
 6634  purposes of this part.
 6635         (6) To purchase, lease, or otherwise acquire and to hold,
 6636  sell, transfer, license, or otherwise dispose of real, personal,
 6637  and intellectual property, including, but not limited to,
 6638  patents, trademarks, copyrights, and service marks.
 6639         (7) To cooperate with any federal, state, or local
 6640  emergency management agency in providing for emergency
 6641  communications services.
 6642         (8) To control and approve the purchase, lease, or
 6643  acquisition and the use of communications services provided as
 6644  part of any other total system to be used by the state or any of
 6645  its agencies.
 6646         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
 6647  relating to communications and to administer the provisions of
 6648  this part.
 6649         (10) To apply for and accept federal funds for any of the
 6650  purposes of this part as well as gifts and donations from
 6651  individuals, foundations, and private organizations.
 6652         (11) To monitor issues relating to communications
 6653  facilities and services before the Florida Public Service
 6654  Commission and, when necessary, prepare position papers, prepare
 6655  testimony, appear as a witness, and retain witnesses on behalf
 6656  of state agencies in proceedings before the commission.
 6657         (12) Unless delegated to the state agencies by the Agency
 6658  for Enterprise Information Technology department, to manage and
 6659  control, but not intercept or interpret, communications within
 6660  the SUNCOM Network by:
 6661         (a) Establishing technical standards to physically
 6662  interface with the SUNCOM Network.
 6663         (b) Specifying how communications are transmitted within
 6664  the SUNCOM Network.
 6665         (c) Controlling the routing of communications within the
 6666  SUNCOM Network.
 6667         (d) Establishing standards, policies, and procedures for
 6668  access to the SUNCOM Network.
 6669         (e) Ensuring orderly and reliable communications services
 6670  in accordance with the service level agreements executed with
 6671  state agencies.
 6672         (13) To plan, design, and conduct experiments for
 6673  communications services, equipment, and technologies, and to
 6674  implement enhancements in the state communications network if
 6675  when in the public interest and cost-effective. Funding for such
 6676  experiments shall be derived from SUNCOM Network service
 6677  revenues and may shall not exceed 2 percent of the annual budget
 6678  for the SUNCOM Network for any fiscal year or as provided in the
 6679  General Appropriations Act. New services offered as a result of
 6680  this subsection may shall not affect existing rates for
 6681  facilities or services.
 6682         (14) To enter into contracts or agreements, with or without
 6683  competitive bidding or procurement, to make available, on a
 6684  fair, reasonable, and nondiscriminatory basis, property and
 6685  other structures under the Agency for Enterprise Information
 6686  Technology’s departmental control for the placement of new
 6687  facilities by any wireless provider of mobile service as defined
 6688  in 47 U.S.C. s. 153(27) or s. 332(d) and any telecommunications
 6689  company as defined in s. 364.02 if when it is determined to be
 6690  practical and feasible to make such property or other structures
 6691  available. The agency department may, without adopting a rule,
 6692  charge a just, reasonable, and nondiscriminatory fee for the
 6693  placement of the facilities, payable annually, based on the fair
 6694  market value of space used by comparable communications
 6695  facilities in the state. The agency department and a wireless
 6696  provider or telecommunications company may negotiate the
 6697  reduction or elimination of a fee in consideration of services
 6698  provided to the agency department by the wireless provider or
 6699  telecommunications company. All such fees collected by the
 6700  department shall be deposited directly into the Law Enforcement
 6701  Radio Operating Trust Fund, and may be used by the agency
 6702  department to construct, maintain, or support the system.
 6703         Section 215. Section 282.703, Florida Statutes, is amended
 6704  to read:
 6705         282.703 SUNCOM Network; exemptions from the required use.—
 6706         (1) There is created within the department The SUNCOM
 6707  Network is created within the Agency for Enterprise Information
 6708  Technology as, which shall be developed to serve as the state
 6709  communications system for providing local and long-distance
 6710  communications services to state agencies, political
 6711  subdivisions of the state, municipalities, state universities,
 6712  and nonprofit corporations pursuant to this part. The SUNCOM
 6713  Network shall be developed to transmit all types of
 6714  communications signals, including, but not limited to, voice,
 6715  data, video, image, and radio. State agencies shall cooperate
 6716  and assist in the development and joint use of communications
 6717  systems and services.
 6718         (2) The agency department shall design, engineer,
 6719  implement, manage, and operate through state ownership,
 6720  commercial leasing, or some combination thereof, the facilities
 6721  and equipment providing SUNCOM Network services, and shall
 6722  develop a system of equitable billings and charges for
 6723  communication services.
 6724         (3) All state agencies and state universities shall use the
 6725  SUNCOM Network for agency and state university communications
 6726  services as the services become available; however, no agency or
 6727  university is relieved of responsibility for maintaining
 6728  communications services necessary for effective management of
 6729  its programs and functions. If a SUNCOM Network service does not
 6730  meet the communications requirements of an agency or university,
 6731  the agency or university shall notify the Agency for Enterprise
 6732  Information Technology department in writing and detail the
 6733  requirements for that communications service. If the agency
 6734  department is unable to meet an agency’s or university’s
 6735  requirements by enhancing SUNCOM Network service, the agency
 6736  department may grant the agency or university an exemption from
 6737  the required use of specified SUNCOM Network services.
 6738         Section 216. Section 282.704, Florida Statutes, is amended
 6739  to read:
 6740         282.704 Use of state SUNCOM Network by municipalities.—Any
 6741  municipality may request the Agency for Enterprise Information
 6742  Technology department to provide any or all of the SUNCOM
 6743  Network’s portfolio of communications services upon such terms
 6744  and conditions as the agency department may establish. The
 6745  requesting municipality shall pay its share of installation and
 6746  recurring costs according to the published rates for SUNCOM
 6747  Network services and as invoiced by the agency department. Such
 6748  municipality shall also pay for any requested modifications to
 6749  existing SUNCOM Network services, if any charges apply.
 6750         Section 217. Section 282.705, Florida Statutes, is amended
 6751  to read:
 6752         282.705 Use of state SUNCOM Network by nonprofit
 6753  corporations.—
 6754         (1) The Agency for Enterprise Information Technology
 6755  department shall provide a means whereby private nonprofit
 6756  corporations under contract with state agencies or political
 6757  subdivisions of the state may use the state SUNCOM Network,
 6758  subject to the limitations in this section. In order to qualify
 6759  to use the state SUNCOM Network, a nonprofit corporation shall:
 6760         (a) Expend the majority of its total direct revenues for
 6761  the provision of contractual services to the state, a
 6762  municipality, or a political subdivision; and
 6763         (b) Receive only a small portion of its total revenues from
 6764  any source other than a state agency, a municipality, or a
 6765  political subdivision during the time SUNCOM Network services
 6766  are requested.
 6767         (2) Each nonprofit corporation seeking authorization to use
 6768  the state SUNCOM Network shall provide to the agency department,
 6769  upon request, proof of compliance with subsection (1).
 6770         (3) Nonprofit corporations established pursuant to general
 6771  law and an association of municipal governments which is wholly
 6772  owned by the municipalities are eligible to use the state SUNCOM
 6773  Network, subject to the terms and conditions of the agency
 6774  department.
 6775         (4) Institutions qualified to participate in the William L.
 6776  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 6777  1009.89 may are eligible to use the state SUNCOM Network,
 6778  subject to the terms and conditions of the agency department.
 6779  Such entities are not required to satisfy the other criteria of
 6780  this section.
 6781         (5) Private, nonprofit elementary and secondary schools are
 6782  eligible for rates and services on the same basis as public
 6783  schools if such schools do not have an endowment in excess of
 6784  $50 million.
 6785         Section 218. Section 282.706, Florida Statutes, is amended
 6786  to read:
 6787         282.706 Use of SUNCOM Network by libraries.—The Agency for
 6788  Enterprise Information Technology department may provide SUNCOM
 6789  Network services to any library in the state, including
 6790  libraries in public schools, community colleges, state
 6791  universities, and nonprofit private postsecondary educational
 6792  institutions, and libraries owned and operated by municipalities
 6793  and political subdivisions.
 6794         Section 219. Section 282.707, Florida Statutes, is amended
 6795  to read:
 6796         282.707 SUNCOM Network; criteria for usage.—
 6797         (1) The Agency for Enterprise Information Technology
 6798  department shall periodically review the qualifications of
 6799  subscribers using the state SUNCOM Network and shall terminate
 6800  services provided to any facility not qualified under this part
 6801  or rules adopted hereunder. In the event of nonpayment of
 6802  invoices by subscribers whose SUNCOM Network invoices are paid
 6803  from sources other than legislative appropriations, such
 6804  nonpayment represents good and sufficient reason to terminate
 6805  service.
 6806         (2) The agency department shall adopt rules for
 6807  implementing and operating the state SUNCOM Network, which
 6808  include procedures for withdrawing and restoring authorization
 6809  to use the state SUNCOM Network. Such rules must shall provide a
 6810  minimum of 30 days’ notice to affected parties before
 6811  terminating voice communications service.
 6812         (3) This section does not limit or restrict the ability of
 6813  the Florida Public Service Commission to set jurisdictional
 6814  tariffs of telecommunications companies.
 6815         Section 220. Section 282.709, Florida Statutes, is amended
 6816  to read:
 6817         282.709 State agency law enforcement radio system and
 6818  interoperability network.—
 6819         (1) The Department of Law Enforcement may acquire and
 6820  administer a statewide radio communications system to serve law
 6821  enforcement units of state agencies, and to serve local law
 6822  enforcement agencies through mutual aid channels.
 6823         (a) The department shall, in conjunction with the
 6824  Department of Law Enforcement and the Division of Emergency
 6825  Management of the Department of Community Affairs, establish
 6826  policies, procedures, and standards to be incorporated into a
 6827  comprehensive management plan for the use and operation of the
 6828  statewide radio communications system.
 6829         (b) The department shall bear the overall responsibility
 6830  for the design, engineering, acquisition, and implementation of
 6831  the statewide radio communications system and for ensuring the
 6832  proper operation and maintenance of all common system equipment.
 6833         (c)1. The department may rent or lease space on any tower
 6834  under its control and refuse to lease space on any tower at any
 6835  site.
 6836         2. The department may rent, lease, or sublease ground space
 6837  as necessary to locate equipment to support antennae on the
 6838  towers. The costs for the use of such space shall be established
 6839  by the department for each site if it is determined to be
 6840  practicable and feasible to make space available.
 6841         3. The department may rent, lease, or sublease ground space
 6842  on lands acquired by the department for the construction of
 6843  privately owned or publicly owned towers. The department may, as
 6844  a part of such rental, lease, or sublease agreement, require
 6845  space on such towers for antennae as necessary for the
 6846  construction and operation of the state agency law enforcement
 6847  radio system or any other state need.
 6848         4. All moneys collected by the department for rents,
 6849  leases, and subleases under this subsection shall be deposited
 6850  directly into the State Agency Law Enforcement Radio System
 6851  Trust Fund established in subsection (3) and may be used by the
 6852  department to construct, maintain, or support the system.
 6853         5. The positions necessary for the department to accomplish
 6854  its duties under this subsection shall be established in the
 6855  General Appropriations Act and funded by the Law Enforcement
 6856  Radio Operating Trust Fund or other revenue sources.
 6857         (d) The department shall exercise its powers and duties
 6858  under this part to plan, manage, and administer the mutual aid
 6859  channels in the statewide radio communication system.
 6860         1. In implementing such powers and duties, the department
 6861  shall consult and act in conjunction with the Department of Law
 6862  Enforcement and the Division of Emergency Management of the
 6863  Department of Community Affairs, and shall manage and administer
 6864  the mutual aid channels in a manner that reasonably addresses
 6865  the needs and concerns of the involved law enforcement agencies
 6866  and emergency response agencies and entities.
 6867         2. The department may make the mutual aid channels
 6868  available to federal agencies, state agencies, and agencies of
 6869  the political subdivisions of the state for the purpose of
 6870  public safety and domestic security.
 6871         (e) The department may allow other state agencies to use
 6872  the statewide radio communications system under terms and
 6873  conditions established by the department.
 6874         (2) The Joint Task Force on State Agency Law Enforcement
 6875  Communications is created adjunct to the department to advise
 6876  the department of member-agency needs relating to the planning,
 6877  designing, and establishment of the statewide communication
 6878  system.
 6879         (a) The Joint Task Force on State Agency Law Enforcement
 6880  Communications shall consist of eight members, as follows:
 6881         1. A representative of the Division of Alcoholic Beverages
 6882  and Tobacco of the Department of Business and Professional
 6883  Regulation who shall be appointed by the secretary of the
 6884  department.
 6885         2. A representative of the Division of Florida Highway
 6886  Patrol of the Department of Highway Safety and Motor Vehicles
 6887  who shall be appointed by the executive director of the
 6888  department.
 6889         3. A representative of the Department of Law Enforcement
 6890  who shall be appointed by the executive director of the
 6891  department.
 6892         4. A representative of the Fish and Wildlife Conservation
 6893  Commission who shall be appointed by the executive director of
 6894  the commission.
 6895         5. A representative of the Division of Law Enforcement of
 6896  the Department of Environmental Protection who shall be
 6897  appointed by the secretary of the department.
 6898         6. A representative of the Department of Corrections who
 6899  shall be appointed by the secretary of the department.
 6900         7. A representative of the Division of State Fire Marshal
 6901  of the Department of Financial Services who shall be appointed
 6902  by the State Fire Marshal.
 6903         8. A representative of the Department of Transportation who
 6904  shall be appointed by the secretary of the department.
 6905         (b) Each appointed member of the joint task force shall
 6906  serve at the pleasure of the appointing official. Any vacancy on
 6907  the joint task force shall be filled in the same manner as the
 6908  original appointment. A joint task force member may, upon
 6909  notification to the chair before the beginning of any scheduled
 6910  meeting, appoint an alternative to represent the member on the
 6911  task force and vote on task force business in his or her
 6912  absence.
 6913         (c) The joint task force shall elect a chair from among its
 6914  members to serve a 1-year term. A vacancy in the chair of the
 6915  joint task force must be filled for the remainder of the
 6916  unexpired term by an election of the joint task force members.
 6917         (d) The joint task force shall meet as necessary, but at
 6918  least quarterly, at the call of the chair and at the time and
 6919  place designated by him or her.
 6920         (e) The per diem and travel expenses incurred by a member
 6921  of the joint task force in attending its meetings and in
 6922  attending to its affairs shall be paid pursuant to s. 112.061,
 6923  from funds budgeted to the state agency that the member
 6924  represents.
 6925         (f) The department shall provide technical support to the
 6926  joint task force.
 6927         (3) The State Agency Law Enforcement Radio System Trust
 6928  Fund is established in the department and funded from surcharges
 6929  collected under ss. 318.18, 320.0802, and 328.72. Upon
 6930  appropriation, moneys in the trust fund may be used by the
 6931  department to acquire by competitive procurement the equipment,
 6932  software, and engineering, administrative, and maintenance
 6933  services it needs to construct, operate, and maintain the
 6934  statewide radio system. Moneys in the trust fund collected as a
 6935  result of the surcharges set forth in ss. 318.18, 320.0802, and
 6936  328.72 shall be used to help fund the costs of the system. Upon
 6937  completion of the system, moneys in the trust fund may also be
 6938  used by the department for payment of the recurring maintenance
 6939  costs of the system.
 6940         (4) The department may create and administer an
 6941  interoperability network to enable interoperability between
 6942  various radio communications technologies and to serve federal
 6943  agencies, state agencies, and agencies of political subdivisions
 6944  of the state for the purpose of public safety and domestic
 6945  security.
 6946         (a) The department shall, in conjunction with the
 6947  Department of Law Enforcement and the Division of Emergency
 6948  Management of the Department of Community Affairs, exercise its
 6949  powers and duties pursuant to this chapter to plan, manage, and
 6950  administer the interoperability network. The office may:
 6951         1. Enter into mutual aid agreements among federal agencies,
 6952  state agencies, and political subdivisions of the state for the
 6953  use of the interoperability network.
 6954         2. Establish the cost of maintenance and operation of the
 6955  interoperability network and charge subscribing federal and
 6956  local law enforcement agencies for access and use of the
 6957  network. The department may not charge state law enforcement
 6958  agencies identified in paragraph (2)(a) to use the network.
 6959         3. In consultation with the Department of Law Enforcement
 6960  and the Division of Emergency Management of the Department of
 6961  Community Affairs, amend and enhance the statewide radio
 6962  communications system as necessary to implement the
 6963  interoperability network.
 6964         (b) The department, in consultation with the Joint Task
 6965  Force on State Agency Law Enforcement Communications, and in
 6966  conjunction with the Department of Law Enforcement and the
 6967  Division of Emergency Management of the Department of Community
 6968  Affairs, shall establish policies, procedures, and standards to
 6969  incorporate into a comprehensive management plan for the use and
 6970  operation of the interoperability network.
 6971         Section 221. Section 282.7101, Florida Statutes, is amended
 6972  to read:
 6973         282.7101 Statewide system of regional law enforcement
 6974  communications.—
 6975         (1) It is the intent and purpose of the Legislature that a
 6976  statewide system of regional law enforcement communications be
 6977  developed whereby maximum efficiency in the use of existing
 6978  radio channels is achieved in order to deal more effectively
 6979  with the apprehension of criminals and the prevention of crime.
 6980  To this end, all law enforcement agencies within the state are
 6981  directed to provide the Department of Law Enforcement with any
 6982  information the department requests for the purpose of
 6983  implementing the provisions of subsection (2).
 6984         (2) The Department of Law Enforcement shall is hereby
 6985  authorized and directed to develop and maintain a statewide
 6986  system of regional law enforcement communications. In
 6987  formulating such a system, the department shall divide the state
 6988  into appropriate regions and shall develop a program that
 6989  includes, but is not limited to:
 6990         (a) The communications requirements for each county and
 6991  municipality comprising the region.
 6992         (b) An interagency communications provision that depicts
 6993  the communication interfaces between municipal, county, and
 6994  state law enforcement entities operating within the region.
 6995         (c) A frequency allocation and use provision that includes,
 6996  on an entity basis, each assigned and planned radio channel and
 6997  the type of operation, simplex, duplex, or half-duplex, on each
 6998  channel.
 6999         (3) The department shall adopt any necessary rules and
 7000  regulations for administering and coordinating the statewide
 7001  system of regional law enforcement communications.
 7002         (4) The executive director secretary of the department or a
 7003  his or her designee shall be is designated as the director of
 7004  the statewide system of regional law enforcement communications
 7005  and, for the purpose of carrying out the provisions of this
 7006  section, may coordinate the activities of the system with other
 7007  interested state agencies and local law enforcement agencies.
 7008         (5) A law enforcement communications system may not be
 7009  established or expanded without the prior approval of the
 7010  department.
 7011         (6)Within the limits of its capability, the Department of
 7012  Law Enforcement is encouraged to lend assistance to the
 7013  department in the development of the statewide system of
 7014  regional law enforcement communications proposed by this
 7015  section.
 7016         Section 222. Section 282.711, Florida Statutes, is amended
 7017  to read:
 7018         282.711 Remote electronic access services.—The Agency for
 7019  Enterprise Information Technology department may collect fees
 7020  for providing remote electronic access pursuant to s. 119.07(2).
 7021  The fees may be imposed on individual transactions or as a fixed
 7022  subscription for a designated period of time. All fees collected
 7023  under this section shall be deposited in the appropriate trust
 7024  fund of the program or activity that made the remote electronic
 7025  access available.
 7026         Section 223. Subsections (2) through (6) of section 283.30,
 7027  Florida Statutes, are amended to read:
 7028         283.30 Definitions.—As used in this part, unless the
 7029  context clearly requires otherwise, the term:
 7030         (2)“Department” means the Department of Management
 7031  Services.
 7032         (2)(3) “Duplicating” means the process of reproducing an
 7033  image or images from an original to a final substrate through
 7034  the electrophotographic, xerographic, laser, or offset process
 7035  or any combination of these processes, by which an operator can
 7036  make more than one copy without rehandling the original.
 7037         (3)(4) “Printing” means is the transfer of an image or
 7038  images by the use of ink or similar substance from an original
 7039  image to the final substrate through the process of letterpress,
 7040  offset lithography, gravure, screen printing, or engraving.
 7041  Printing includes shall include the process of and the materials
 7042  used in binding. Printing shall also includes include
 7043  duplicating when used to produce publications.
 7044         (4)(5) “Public” means those entities and persons other than
 7045  subordinate and functionally related or connected federal,
 7046  state, or local governmental agencies.
 7047         (5)(6) “Publication” means any document, whether produced
 7048  for public or internal distribution.
 7049         Section 224. Subsection (3) of section 283.32, Florida
 7050  Statutes, is amended to read:
 7051         283.32 Recycled paper to be used by each agency; printing
 7052  bids certifying use of recycled paper; percentage preference in
 7053  awarding contracts.—
 7054         (3) Upon the evaluation of bids for each printing contract,
 7055  the agency shall identify the lowest responsive bid and any
 7056  other responsive bids in which it has been certified that the
 7057  materials used in printing contain at least the minimum
 7058  percentage of recycled content that is set forth by the
 7059  Department of Financial Services. In awarding a contract for
 7060  printing, the agency may allow up to a 10-percent price
 7061  preference, as provided in s. 287.045, to a responsible and
 7062  responsive vendor that has certified that the materials used in
 7063  printing contain at least the minimum percentage of recycled
 7064  content established by the department. If no vendors offer
 7065  materials for printing that contain the minimum prescribed
 7066  recycled content, the contract shall be awarded to the
 7067  responsible vendor that submits the lowest responsive bid.
 7068         Section 225. Subsection (2) of section 284.01, Florida
 7069  Statutes, is amended to read:
 7070         284.01 State Risk Management Trust Fund; coverages to be
 7071  provided.—
 7072         (2) The fund shall insure all buildings, whether financed
 7073  in whole or in part by revenue bonds or certificates, and the
 7074  contents thereof or of any other buildings leased or rented by
 7075  the state. For the purpose of this section, all manufactured
 7076  homes and contents, whether permanently affixed to realty or
 7077  otherwise, are included. Rental value insurance shall also be
 7078  provided to indemnify the state or any of its agencies for loss
 7079  of income if when such rental income insurance is required to be
 7080  carried by the terms of any bonding or revenue certificates or
 7081  resolutions. Rental value insurance must shall also be provided
 7082  to indemnify the state or any of its agencies for loss of income
 7083  from those buildings operated and maintained by the Department
 7084  of Environmental Protection Management Services from the
 7085  Supervision Trust Fund.
 7086         Section 226. Section 284.04, Florida Statutes, is amended
 7087  to read:
 7088         284.04 Notice and information required by Department of
 7089  Financial Services of all Newly erected or acquired state
 7090  property subject to insurance.—The Department of Environmental
 7091  Protection Management Services and all agencies in charge of
 7092  state property shall notify the Department of Financial Services
 7093  of all newly erected or acquired property subject to coverage as
 7094  soon as erected or acquired, giving its value, type of
 7095  construction, location, whether inside or outside of corporate
 7096  limits, occupancy, and any other information the Department of
 7097  Financial Services may require in connection with such property.
 7098  Such department or agency shall also immediately notify the
 7099  Department of Financial Services immediately of any change in
 7100  value or occupancy of any property covered by the fund. Unless
 7101  the above data is submitted in writing within a reasonable time
 7102  following such erection, acquisition, or change, the Department
 7103  of Financial Services shall provide insurance coverage to the
 7104  extent shown by the last notification in writing to the fund or
 7105  in accordance with the last valuation shown by fund records. In
 7106  case of disagreement between the Department of Financial
 7107  Services and the agency or person in charge of any covered state
 7108  property as to its true value, the amount of the insurance to be
 7109  carried thereon, the proper premium rate or rates, or amount of
 7110  loss settlement, the matter in disagreement shall be determined
 7111  by the Department of Environmental Protection Management
 7112  Services.
 7113         Section 227. Section 284.05, Florida Statutes, is amended
 7114  to read:
 7115         284.05 Inspection of insured state property.—The Department
 7116  of Financial Services shall inspect all permanent buildings
 7117  insured by the State Risk Management Trust Fund, and whenever
 7118  conditions are found to exist which, in the opinion of the
 7119  Department of Financial Services, conditions are found to exist
 7120  which are hazardous from the standpoint of destruction by fire
 7121  or other loss, the department of Financial Services may order
 7122  the same repaired or remedied, and the agency, board, or person
 7123  in charge of such property must immediately repair or remedy is
 7124  required to have such dangerous conditions immediately repaired
 7125  or remedied upon written notice from the department of Financial
 7126  Services of the such hazardous conditions. Such amounts as may
 7127  be necessary to comply with such notice or notices shall be paid
 7128  by the Department of Environmental Protection Management
 7129  Services or by the agency, board, or person in charge of such
 7130  property out of any moneys appropriated for the maintenance of
 7131  the respective agency or for the repairs or permanent
 7132  improvement of such properties or from any incidental or
 7133  contingent funds they may have on hand. If there is In the event
 7134  of a disagreement between the Department of Financial Services
 7135  and the agency, board, or person having charge of such property
 7136  as to the necessity of the repairs or remedies ordered, the
 7137  matter in disagreement shall be determined by the Department of
 7138  Environmental Protection Management Services.
 7139         Section 228. Section 284.08, Florida Statutes, is amended
 7140  to read:
 7141         284.08 Reinsurance on excess coverage and approval by
 7142  Department of Management Services.—The Department of Financial
 7143  Services shall determine what excess coverage is necessary and
 7144  may purchase reinsurance thereon upon approval by the Department
 7145  of Management Services.
 7146         Section 229. Subsection (1) of section 284.33, Florida
 7147  Statutes, is amended to read:
 7148         284.33 Purchase of insurance, reinsurance, and services.—
 7149         (1) The Department of Financial Services shall is
 7150  authorized to provide insurance, specific excess insurance, and
 7151  aggregate excess insurance through the Department of Management
 7152  Services, pursuant to the provisions of part I of chapter 287,
 7153  as necessary to provide insurance coverages authorized by this
 7154  part, consistent with market availability. However, The
 7155  department of Financial Services may directly purchase annuities
 7156  by using a structured settlement insurance consulting firm
 7157  selected by the department to assist in the settlement of claims
 7158  being handled by the Division of Risk Management. The selection
 7159  of the structured settlement insurance services consultant shall
 7160  be made by using competitive sealed proposals. The consulting
 7161  firm shall act as an agent of record for the department in
 7162  procuring the best annuity products available to facilitate
 7163  structured settlement of claims, considering price, insurer
 7164  financial strength, and the best interests of the state risk
 7165  management program. Purchase of annuities by the department
 7166  using a structured settlement method is excepted from
 7167  competitive sealed bidding or proposal requirements. The
 7168  department may also of Financial Services is further authorized
 7169  to purchase such risk management services, including, but not
 7170  limited to, risk and claims control; safety management; and
 7171  legal, investigative, and adjustment services, as may be
 7172  required and pay claims. The department may contract with a
 7173  service organization for such services and advance money to such
 7174  service organization for deposit in a special checking account
 7175  for paying claims made against the state under the provisions of
 7176  this part. The special checking account shall be maintained in
 7177  this state in a bank or savings association organized under the
 7178  laws of this state or of the United States. The department may
 7179  replenish such account as often as necessary upon the
 7180  presentation by the service organization of documentation for
 7181  payments of claims equal to the amount of the requested
 7182  reimbursement.
 7183         Section 230. Section 284.385, Florida Statutes, is amended
 7184  to read:
 7185         284.385 Reporting and handling of claims.—All departments
 7186  covered by the State Risk Management Trust Fund under this part
 7187  shall immediately report all known or potential claims to the
 7188  Department of Financial Services for handling, except employment
 7189  complaints which have not been filed with the Florida Human
 7190  Relations Commission, Equal Employment Opportunity Commission,
 7191  or any similar agency. If When deemed necessary, the Department
 7192  of Financial Services shall assign or reassign the claim to
 7193  counsel. The assigned counsel shall report regularly to the
 7194  Department of Financial Services or to the covered department on
 7195  the status of any such claims or litigation as required by the
 7196  Department of Financial Services. A No such claim may not shall
 7197  be compromised or settled for monetary compensation without the
 7198  prior approval of the Department of Financial Services and prior
 7199  notification to the covered department. All departments shall
 7200  cooperate with the Department of Financial Services in its
 7201  handling of claims. The Department of Financial Services and the
 7202  Department of Management Services, with the cooperation of the
 7203  state attorneys and the clerks of the courts, shall develop a
 7204  system to coordinate the exchange of information concerning
 7205  claims for and against the state, its agencies, and its
 7206  subdivisions, to assist in collection of amounts due to them.
 7207  The covered department shall have the responsibility for the
 7208  settlement of any claim for injunctive or affirmative relief
 7209  under 42 U.S.C. s. 1983 or similar federal or state statutes.
 7210  The payment of a settlement or judgment for any claim covered
 7211  and reported under this part shall be made only from the State
 7212  Risk Management Trust Fund.
 7213         Section 231. Section 284.42, Florida Statutes, is amended
 7214  to read:
 7215         284.42 Reports on state insurance program.—
 7216         (1) The Department of Financial Services, with the
 7217  Department of Management Services, shall make an analysis of the
 7218  state insurance program annually, which includes shall include:
 7219         (a) Complete underwriting information as to the nature of
 7220  the risks accepted for self-insurance and those risks that are
 7221  transferred to the insurance market.
 7222         (b) The funds allocated to the Florida Casualty Risk
 7223  Management Trust Fund and premiums paid for insurance through
 7224  the market.
 7225         (c) The method of handling legal matters and the cost
 7226  allocated.
 7227         (d) The method and cost of handling inspection and
 7228  engineering of risks.
 7229         (e) The cost of risk management service purchased.
 7230         (f) The cost of managing the State Insurance Program by the
 7231  Department of Financial Services and the Department of
 7232  Management Services.
 7233         (2) The department departments shall make available
 7234  complete claims history including description of loss, claims
 7235  paid and reserved, and the cost of all claims handled by the
 7236  state.
 7237         Section 232. Section 285.06, Florida Statutes, is amended
 7238  to read:
 7239         285.06 State Indian Reservation.—If When, as the result of
 7240  the exchanges provided for in ss. 285.04 and 285.05, there shall
 7241  have been established a reservation that has been established
 7242  for the Indians by the United States in Florida, the State
 7243  Seminole Indian Reservation in Monroe County, created by chapter
 7244  7310, Acts of 1917, is shall be withdrawn and returned to the
 7245  Board of Trustees of the Internal Improvement Trust Fund,; and
 7246  thereupon the board of trustees of the Internal Improvement
 7247  Trust Fund shall set aside a tract of land of approximately
 7248  equal size and of suitable character, adjacently located, as
 7249  nearly as may be, to the reservation to be established by the
 7250  United States; and said lands, when so set aside, shall
 7251  constitute the State Indian Reservation and shall be held in
 7252  trust by the Department of Environmental Protection Management
 7253  Services for the perpetual benefit of the Indians and as a
 7254  reservation for them.
 7255         Section 233. Subsection (4) of section 285.14, Florida
 7256  Statutes, is amended to read:
 7257         285.14 Board of Trustees of the Internal Improvement Trust
 7258  Fund as trustee to accept donations of and acquire property for
 7259  Indians.—
 7260         (4) The Department of Environmental Protection Management
 7261  Services, the State Board of Education, and any other state
 7262  board or agency having title to lands or having lands under
 7263  their jurisdiction, management, or control, may in their
 7264  discretion convey and transfer to the board of trustees the
 7265  title to such any of said lands in trust for the use and benefit
 7266  of said Indians.
 7267         Section 234. Subsections (1) and (3) of section 286.29,
 7268  Florida Statutes, are amended to read:
 7269         286.29 Climate-friendly public business.—The Legislature
 7270  recognizes the importance of leadership by state government in
 7271  the area of energy efficiency and in reducing the greenhouse gas
 7272  emissions of state government operations. The following shall
 7273  pertain to all state agencies when conducting public business:
 7274         (1) The Department of Financial Management Services shall
 7275  develop the “Florida Climate-Friendly Preferred Products List.”
 7276  In maintaining that list, the department, in consultation with
 7277  the Department of Environmental Protection, shall continually
 7278  assess products currently available for purchase under state
 7279  term contracts to identify specific products and vendors that
 7280  offer clear energy efficiency or other environmental benefits
 7281  over competing products. When procuring products from state term
 7282  contracts, state agencies shall first consult the Florida
 7283  Climate-Friendly Preferred Products List and procure such
 7284  products if the price is comparable.
 7285         (3) Each state agency shall ensure that all maintained
 7286  vehicles meet minimum maintenance schedules shown to reduce fuel
 7287  consumption, which include: ensuring appropriate tire pressures
 7288  and tread depth; replacing fuel filters and emission filters at
 7289  recommended intervals; using proper motor oils; and performing
 7290  timely motor maintenance. Each state agency shall measure and
 7291  report compliance to the Department of Financial Management
 7292  Services through the Equipment Management Information System
 7293  database.
 7294         Section 235. Subsections (10) and (19) of section 287.012,
 7295  Florida Statutes, are amended to read:
 7296         287.012 Definitions.—As used in this part, the term:
 7297         (10) “Department” means the Department of Financial
 7298  Management Services.
 7299         (19) “Office” means the Office of Supplier Diversity in of
 7300  the department of Management Services.
 7301         Section 236. Subsection (4) of section 287.025, Florida
 7302  Statutes, is amended to read:
 7303         287.025 Prohibition against certain insurance coverage on
 7304  specified state property or insurable subjects.—
 7305         (4) No primary insurance contracts shall be purchased on
 7306  any property or insurable subjects when the same is loaned to,
 7307  leased by, or intended to be leased by, the state or its
 7308  departments, divisions, bureaus, commissions, or agencies unless
 7309  such coverage is required by the terms of the lease agreement
 7310  and unless the insurance coverages required by the provisions of
 7311  the lease are approved in writing by the Department of Financial
 7312  Management Services.
 7313         Section 237. Section 287.032, Florida Statutes, is amended
 7314  to read:
 7315         287.032 Purpose of department.—It shall be The purpose of
 7316  the Department of Financial Management Services under this
 7317  chapter is to:
 7318         (1) To Promote efficiency, economy, and the conservation of
 7319  energy and to effect coordination in the purchase of commodities
 7320  and contractual services for the state.
 7321         (2) To Provide uniform commodity and contractual service
 7322  procurement policies, rules, procedures, and forms for use by
 7323  agencies and eligible users.
 7324         (3) To Procure and distribute federal surplus tangible
 7325  personal property allocated to the state by the Federal
 7326  Government.
 7327         Section 238. Paragraph (h) of subsection (1), paragraph (b)
 7328  of subsection (2), and subsection (8) of section 287.042,
 7329  Florida Statutes, are amended to read:
 7330         287.042 Powers, duties, and functions.—The department shall
 7331  have the following powers, duties, and functions:
 7332         (1)
 7333         (h) The department may collect fees for the use of its
 7334  electronic information services. The fees may be imposed on an
 7335  individual transaction basis or as a fixed subscription for a
 7336  designated period of time. At a minimum, the fees shall be
 7337  determined in an amount sufficient to cover the department’s
 7338  projected costs of the services, including overhead in
 7339  accordance with the department’s policies of the Department of
 7340  Management Services for computing its administrative assessment.
 7341  All fees collected under this paragraph shall be deposited in
 7342  the Operating Trust Fund for disbursement as provided by law.
 7343         (2)
 7344         (b) As an alternative to any provision in s. 120.57(3)(c),
 7345  the department may proceed with the competitive solicitation or
 7346  contract award process of a term contract if the Chief Financial
 7347  Officer when the secretary of the department or a his or her
 7348  designee sets forth in writing particular facts and
 7349  circumstances that which demonstrate that the delay incident to
 7350  staying the solicitation or contract award process would be
 7351  detrimental to the interests of the state. After the award of a
 7352  contract resulting from a competitive solicitation in which a
 7353  timely protest was received and in which the state did not
 7354  prevail, the contract may be canceled and reawarded.
 7355         (8) To provide any commodity and contractual service
 7356  purchasing rules to the Chief Financial Officer and all agencies
 7357  through an electronic medium or other means. Agencies may not
 7358  approve any account or request any payment of any account for
 7359  the purchase of any commodity or the procurement of any
 7360  contractual service covered by a purchasing or contractual
 7361  service rule except as authorized therein. The department shall
 7362  furnish copies of department rules adopted by the department to
 7363  any county, municipality, or other local public agency
 7364  requesting them.
 7365         Section 239. Subsections (7) and (8) and paragraph (c) of
 7366  subsection (9) of section 287.055, Florida Statutes, are amended
 7367  to read:
 7368         287.055 Acquisition of professional architectural,
 7369  engineering, landscape architectural, or surveying and mapping
 7370  services; definitions; procedures; contingent fees prohibited;
 7371  penalties.—
 7372         (7) AUTHORITY OF DEPARTMENT OF ENVIRONMENTAL PROTECTION
 7373  MANAGEMENT SERVICES.—Notwithstanding any other provision of this
 7374  section, the Department of Environmental Protection Management
 7375  Services shall be the agency of state government which is solely
 7376  and exclusively authorized and empowered to administer and
 7377  perform the functions described in subsections (3), (4), and (5)
 7378  respecting all projects for which the funds necessary to
 7379  complete same are appropriated to the department of Management
 7380  Services, irrespective of whether such projects are intended for
 7381  the use and benefit of the department of Management Services or
 7382  any other agency of government. However, nothing herein shall be
 7383  construed to be in derogation of any authority conferred on the
 7384  Department of Environmental Protection Management Services by
 7385  other express provisions of law. Additionally, any agency of
 7386  government may, with the approval of the department of
 7387  Management Services, delegate to the department of Management
 7388  Services authority to administer and perform the functions
 7389  described in subsections (3), (4), and (5). Under the terms of
 7390  the delegation, the agency may reserve its right to accept or
 7391  reject a proposed contract.
 7392         (8) STATE ASSISTANCE TO LOCAL AGENCIES.—On any professional
 7393  service contract for which the fee is over $25,000, the
 7394  Department of Transportation or the Department of Environmental
 7395  Protection Management Services shall provide, upon request by a
 7396  municipality, political subdivision, school board, or school
 7397  district, and upon reimbursement of the costs involved,
 7398  assistance in selecting consultants and in negotiating
 7399  consultant contracts.
 7400         (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.—
 7401         (c) Except as otherwise provided in s. 337.11(7), the
 7402  Department of Environmental Protection Management Services shall
 7403  adopt rules for the award of design-build contracts to be
 7404  followed by state agencies. Each other agency must adopt rules
 7405  or ordinances for the award of design-build contracts.
 7406  Municipalities, political subdivisions, school districts, and
 7407  school boards shall award design-build contracts by the use of a
 7408  competitive proposal selection process as described in this
 7409  subsection, or by the use of a qualifications-based selection
 7410  process pursuant to subsections (3), (4), and (5) for entering
 7411  into a contract whereby the selected firm shall will, subsequent
 7412  to competitive negotiations, establish a guaranteed maximum
 7413  price and guaranteed completion date. If the procuring agency
 7414  elects the option of qualifications-based selection, during the
 7415  selection of the design-build firm the procuring agency shall
 7416  employ or retain a licensed design professional appropriate to
 7417  the project to serve as the agency’s representative. Procedures
 7418  for the use of a competitive proposal selection process must
 7419  include, at as a minimum, the following:
 7420         1. The preparation of a design criteria package for the
 7421  design and construction of the public construction project.
 7422         2. The qualification and selection of at least no fewer
 7423  than three design-build firms as the most qualified, based on
 7424  the qualifications, availability, and past work of the firms,
 7425  including the partners or members thereof.
 7426         3. The criteria, procedures, and standards for the
 7427  evaluation of design-build contract proposals or bids, based on
 7428  price, technical, and design aspects of the public construction
 7429  project, weighted for the project.
 7430         4. The solicitation of competitive proposals, pursuant to a
 7431  design criteria package, from those qualified design-build firms
 7432  and the evaluation of the responses or bids submitted by those
 7433  firms based on the evaluation criteria and procedures
 7434  established before prior to the solicitation of competitive
 7435  proposals.
 7436         5. For consultation with the employed or retained design
 7437  criteria professional concerning the evaluation of the responses
 7438  or bids submitted by the design-build firms, the supervision or
 7439  approval by the agency of the detailed working drawings of the
 7440  project; and for evaluation of the compliance of the project
 7441  construction with the design criteria package by the design
 7442  criteria professional.
 7443         6. In the case of public emergencies, for the agency head
 7444  to declare an emergency and authorize negotiations with the best
 7445  qualified design-build firm available at that time.
 7446         Section 240. Paragraph (d) of subsection (5) and paragraph
 7447  (b) of subsection (17) of section 287.057, Florida Statutes, are
 7448  amended to read:
 7449         287.057 Procurement of commodities or contractual
 7450  services.—
 7451         (5) When the purchase price of commodities or contractual
 7452  services exceeds the threshold amount provided in s. 287.017 for
 7453  CATEGORY TWO, no purchase of commodities or contractual services
 7454  may be made without receiving competitive sealed bids,
 7455  competitive sealed proposals, or competitive sealed replies
 7456  unless:
 7457         (d) If When it is in the best interest of the state, the
 7458  Chief Financial Officer secretary of the department or a his or
 7459  her designee may authorize the Support Program to purchase
 7460  insurance by negotiation, but such purchase shall be made only
 7461  under conditions most favorable to the public interest.
 7462         (17) For a contract in excess of the threshold amount
 7463  provided in s. 287.017 for CATEGORY FOUR, the agency head shall
 7464  appoint:
 7465         (b) At least three persons to conduct negotiations during a
 7466  competitive sealed reply procurement who collectively have
 7467  experience and knowledge in negotiating contracts, contract
 7468  procurement, and the program areas and service requirements for
 7469  which commodities or contractual services are sought. If When
 7470  the value of a contract is in excess of $1 million in any fiscal
 7471  year, at least one of the persons conducting negotiations must
 7472  be certified as a contract negotiator in accordance with
 7473  department based upon rules adopted by the Department of
 7474  Management Services in order to ensure that certified contract
 7475  negotiators are knowledgeable about effective negotiation
 7476  strategies, capable of successfully implementing those
 7477  strategies, and involved appropriately in the procurement
 7478  process. At a minimum, the rules must address the qualifications
 7479  required for certification, the method of certification, and the
 7480  procedure for involving the certified negotiator. If the value
 7481  of a contract is in excess of $10 million in any fiscal year, at
 7482  least one of the persons conducting negotiations must be a
 7483  Project Management Professional, as certified by the Project
 7484  Management Institute.
 7485         Section 241. Section 287.05721, Florida Statutes, is
 7486  amended to read:
 7487         287.05721 Definitions.—As used in ss. 287.0571-287.0574,
 7488  the term:
 7489         (1)“Council” means the Council on Efficient Government.
 7490         (2) “outsource” means the process of contracting with a
 7491  vendor to provide a service as defined in s. 216.011(1)(f), in
 7492  whole or in part, or an activity as defined in s.
 7493  216.011(1)(rr), while a state agency retains the responsibility
 7494  and accountability for the service or activity and there is a
 7495  transfer of management responsibility for the delivery of
 7496  resources and the performance of those resources.
 7497         Section 242. Section 287.0573, Florida Statutes, is
 7498  repealed.
 7499         Section 243. Subsections (1), (2), (3), and (4) of section
 7500  287.0574, Florida Statutes, are amended to read:
 7501         287.0574 Business cases to outsource; review and analysis;
 7502  requirements.—
 7503         (1) A business case to outsource having a projected cost
 7504  exceeding $10 million in any fiscal year shall require:
 7505         (a) An initial business case analysis conducted by the
 7506  state agency and submitted to the council, the Governor, the
 7507  President of the Senate, and the Speaker of the House of
 7508  Representatives at least 60 days before a solicitation is
 7509  issued. The council shall evaluate the business case analysis
 7510  and submit an advisory report to the state agency, the Governor,
 7511  the President of the Senate, and the Speaker of the House of
 7512  Representatives when the advisory report is completed, but at
 7513  least 30 days before the agency issues the solicitation.
 7514         (b) A final business case analysis conducted by the state
 7515  agency and submitted after the conclusion of any negotiations,
 7516  at least 30 days before execution of a contract, to the council,
 7517  the Governor, the President of the Senate, and the Speaker of
 7518  the House of Representatives.
 7519         (2) A proposal to outsource having a projected total cost
 7520  that ranges from $1 million to $10 million must in any fiscal
 7521  year shall require:
 7522         (a) An initial business case analysis conducted by the
 7523  state agency and submission of the business case, at least 30
 7524  days before issuing a solicitation, to the council, the
 7525  Governor, the President of the Senate, and the Speaker of the
 7526  House of Representatives.
 7527         (b) A final business case analysis conducted by the state
 7528  agency and submitted after the conclusion of any negotiations,
 7529  at least 30 days before execution of a contract, to the council,
 7530  the Governor, the President of the Senate, and the Speaker of
 7531  the House of Representatives.
 7532         (3) A business case to outsource that has having a
 7533  projected cost that is less than $1 million must in any fiscal
 7534  year shall require a final business case analysis conducted by
 7535  the state agency after the conclusion of any negotiations and
 7536  provided at least 30 days before execution of a contract to the
 7537  council. The council shall provide such business cases in its
 7538  annual report to the Legislature.
 7539         (4) For any proposed outsourcing, the state agency shall
 7540  develop a business case that justifies the proposal to
 7541  outsource. In order to reduce any administrative burden, the
 7542  council may allow a state agency shall to submit the business
 7543  case in the form required by the budget instructions issued
 7544  pursuant to s. 216.023(4)(a)7., augmented with additional
 7545  information if necessary, to ensure that the requirements of
 7546  this section are met. The business case is not subject to
 7547  challenge or protest pursuant to chapter 120. The business case
 7548  must include, but need not be limited to:
 7549         (a) A detailed description of the service or activity for
 7550  which the outsourcing is proposed.
 7551         (b) A description and analysis of the state agency’s
 7552  current performance, based on existing performance metrics if
 7553  the state agency is currently performing the service or
 7554  activity.
 7555         (c) The goals desired to be achieved through the proposed
 7556  outsourcing and the rationale for such goals.
 7557         (d) A citation to the existing or proposed legal authority
 7558  for outsourcing the service or activity.
 7559         (e) A description of available options for achieving the
 7560  goals. If state employees are currently performing the service
 7561  or activity, at least one option involving maintaining state
 7562  provision of the service or activity must shall be included.
 7563         (f) An analysis of the advantages and disadvantages of each
 7564  option, including, at a minimum, potential performance
 7565  improvements and risks.
 7566         (g) A description of the current market for the contractual
 7567  services that are under consideration for outsourcing.
 7568         (h) A cost-benefit analysis documenting the direct and
 7569  indirect specific baseline costs, savings, and qualitative and
 7570  quantitative benefits involved in or resulting from the
 7571  implementation of the recommended option or options. Such
 7572  analysis must specify the schedule that, at a minimum, must be
 7573  adhered to in order to achieve the estimated savings. All
 7574  elements of cost must be clearly identified in the cost-benefit
 7575  analysis, described in the business case, and supported by
 7576  applicable records and reports. The state agency head shall
 7577  attest that, based on the data and information underlying the
 7578  business case, to the best of his or her knowledge, all
 7579  projected costs, savings, and benefits are valid and achievable.
 7580  As used in this section, the term “cost” means the reasonable,
 7581  relevant, and verifiable cost, which may include, but is not
 7582  limited to, elements such as personnel, materials and supplies,
 7583  services, equipment, capital depreciation, rent, maintenance and
 7584  repairs, utilities, insurance, personnel travel, overhead, and
 7585  interim and final payments. The appropriate elements shall
 7586  depend on the nature of the specific initiative. As used in this
 7587  section, the term “savings” means the difference between the
 7588  direct and indirect actual annual baseline costs compared to the
 7589  projected annual cost for the contracted functions or
 7590  responsibilities in any succeeding state fiscal year during the
 7591  term of the contract.
 7592         (i) A description of differences among current state agency
 7593  policies and processes and, as appropriate, a discussion of
 7594  options for or a plan to standardize, consolidate, or revise
 7595  current policies and processes, if any, to reduce the
 7596  customization of any proposed solution that would otherwise be
 7597  required.
 7598         (j) A description of the specific performance standards
 7599  that must, at a minimum, be met to ensure adequate performance.
 7600         (k) The projected timeframe for key events from the
 7601  beginning of the procurement process through the expiration of a
 7602  contract.
 7603         (l) A plan to ensure compliance with the public records
 7604  law.
 7605         (m) A specific and feasible contingency plan addressing
 7606  contractor nonperformance and a description of the tasks
 7607  involved in and costs required for its implementation.
 7608         (n) A state agency’s transition plan for addressing changes
 7609  in the number of agency personnel, affected business processes,
 7610  employee transition issues, and communication with affected
 7611  stakeholders, such as agency clients and the public. The
 7612  transition plan must contain a reemployment and retraining
 7613  assistance plan for employees who are not retained by the state
 7614  agency or employed by the contractor.
 7615         (o) A plan for ensuring access by persons with disabilities
 7616  in compliance with applicable state and federal law.
 7617         (p) A description of legislative and budgetary actions
 7618  necessary to accomplish the proposed outsourcing.
 7619         Section 244. Section 287.076, Florida Statutes, is amended
 7620  to read:
 7621         287.076 Project Management Professionals Training for
 7622  personnel involved in managing outsourcings; funding.—The
 7623  department of Management Services may implement a program to
 7624  train state agency employees who are involved in managing
 7625  outsourcings as Project Management Professionals, as certified
 7626  by the Project Management Institute. For the 2006-2007 fiscal
 7627  year, the sum of $500,000 in recurring funds from the General
 7628  Revenue Fund is appropriated to the department of Management
 7629  Services to implement this program. The department of Management
 7630  Services, in consultation with entities subject to this act,
 7631  shall identify personnel to participate in this training based
 7632  on requested need and ensure that each agency is represented.
 7633  The department of Management Services may remit payment for this
 7634  training on behalf of all participating personnel.
 7635         Section 245. Subsection (1) of section 287.083, Florida
 7636  Statutes, is amended to read:
 7637         287.083 Purchase of commodities.—
 7638         (1) It shall be the policy of the state for The Department
 7639  of Financial Management Services shall to consider the life
 7640  cycle cost of commodities purchased by the state, if when
 7641  applicable and feasible as determined by the department.
 7642         Section 246. Section 287.0834, Florida Statutes, is amended
 7643  to read:
 7644         287.0834 Motor vehicles; energy-saving equipment and
 7645  additives.—Each motor vehicle purchased by the state and each
 7646  motor vehicle leased by the state for a period in excess of 1
 7647  year must shall use devices, equipment, and additives that have
 7648  been certified as energy-saving and approved for use by the
 7649  United States Environmental Protection Agency and that have been
 7650  determined by the department to be cost-effective by the
 7651  Department of Management Services.
 7652         Section 247. Subsection (1), paragraphs (d), (g), and (j)
 7653  of subsection (2), paragraph (e) of subsection (3), paragraph
 7654  (a) of subsection (5), and subsection (12) of section 287.0943,
 7655  Florida Statutes, are amended to read:
 7656         287.0943 Certification of minority business enterprises.—
 7657         (1) A business certified by any local governmental
 7658  jurisdiction or organization shall be accepted by the Department
 7659  of Management Services, office of Supplier Diversity, as a
 7660  certified minority business enterprise for purposes of doing
 7661  business with state government if when the office of Supplier
 7662  Diversity determines that the state’s minority business
 7663  enterprise certification criteria are applied in the local
 7664  certification process.
 7665         (2)
 7666         (d) A final list of the criteria and procedures proposed by
 7667  the task force shall be considered by the Chief Financial
 7668  Officer secretary. The task force may seek technical assistance
 7669  from qualified providers of technical, business, and managerial
 7670  expertise to ensure the reliability of the certification
 7671  criteria developed.
 7672         (g) The certification criteria approved by the task force
 7673  and adopted by the department must of Management Services shall
 7674  be included in a statewide and interlocal agreement as defined
 7675  in s. 287.09431 and, in accordance with s. 163.01, shall be
 7676  executed according to the terms included therein.
 7677         (j) The statewide and interlocal agreement shall be guided
 7678  by the terms and conditions found therein and may be amended at
 7679  any meeting of the task force and subsequently adopted by the
 7680  Chief Financial Officer secretary of the Department of
 7681  Management Services. The amended agreement must be enacted,
 7682  initialed, and legally executed by at least two-thirds of the
 7683  certifying entities party to the existing agreement and adopted
 7684  by the state as originally executed in order to bind the
 7685  certifying entity.
 7686         (3)
 7687         (e) Any participating program receiving three or more
 7688  challenges to its certification decisions pursuant to subsection
 7689  (4) from other organizations that are executors to the statewide
 7690  and interlocal agreement, is shall be subject to a review by the
 7691  office, as provided in paragraphs (a) and (b), of the
 7692  organization’s capacity to perform under such agreement and in
 7693  accordance with the core criteria established by the task force.
 7694  The office shall submit a report to the Chief Financial Officer
 7695  secretary of the Department of Management Services regarding the
 7696  results of the review.
 7697         (5)(a) The Chief Financial Officer secretary of the
 7698  Department of Management Services shall execute the statewide
 7699  and interlocal agreement established under s. 287.09431 on
 7700  behalf of the state. The office shall certify minority business
 7701  enterprises in accordance with the laws of this state and, by
 7702  affidavit, shall recertify such minority business enterprises
 7703  not less than once each year.
 7704         (12) Any executor of the statewide and interlocal agreement
 7705  may revoke the certification or recertification of a firm doing
 7706  business as a certified minority business enterprise if the
 7707  minority business enterprise does not meet the requirements of
 7708  the jurisdiction or certifying entity that certified or
 7709  recertified the firm as a certified minority business
 7710  enterprise, or the requirements of subsection (2), s. 288.703,
 7711  and any rule of the office or the department of Management
 7712  Services or if the business acquired certification or
 7713  recertification by means of falsely representing any entity as a
 7714  minority business enterprise for purposes of qualifying for
 7715  certification or recertification.
 7716         Section 248. Subsections (2) and (3) and paragraph (h) of
 7717  subsection (4) of section 287.09451, Florida Statutes, are
 7718  amended to read:
 7719         287.09451 Office of Supplier Diversity; powers, duties, and
 7720  functions.—
 7721         (2) The Office of Supplier Diversity is established within
 7722  the department of Management Services to assist minority
 7723  business enterprises in becoming suppliers of commodities,
 7724  services, and construction to state government.
 7725         (3) The Chief Financial Officer secretary shall appoint an
 7726  executive director for the office of Supplier Diversity, who
 7727  shall serve at the pleasure of the Chief Financial Officer
 7728  secretary.
 7729         (4) The Office of Supplier Diversity shall have the
 7730  following powers, duties, and functions:
 7731         (h) To develop procedures to investigate complaints against
 7732  minority business enterprises or contractors alleged to violate
 7733  any provision related to this section or s. 287.0943, that may
 7734  include visits to worksites or business premises, and to refer
 7735  all information on businesses suspected of misrepresenting
 7736  minority status to the department of Management Services for
 7737  investigation. When an investigation is completed and there is
 7738  reason to believe that a violation has occurred, the department
 7739  of Labor and Employment Security shall refer the matter to the
 7740  office of the Attorney General, Department of Legal Affairs, for
 7741  prosecution.
 7742         Section 249. Section 287.131, Florida Statutes, is amended
 7743  to read:
 7744         287.131 Assistance of Department of Financial Services.—The
 7745  department of Financial Services shall provide the Department of
 7746  Management Services with technical assistance in all matters
 7747  pertaining to the purchase of insurance for all agencies, and
 7748  shall make surveys of the insurance needs of the state and all
 7749  departments thereof, including the benefits, if any, of self
 7750  insurance.
 7751         Section 250. Paragraphs (d), (e), (f), and (g) of
 7752  subsection (1) of section 287.133, Florida Statutes, are amended
 7753  to read:
 7754         287.133 Public entity crime; denial or revocation of the
 7755  right to transact business with public entities.—
 7756         (1) As used in this section:
 7757         (d)“Department” means the Department of Management
 7758  Services.
 7759         (d)(e) “Person” means any natural person or any entity
 7760  organized under the laws of any state or of the United States
 7761  with the legal power to enter into a binding contract and which
 7762  bids or applies to bid on contracts let by a public entity, or
 7763  which otherwise transacts or applies to transact business with a
 7764  public entity. The term “person” includes those officers,
 7765  directors, executives, partners, shareholders, employees,
 7766  members, and agents who are active in management of an entity.
 7767         (e)(f) “Public entity” means the State of Florida, any of
 7768  its departments or agencies, or any political subdivision.
 7769         (f)(g) “Public entity crime” means a violation of any state
 7770  or federal law by a person with respect to and directly related
 7771  to the transaction of business with any public entity or with an
 7772  agency or political subdivision of any other state or with the
 7773  United States, including, but not limited to, any bid, proposal,
 7774  reply, or contract for goods or services, any lease for real
 7775  property, or any contract for the construction or repair of a
 7776  public building or public work, involving antitrust, fraud,
 7777  theft, bribery, collusion, racketeering, conspiracy, or material
 7778  misrepresentation.
 7779         Section 251. Paragraphs (d), (e), (f), and (g) of
 7780  subsection (1) of section 287.134, Florida Statutes, are amended
 7781  to read:
 7782         287.134 Discrimination; denial or revocation of the right
 7783  to transact business with public entities.—
 7784         (1) As used in this section:
 7785         (d)“Department” means the Department of Management
 7786  Services.
 7787         (d)(e) “Entity” means any natural person or any entity
 7788  organized under the laws of any state or of the United States
 7789  with the legal power to enter into a binding contract and which
 7790  bids or applies to bid on contracts let by a public entity, or
 7791  which otherwise transacts or applies to transact business with a
 7792  public entity.
 7793         (e)(f) “Public entity” means this state and any department
 7794  or agency of this state.
 7795         (f)(g) “Senior management” includes chief executive
 7796  officers; assistant chief executive officers, including, but not
 7797  limited to, assistant presidents, vice presidents, or assistant
 7798  treasurers; chief financial officers; chief personnel officers;
 7799  or any employee of an entity performing similar functions.
 7800         Section 252. Section 287.15, Florida Statutes, is amended
 7801  to read:
 7802         287.15 Purchase or lease of motor vehicles, watercraft, or
 7803  aircraft; prior approval of the Department of Management
 7804  Services.—No state agency shall purchase, lease, or acquire any
 7805  motor vehicle, watercraft, or aircraft of any type unless prior
 7806  approval is first obtained from the Department of Financial
 7807  Management Services. However, this section does not nothing
 7808  herein shall prohibit the lease for casual use of motor
 7809  vehicles, or remove the requirement that all purchases be in
 7810  compliance with the rules and regulations of the Department of
 7811  Financial Management Services.
 7812         Section 253. Subsection (2) of section 287.151, Florida
 7813  Statutes, is amended to read:
 7814         287.151 Limitation on classes of motor vehicles procured.—
 7815         (2) No Funds in the General Appropriations Act may not
 7816  shall be used to purchase any vehicle at prices in excess of the
 7817  standard prices negotiated by the Department of Financial
 7818  Management Services.
 7819         Section 254. Subsections (1) and (3) of section 287.155,
 7820  Florida Statutes, are amended to read:
 7821         287.155 Motor vehicles; purchase by Department of Children
 7822  and Family Services, Agency for Persons with Disabilities,
 7823  Department of Health, Department of Juvenile Justice, and
 7824  Department of Corrections.—
 7825         (1) The Department of Children and Family Services, the
 7826  Agency for Persons with Disabilities, the Department of Health,
 7827  the Department of Juvenile Justice, and the Department of
 7828  Corrections may, subject to the approval of the Department of
 7829  Financial Management Services, purchase automobiles, trucks,
 7830  tractors, and other automotive equipment for the use of
 7831  institutions or developmental disabilities centers under the
 7832  management of the Department of Children and Family Services,
 7833  the Agency for Persons with Disabilities, the Department of
 7834  Health, and the Department of Corrections, and for the use of
 7835  residential facilities managed or contracted by the Department
 7836  of Juvenile Justice.
 7837         (3) The Department of Health may is authorized, subject to
 7838  the approval of the Department of Financial Management Services,
 7839  to purchase automobiles, trucks, and other automotive equipment
 7840  for use by county health departments.
 7841         Section 255. Section 287.16, Florida Statutes, is amended
 7842  to read:
 7843         287.16 Powers and duties of department.—The Department of
 7844  Financial Management Services shall have the following powers,
 7845  duties, and responsibilities:
 7846         (1) To obtain the most effective and efficient use of motor
 7847  vehicles, watercraft, and aircraft for state purposes.
 7848         (2) To establish and operate central facilities for the
 7849  acquisition, disposal, operation, maintenance, repair, storage,
 7850  supervision, control, and regulation of all state-owned or
 7851  state-leased aircraft, watercraft, and motor vehicles and to
 7852  operate any state facilities for those purposes. Acquisition may
 7853  be by purchase, lease, loan, or in any other legal manner. The
 7854  department may contract for the maintenance of motor vehicles.
 7855         (3) In its discretion, to require every state agency to
 7856  transfer its ownership, custody, and control of every aircraft
 7857  and motor vehicle, and associated maintenance facilities and
 7858  equipment, except those used principally for law enforcement,
 7859  state fire marshal, or fire control purposes, to the department
 7860  of Management Services, including all right, title, interest,
 7861  and equity therein.
 7862         (4) Upon requisition and showing of need, to assign
 7863  suitable aircraft or motor vehicles, on a temporary basis of
 7864  (for a period up to and including 1 month,) or a permanent basis
 7865  (for a period from 1 month up to and including 1 full year)
 7866  basis, to any state agency.
 7867         (5) To allocate and charge fees to the state agencies to
 7868  which aircraft or motor vehicles are furnished, based upon any
 7869  reasonable criteria.
 7870         (6) To adopt and enforce rules and regulations for the
 7871  efficient and safe use, operation, maintenance, repair,
 7872  disposal, and replacement of all state-owned or state-leased
 7873  aircraft, watercraft, and motor vehicles and to require the
 7874  placement of appropriate stickers, decals, or other markings
 7875  upon them. The department may delegate to the respective heads
 7876  of the agencies to which aircraft, watercraft, and motor
 7877  vehicles are assigned the duty of enforcing the rules and
 7878  regulations adopted by the department.
 7879         (7) To contract for specialized maintenance services.
 7880         (8) To require any state agency to keep records and make
 7881  reports regarding aircraft and motor vehicles to the department
 7882  as may be required. The Department of Highway Safety and Motor
 7883  Vehicles shall use a reporting system approved by the
 7884  department.
 7885         (9) To establish and operate central facilities to
 7886  determine the mode of transportation to be used by state
 7887  employees traveling on official state business and to schedule
 7888  and coordinate use of state-owned or state-leased aircraft and
 7889  passenger-carrying vehicles to assure maximum utilization of
 7890  state aircraft, motor vehicles, and employee time by assuring
 7891  that employees travel by the most practical and economical mode
 7892  of travel. The department shall consider the number of employees
 7893  making the trip to the same location, the most efficient and
 7894  economical means of travel considering the time of the employee,
 7895  transportation cost and subsistence required, the urgency of the
 7896  trip, and the nature and purpose of the trip.
 7897         (10) To provide the Legislature annual reports at the end
 7898  of each calendar year concerning the use utilization of all
 7899  aircraft in the executive pool.
 7900         (11) To calculate biennially the break-even mileage at
 7901  which it becomes cost-effective for the state to provide
 7902  assigned motor vehicles to employees. The Support Program shall
 7903  provide the information to agency heads and agency inspectors
 7904  general to assist them in meeting the reporting requirements of
 7905  s. 20.055.
 7906         (12) To conduct, in coordination with the Department of
 7907  Transportation, an analysis of fuel additive and biofuel use by
 7908  the Department of Transportation through its central fueling
 7909  facilities. The department shall encourage other state
 7910  government entities to analyze transportation fuel usage,
 7911  including the different types and percentages of fuels consumed,
 7912  and report such information to the department.
 7913         Section 256. Section 287.161, Florida Statutes, is amended
 7914  to read:
 7915         287.161 Executive aircraft pool; assignment of aircraft;
 7916  charge for transportation.—
 7917         (1) There is created within the Department of Management
 7918  Services An executive aircraft pool consisting of state-owned
 7919  aircraft for the purpose of furnishing executive air travel is
 7920  created within the Executive Office of the Governor. Such
 7921  aircraft may shall not be a model in excess of a two-engine jet.
 7922  Aircraft included in the executive aircraft pool may not be
 7923  specifically assigned to any department or agency on any basis.
 7924         (2) The Executive Office of the Governor Department of
 7925  Management Services shall charge all persons receiving
 7926  transportation from the executive aircraft pool a rate not less
 7927  than the mileage allowance fixed by the Legislature for the use
 7928  of privately owned vehicles. Fees collected for persons
 7929  traveling by aircraft in the executive aircraft pool shall be
 7930  deposited into the Bureau of Aircraft Trust Fund and shall be
 7931  expended for costs incurred to operate the aircraft management
 7932  activities of the department. It is the intent of the
 7933  Legislature that the executive aircraft pool be operated on a
 7934  full cost recovery basis, less available funds.
 7935         Section 257. Paragraph (a) of subsection (3) of section
 7936  287.17, Florida Statutes, is amended to read:
 7937         287.17 Limitation on use of motor vehicles and aircraft.—
 7938         (3)(a) The term “official state business” does may not be
 7939  construed to permit the use of a motor vehicle or aircraft for
 7940  commuting purposes, unless special assignment of a motor vehicle
 7941  is authorized as a perquisite by the Department of Personnel
 7942  Management Services, required by an employee after normal duty
 7943  hours to perform duties of the position to which assigned, or
 7944  authorized for an employee whose home is the official base of
 7945  operation.
 7946         Section 258. Section 287.18, Florida Statutes, is amended
 7947  to read:
 7948         287.18 Repair and service of motor vehicles and aircraft.
 7949  The Chief Financial Officer Secretary of Management Services or
 7950  a his or her designee may require a department or any state
 7951  agency having facilities for the repair of aircraft or motor
 7952  vehicles and for the storage and distribution of gasoline and
 7953  other petroleum products to repair aircraft and motor vehicles
 7954  and to furnish gasoline and other petroleum products to any
 7955  other state department or agency and shall compensate for the
 7956  cost of such services and products.
 7957         Section 259. Section 287.19, Florida Statutes, is amended
 7958  to read:
 7959         287.19 Transfer of funds.—All moneys designated for or
 7960  appropriated to any agency for the use, operation, maintenance,
 7961  repair, or replacement of any state-owned or leased motor
 7962  vehicles or aircraft shall be transferred to the Department of
 7963  Financial Management Services as required by the department.
 7964         Section 260. Subsection (1) of section 288.021, Florida
 7965  Statutes, is amended to read:
 7966         288.021 Economic development liaison.—
 7967         (1) The heads of the Department of Transportation, the
 7968  Department of Environmental Protection and an additional member
 7969  appointed by the secretary of the department, the Department of
 7970  Labor and Employment Security, the Department of Education, the
 7971  Department of Community Affairs, the Department of Management
 7972  Services, the Department of Revenue, the Fish and Wildlife
 7973  Conservation Commission, each water management district, and
 7974  each Department of Transportation District office shall
 7975  designate a high-level staff member from within such agency to
 7976  serve as the economic development liaison for the agency. This
 7977  person shall report to the agency head and have general
 7978  knowledge both of the state’s permitting and other regulatory
 7979  functions and of the state’s economic goals, policies, and
 7980  programs. This person shall also be the primary point of contact
 7981  for the agency with the Office of Tourism, Trade, and Economic
 7982  Development on issues and projects important to the economic
 7983  development of this state Florida, including its rural areas, to
 7984  expedite project review, to ensure a prompt, effective response
 7985  to problems arising with regard to permitting and regulatory
 7986  functions, and to work closely with the other economic
 7987  development liaisons to resolve interagency conflicts.
 7988         Section 261. Subsections (1) and (2), paragraphs (c)
 7989  through (j) of subsection (4), and subsection (6) of section
 7990  288.109, Florida Statutes, are amended to read:
 7991         288.109 One-Stop Permitting System.—
 7992         (1) The Department of Community Affairs shall By January 1,
 7993  2001, the State Technology Office must establish and administer
 7994  implement an Internet site for the One-Stop Permitting System.
 7995  The One-Stop Permitting System Internet site shall provide
 7996  individuals and businesses with information concerning
 7997  development permits; guidance on what development permits are
 7998  needed for particular projects; permit requirements; and who may
 7999  be contacted for more information concerning a particular
 8000  development permit for a specific location. The department
 8001  office shall design and construct the Internet site and may
 8002  competitively procure and contract for services to develop the
 8003  site. In designing and constructing the Internet site, the
 8004  department shall office must solicit input from potential users
 8005  of the site.
 8006         (2) The Department of Community Affairs office shall
 8007  develop the One-Stop Permitting System Internet site to allow an
 8008  applicant to complete and submit application forms for
 8009  development permits to agencies and counties. The Internet site
 8010  must be capable of allowing an applicant to submit payment for
 8011  permit fees and must provide payment options. After initially
 8012  establishing the Internet site, the department office shall
 8013  implement, in the most timely manner possible, the capabilities
 8014  described in this subsection. The department office shall also
 8015  develop a protocol for adding to the One-Stop Permitting System
 8016  additional state agencies and counties that agree to participate
 8017  to the One-Stop Permitting System. The department office may
 8018  competitively procure and contract for services to develop such
 8019  capabilities.
 8020         (4) The One-Stop Permitting System must initially provide
 8021  access to the following state agencies, water management
 8022  districts and counties, with other agencies and counties that
 8023  agree to participate:
 8024         (c)The Department of Management Services.
 8025         (c)(d) The Department of Transportation, including district
 8026  offices.
 8027         (d)(e) The Northwest Florida Water Management District.
 8028         (e)(f) The St. Johns River Water Management District.
 8029         (f)(g) The Southwest Florida Water Management District.
 8030         (g)(h) The Suwannee River Water Management District.
 8031         (h)(i) The South Florida Water Management District.
 8032         (i)(j) Selected counties that agree to participate.
 8033         (6) The Department of Community Affairs office may add
 8034  counties and municipalities to the One-Stop Permitting System as
 8035  such local governments agree to participate and develop the
 8036  technical capability of joining the system.
 8037         Section 262. Section 288.1092, Florida Statutes, is amended
 8038  to read:
 8039         288.1092 One-Stop Permitting System Grant Program.—There is
 8040  created within the State Technology Office The One-Stop
 8041  Permitting System Grant Program is created within the Department
 8042  of Community Affairs. The purpose of the grant program is to
 8043  encourage counties to coordinate and integrate the development
 8044  of the county’s permitting process with the One-Stop Permitting
 8045  System. The department office shall review grant applications
 8046  and, subject to available funds, if a county is certified as a
 8047  Quick Permitting County under s. 288.1093, shall award a grant
 8048  of up to $50,000 to provide for such integration. The department
 8049  office must review a grant application for consistency with the
 8050  purpose of the One-Stop Permitting System to provide access to
 8051  development permit information and application forms. Grants
 8052  shall be issued on a first-come, first-served basis to qualified
 8053  Quick Permitting Counties. The grant moneys may be used to
 8054  purchase software, hardware, or consulting services necessary
 8055  for the county to create an interface with the One-Stop
 8056  Permitting System. Grant moneys may not be used to pay
 8057  administrative costs. The grant application must specify what
 8058  items or services the county intends to purchase using the grant
 8059  moneys, the amount of each of the items or services to be
 8060  purchased, and how the items or services are necessary for the
 8061  county to create an interface with the One-Stop Permitting
 8062  System.
 8063         Section 263. Subsections (1) and (3) of section 288.1093,
 8064  Florida Statutes, are amended to read:
 8065         288.1093 Quick Permitting County Designation Program.—
 8066         (1) There is established within the State Technology Office
 8067  The Quick Permitting County Designation Program is established
 8068  within the Department of Community Affairs. To be designated as
 8069  a Quick Permitting County, the chair of the board of county
 8070  commissioners of the applying county must certify to the
 8071  department office that the county meets the criteria specified
 8072  in subsection (3).
 8073         (3) In order to qualify for a Quick Permitting County
 8074  designation, a county must certify to the Department of
 8075  Community Affairs office that the county has implemented the
 8076  following best management practices:
 8077         (a) The establishment of a single point of contact for a
 8078  business seeking assistance in obtaining a permit;
 8079         (b) The selection of high-priority projects for accelerated
 8080  permit review;
 8081         (c) The use of documented preapplication meetings following
 8082  standard procedures;
 8083         (d) The maintenance of an inventory of sites suitable for
 8084  high-priority projects;
 8085         (e) The development of a list of consultants who conduct
 8086  business in the county;
 8087         (f) The evaluation and elimination of duplicative approval
 8088  and permitting requirements within the county;
 8089         (g) The commitment to participate, through the entry of an
 8090  interlocal agreement for individual projects, in the expedited
 8091  permit process set forth in s. 403.973;
 8092         (h) The development of a timetable for processing
 8093  development permits and approvals; and
 8094         (i) The use of interagency coordination to facilitate
 8095  permit processing.
 8096         Section 264. Paragraph (a) of subsection (3) of section
 8097  288.1185, Florida Statutes, is amended to read:
 8098         288.1185 Recycling Markets Advisory Committee.—
 8099         (3)(a) The heads of the Department of Transportation, the
 8100  Department of Environmental Protection, the Department of
 8101  Management Services, the Department of Agriculture and Consumer
 8102  Services, the Florida Energy Office, the Chief Financial
 8103  Officer, and the Governor shall each designate a staff member
 8104  from within the agency to serve as the recycling market
 8105  development liaison for the agency. This person must shall have
 8106  knowledge of recycling and the issues and problems related to
 8107  recycling and recycled materials market development. This person
 8108  shall be the primary point of contact for the agency on issues
 8109  related to recycled materials market development. These liaisons
 8110  shall be available for committee meetings and shall work closely
 8111  with the committee and other recycling market development
 8112  liaisons to further the goals of the committee, as appropriate.
 8113         Section 265. Paragraph (d) of subsection (5) and subsection
 8114  (8) of section 288.15, Florida Statutes, are amended to read:
 8115         288.15 Powers of Division of Bond Finance.—There is hereby
 8116  granted to and vested in the Division of Bond Finance of the
 8117  State Board of Administration the power, right, franchise, and
 8118  authority:
 8119         (5) In order to carry out the objectives and purposes of
 8120  this chapter, the division is authorized to acquire, own,
 8121  construct, operate, maintain, improve, and extend public
 8122  buildings, facilities, or works within the state which are of
 8123  the character hereinafter specifically mentioned. All public
 8124  buildings, facilities, and works which the division is
 8125  authorized to own, construct, operate, and maintain must be such
 8126  as can ultimately be owned and operated by an agency,
 8127  department, board, bureau, or commission of the state. All or
 8128  any such buildings, facilities, or works may be of a revenue
 8129  producing character in order that the cost of the same or some
 8130  part of improvements or extensions thereto may be paid from
 8131  receipts therefrom, including in Tallahassee only rentals,
 8132  leases, and sales to both public and nonpublic agencies through
 8133  the issue and sales or disposition of revenue bonds, notes, or
 8134  certificates of the division. The buildings, facilities, and
 8135  works which the division is hereby authorized to acquire,
 8136  construct, operate, maintain, improve, and extend are:
 8137         (d) Public buildings, facilities, and additions or
 8138  improvements to existing buildings and facilities for ultimate
 8139  use in connection with any of the several state institutions,
 8140  departments, bureaus, boards, or commissions. For this use; and,
 8141  In furtherance of this paragraph, the Department of
 8142  Environmental Protection Management Services, the Board of
 8143  Governors of the State University System, and the State Board of
 8144  Education shall are authorized to cooperate with the Division of
 8145  Bond Finance and to do and perform all acts and things necessary
 8146  thereto. Any property acquired by the division of Bond Finance
 8147  under the provisions of this chapter may ultimately be conveyed
 8148  to the state free and clear of all debt or other encumbrance.
 8149         (8) The division shall is hereby authorized and directed to
 8150  proceed with the acquisition of land and buildings thereon now
 8151  needed or to be needed for use in whole or in part by any
 8152  agency, board, bureau, or commission of the state, such
 8153  acquisition to be within the area defined by the Department of
 8154  Environmental Protection Management Services for the long-range
 8155  development of the proposed Capitol Center. The division shall
 8156  also:; and
 8157         (a) To Construct, acquire, own, and operate buildings and
 8158  facilities thereon, such buildings and facilities to be financed
 8159  by the revenue they yield, through the issuance of revenue
 8160  certificates; and
 8161         (b) To Have specific authority in financing the
 8162  acquisition, construction, and operation of such buildings and
 8163  facilities, to utilize rentals to both public and nonpublic
 8164  agencies as well as any regularly appropriated state or other
 8165  public funds; however, no revenue from lands, buildings, or
 8166  facilities now owned by the state may not be pledged to finance
 8167  the acquisition of land, buildings, or facilities pursuant to
 8168  this section the provisions of this law, except for revenue from
 8169  land, buildings, or facilities purchased or acquired pursuant to
 8170  this section the provisions of this law.
 8171         Section 266. Section 288.17, Florida Statutes, is amended
 8172  to read:
 8173         288.17 Revenue certificates.—The Division of Bond Finance
 8174  of the State Board of Administration may is authorized to issue
 8175  interest-bearing revenue certificates for construction of all
 8176  state buildings approved by the Legislature in its appropriation
 8177  acts and requested by the Department of Environmental Protection
 8178  Management Services or by the Board of Governors of the State
 8179  University System.
 8180         Section 267. Subsections (1) and (3) of section 288.18,
 8181  Florida Statutes, are amended to read:
 8182         288.18 Planning, promoting, and supervising state building
 8183  projects.—
 8184         (1) The Department of Environmental Protection is
 8185  Management Services shall be responsible for promoting any state
 8186  building project financed as provided by law in any community
 8187  where a state building is needed.
 8188         (3) Any state agency required to occupy space by the
 8189  Department of Environmental Protection Management Services may
 8190  contract for such space and pledge such rentals as are provided
 8191  and appropriated by the Legislature for the purpose of financing
 8192  the retirement of revenue certificates for the lifetime of any
 8193  issue.
 8194         Section 268. Paragraph (d) of subsection (3) and
 8195  subsections (5) and (8) of section 288.703, Florida Statutes,
 8196  are amended to read:
 8197         288.703 Definitions.—As used in this act, the following
 8198  words and terms shall have the following meanings unless the
 8199  content shall indicate another meaning or intent:
 8200         (3) “Minority person” means a lawful, permanent resident of
 8201  Florida who is:
 8202         (d) A Native American, a person who has origins in any of
 8203  the Indian Tribes of North America prior to 1835, upon
 8204  presentation of proper documentation thereof as established by
 8205  rule of the Department of Financial Management Services.
 8206         (5) “Department” means the Department of Financial
 8207  Management Services.
 8208         (8)“Secretary” means the secretary of the Department of
 8209  Management Services.
 8210         Section 269. Subsections (2), (10), (11), and (12) of
 8211  section 288.706, Florida Statutes, are amended to read:
 8212         288.706 Florida Minority Business Loan Mobilization
 8213  Program.—
 8214         (2) The Florida Minority Business Loan Mobilization Program
 8215  is created to promote the development of minority business
 8216  enterprises, as defined in s. 288.703(2), increase the ability
 8217  of minority business enterprises to compete for state contracts,
 8218  and sustain the economic growth of minority business enterprises
 8219  in this state. The goal of the program is to assist minority
 8220  business enterprises by facilitating working capital loans to
 8221  minority business enterprises that are vendors on state agency
 8222  contracts. The department of Management Services shall
 8223  administer the program.
 8224         (10) The department of Management Services may adopt rules
 8225  to administer implement the provisions of this section.
 8226         (11) The department of Management Services shall maintain a
 8227  listing of financial institutions willing to participate in the
 8228  Florida Minority Business Loan Mobilization Program. This list
 8229  may of financial institutions shall not be exclusive. A minority
 8230  business enterprise vendor who has a working relationship with a
 8231  financial institution is encouraged to request that the
 8232  financial institution apply to participate as a financial
 8233  institution for the program.
 8234         (12) The department of Management Services shall
 8235  collaborate with the Florida Black Business Investment Board,
 8236  Inc., and the Office of Tourism, Trade, and Economic Development
 8237  to assist in the development and enhancement of black business
 8238  enterprises.
 8239         Section 270. Subsection (2) of section 288.708, Florida
 8240  Statutes, is amended to read:
 8241         288.708 President; employees.—
 8242         (2) An employee of the board may not receive compensation
 8243  for employment that exceeds the salary paid to the Governor,
 8244  unless the board and the employee have executed a contract that
 8245  prescribes specific and measurable performance outcomes for the
 8246  employee, the satisfaction of which provides the basis for the
 8247  award of incentive payments that increase the employee’s total
 8248  compensation to a level above the salary paid to the Governor.
 8249  The Executive Office of the Governor Department of Management
 8250  Services shall establish a lease-agreement program under which
 8251  an employee of the board, as of June 30, 2002, retains his or
 8252  her status as a state employee until the employee voluntarily or
 8253  involuntarily terminates his or her status with the board.
 8254  Status as a state employee includes shall include the right to
 8255  participate in the Florida Retirement System.
 8256         Section 271. Subsection (6) of section 288.7091, Florida
 8257  Statutes, is amended to read:
 8258         288.7091 Duties of the Florida Black Business Investment
 8259  Board, Inc.—The board shall:
 8260         (6) Collaborate with the Department of Transportation, the
 8261  Department of Financial Management Services, including the
 8262  Florida Minority Business Loan Mobilization Program, Workforce
 8263  Florida, Inc., and other state agencies and partners, the State
 8264  University System, including the Florida Agricultural and
 8265  Mechanical University’s Institute of Urban Policy and Commerce,
 8266  school boards, and local governments to create an a network of
 8267  information network and to identify available resources to
 8268  enhance the development and expansion of black business
 8269  enterprises.
 8270         Section 272. Paragraph (b) of subsection (5) of section
 8271  288.712, Florida Statutes, is amended to read:
 8272         288.712 Guarantor funds.—
 8273         (5) The board shall do all of the following to implement
 8274  the black contractors bonding program:
 8275         (b) Provide assistance to the Office of Supplier Diversity
 8276  within the Department of Financial Management Services, as
 8277  needed, to certify new black business enterprises and to train
 8278  appropriate department staff.
 8279         Section 273. Subsection (2) of section 288.901, Florida
 8280  Statutes, is amended to read:
 8281         288.901 Enterprise Florida, Inc.; creation; membership;
 8282  organization; meetings; disclosure.—
 8283         (2) Enterprise Florida, Inc., shall establish one or more
 8284  corporate offices, at least one of which shall be located in
 8285  Leon County. The Executive Office of the Governor Department of
 8286  Management Services may establish a lease agreement program
 8287  under which Enterprise Florida, Inc., may hire any individual
 8288  who, as of June 30, 1996, is employed by the Department of
 8289  Commerce or who, as of January 1, 1997, is employed by the
 8290  Executive Office of the Governor and has responsibilities
 8291  specifically in support of the Workforce Development Board
 8292  established under s. 445.004 288.9620. Under such agreement, the
 8293  employee shall retain his or her status as a state employee but
 8294  shall work under the direct supervision of Enterprise Florida,
 8295  Inc. Retention of state employee status includes shall include
 8296  the right to participate in the Florida Retirement System. The
 8297  office Department of Management Services shall establish the
 8298  terms and conditions of such lease agreements.
 8299         Section 274. Paragraph (a) of subsection (3), paragraphs
 8300  (d) and (e) of subsection (5), paragraph (a) of subsection (6),
 8301  and subsections (7) and (9) of section 295.187, Florida
 8302  Statutes, are amended to read:
 8303         295.187 Florida Service-Disabled Veteran Business
 8304  Enterprise Opportunity Act.—
 8305         (3) DEFINITIONS.—For the purpose of this section, the term:
 8306         (a) “Certified service-disabled veteran business
 8307  enterprise” means a business that has been certified by the
 8308  Department of Financial Management Services to be a service
 8309  disabled veteran business enterprise as defined in paragraph
 8310  (c).
 8311         (5) CERTIFICATION PROCEDURE.—
 8312         (d) A certified service-disabled veteran business
 8313  enterprise must notify the Department of Financial Management
 8314  Services within 30 business days after any event that may
 8315  significantly affect the certification of the business,
 8316  including, but not limited to, a change in ownership or change
 8317  in management and daily business operations.
 8318         (e) The certification of a service-disabled veteran
 8319  business enterprise shall be revoked for 12 months if the
 8320  Department of Financial Management Services determines that the
 8321  business enterprise violated paragraph (d). An owner of a
 8322  certified service-disabled veteran business enterprise whose
 8323  certification is revoked may is not permitted to reapply for
 8324  certification under this section as an owner of any business
 8325  enterprise during the 12-month revocation period.
 8326         1. During the 12-month revocation period, a service
 8327  disabled veteran business enterprise whose certification has
 8328  been revoked may bid on state contracts but is not eligible for
 8329  any preference available under this section.
 8330         2. A service-disabled veteran business enterprise whose
 8331  certification has been revoked may apply for certification at
 8332  the conclusion of the 12-month revocation period by complying
 8333  with requirements applicable to initial certifications.
 8334         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
 8335  department shall:
 8336         (a) Assist the Department of Financial Management Services
 8337  in establishing a certification procedure, which shall be
 8338  reviewed biennially and updated as necessary.
 8339         (7) DUTIES OF THE DEPARTMENT OF FINANCIAL MANAGEMENT
 8340  SERVICES.—The department shall:
 8341         (a) With assistance from the Department of Veterans’
 8342  Affairs, establish a certification procedure, which shall be
 8343  reviewed biennially and updated as necessary.
 8344         (b) Grant, deny, or revoke the certification of a service
 8345  disabled veteran business enterprise under this section.
 8346         (c) Maintain an electronic directory of certified service
 8347  disabled veteran business enterprises for use by the state,
 8348  political subdivisions of the state, and the public.
 8349         (9) RULES.—The Department of Veterans’ Affairs and the
 8350  Department of Financial Management Services, as appropriate, may
 8351  adopt rules as necessary to administer this section.
 8352         Section 275. Subsection (17) of section 318.18, Florida
 8353  Statutes, is amended to read:
 8354         318.18 Amount of penalties.—The penalties required for a
 8355  noncriminal disposition pursuant to s. 318.14 or a criminal
 8356  offense listed in s. 318.17 are as follows:
 8357         (17) In addition to any penalties imposed, a surcharge of
 8358  $3 must be paid for all criminal offenses listed in s. 318.17
 8359  and for all noncriminal moving traffic violations under chapter
 8360  316. Revenue from the surcharge shall be remitted to the
 8361  Department of Revenue and deposited quarterly into the State
 8362  Agency Law Enforcement Radio System Trust Fund of the Department
 8363  of Law Enforcement Management Services for the state agency law
 8364  enforcement radio system, as described in s. 282.709, and to
 8365  provide technical assistance to state agencies and local law
 8366  enforcement agencies with their statewide systems of regional
 8367  law enforcement communications, as described in s. 282.710. This
 8368  subsection expires July 1, 2012. The Department of Law
 8369  Enforcement Management Services may retain funds sufficient to
 8370  recover the costs and expenses incurred for managing,
 8371  administering, and overseeing the Statewide Law Enforcement
 8372  Radio System, and providing technical assistance to state
 8373  agencies and local law enforcement agencies with their statewide
 8374  systems of regional law enforcement communications. The
 8375  Department of Law Enforcement Management Services working in
 8376  conjunction with the Joint Task Force on State Agency Law
 8377  Enforcement Communications shall determine and direct the
 8378  purposes for which these funds are used to enhance and improve
 8379  the radio system.
 8380         Section 276. Subsection (9) of section 318.21, Florida
 8381  Statutes, is amended to read:
 8382         318.21 Disposition of civil penalties by county courts.—All
 8383  civil penalties received by a county court pursuant to the
 8384  provisions of this chapter shall be distributed and paid monthly
 8385  as follows:
 8386         (9) Twelve dollars and fifty cents from each moving traffic
 8387  violation must be used by the county to fund that county’s
 8388  participation in an intergovernmental radio communication
 8389  program approved by the Department of Law Enforcement Management
 8390  Services. If the county is not participating in such a program,
 8391  funds collected must be used to fund local law enforcement
 8392  automation and must be distributed to the municipality or
 8393  special improvement district in which the violation occurred or
 8394  to the county if the violation occurred within the
 8395  unincorporated area of the county.
 8396         Section 277. Section 320.0802, Florida Statutes, is amended
 8397  to read:
 8398         320.0802 Surcharge on license tax.—A $1 surcharge There is
 8399  hereby levied and imposed on each license tax imposed under s.
 8400  320.08, except those set forth in s. 320.08(11), a surcharge in
 8401  the amount of $1, which shall be collected in the same manner as
 8402  the license tax and deposited into the State Agency Law
 8403  Enforcement Radio System Trust Fund of the Department of Law
 8404  Enforcement Management Services.
 8405         Section 278. Subsection (7) of section 320.08056, Florida
 8406  Statutes, is amended to read:
 8407         320.08056 Specialty license plates.—
 8408         (7) The department shall annually retain from the first
 8409  proceeds derived from the annual use fees collected an amount
 8410  sufficient to defray each specialty plate’s pro rata share of
 8411  the department’s costs directly related to the specialty license
 8412  plate program. Such costs must shall include inventory costs,
 8413  distribution costs, direct costs to the department, costs
 8414  associated with reviewing each organization’s compliance with
 8415  audit and attestation requirements of s. 320.08062, and any
 8416  applicable increased costs of manufacturing the specialty
 8417  license plate. Any cost increase to the department related to
 8418  actual cost of the plate, including a reasonable vendor profit,
 8419  shall be verified by the Department of Financial Management
 8420  Services. The balance of the proceeds from the annual use fees
 8421  collected for that specialty license plate shall be distributed
 8422  as provided by law.
 8423         Section 279. Subsection (1) of section 321.04, Florida
 8424  Statutes, is amended to read:
 8425         321.04 Personnel of the highway patrol; rank
 8426  classifications; probationary status of new patrol officers;
 8427  subsistence; special assignments.—
 8428         (1) The Department of Highway Safety and Motor Vehicles
 8429  shall employ patrol officers, as authorized by the Legislature
 8430  in appropriating funds for their salaries exclusive of those
 8431  members of the patrol who are assigned to and paid by special
 8432  departments; and shall establish the necessary supervisory ranks
 8433  within the Florida Highway Patrol to efficiently supervise and
 8434  carry out the designated functions of the patrol and the
 8435  department in accordance with rules the regulations established
 8436  by the Department of Personnel Management Services.
 8437         Section 280. Subsection (9) of section 328.72, Florida
 8438  Statutes, is amended to read:
 8439         328.72 Classification; registration; fees and charges;
 8440  surcharge; disposition of fees; fines; marine turtle stickers.—
 8441         (9) SURCHARGE.—In addition, there is hereby levied and
 8442  imposed on each vessel registration fee imposed under subsection
 8443  (1) a surcharge in the amount of $1 for each 12-month period of
 8444  registration, which shall be collected in the same manner as the
 8445  fee and deposited into the State Agency Law Enforcement Radio
 8446  System Trust Fund of the Department of Law Enforcement
 8447  Management Services.
 8448         Section 281. Subsections (1) and (2) of section 337.02,
 8449  Florida Statutes, are amended to read:
 8450         337.02 Purchases by department subject to competitive bids;
 8451  advertisement; emergency purchases; bid specifications.—
 8452         (1) Except as provided herein, purchase by the Department
 8453  of Transportation of commodities, including the advertising and
 8454  awarding of competitive bids, are shall be governed by chapters
 8455  283 and 287 and rules adopted by the Department of Financial
 8456  Management Services pursuant thereto. However, the provisions of
 8457  s. 287.057 notwithstanding, the department may purchase parts
 8458  and repairs valued at up to the threshold amount provided in s.
 8459  287.017 for CATEGORY TWO for the repair of mobile road
 8460  maintenance equipment, marine vessels, permanent vehicle scales,
 8461  and mechanical and electrical equipment for movable bridges,
 8462  toll facilities including the Florida Turnpike, and up to the
 8463  threshold amount provided in s. 287.017 for CATEGORY THREE for
 8464  treatment plants and lift stations for water and sewage, and
 8465  major heating and cooling systems without receiving competitive
 8466  bids.
 8467         (2) If the department determines that an emergency exists
 8468  in regard to the purchase of materials, machinery, tools,
 8469  equipment, or supplies, so that the delay incident to giving
 8470  opportunity for competitive bidding is would be detrimental to
 8471  the interests of the state, the provisions for competitive
 8472  bidding do not apply; and the department may authorize or
 8473  purchase such materials, machinery, tools, equipment, or
 8474  supplies without giving opportunity for competitive bidding
 8475  thereon. The department shall, within 10 days after such
 8476  determination and purchase, file with the Chief Financial
 8477  Officer head of the Department of Management Services a written
 8478  statement of the materials, machinery, tools, equipment, or
 8479  supplies purchased and a certificate as to the conditions and
 8480  circumstances constituting such emergency.
 8481         Section 282. Section 337.023, Florida Statutes, is amended
 8482  to read:
 8483         337.023 Sale of building; acceptance of replacement
 8484  building.—Notwithstanding the provisions of s. 216.292(2)(b)2.,
 8485  if the department sells a building, the department may accept
 8486  the construction of a replacement building, in response to a
 8487  request for proposals, totally or partially in lieu of cash, and
 8488  may do so without a specific legislative appropriation. Such
 8489  action is subject to the approval of the Executive Office of the
 8490  Governor, and is subject to the notice, review, and objection
 8491  procedures under s. 216.177. The replacement building shall be
 8492  consistent with the current and projected needs of the
 8493  department as agreed upon by the department and the Department
 8494  of Environmental Protection Management Services.
 8495         Section 283. Paragraph (d) of subsection (2) of section
 8496  337.165, Florida Statutes, is amended to read:
 8497         337.165 Contract crime; denial or revocation of a
 8498  certificate of qualification.—
 8499         (2)
 8500         (d) A contractor or affiliate whose certificate has been
 8501  denied or revoked may, at any time after denial or revocation,
 8502  petition for and be granted a hearing to determine his or her
 8503  eligibility for reapplication or reinstatement upon such terms
 8504  and conditions as may be prescribed upon finding that
 8505  reapplication or reinstatement is in the public interest. The
 8506  petition shall be filed with the department. Any hearing
 8507  conducted by the department must shall be conducted within 30
 8508  days after receipt of the petition, unless otherwise stipulated
 8509  by the parties. If the contractor or affiliate requests in the
 8510  his or her petition that the hearing be conducted by the
 8511  Division of Administrative Hearings of the Department of
 8512  Management Services, the department shall, within 5 days after
 8513  receipt of the petition, notify the division of the request. The
 8514  director of the Division of Administrative Hearings shall,
 8515  within 5 days after receipt of the notice by the department,
 8516  assign an administrative law judge, who shall conduct the
 8517  hearing within 30 days thereafter, unless otherwise stipulated
 8518  by the parties. The department shall be a party in interest in
 8519  any hearing conducted by the division of Administrative
 8520  Hearings. In determining whether reapplication or reinstatement
 8521  would be in the public interest, the department or division
 8522  administrative law judge shall give consideration to any
 8523  relevant mitigating circumstances, which may include, but are
 8524  not limited to, the following:
 8525         1. The degree of culpability;
 8526         2. Prompt and voluntary payment of damages to the state as
 8527  a result of the contractor’s violation of state or federal
 8528  antitrust laws;
 8529         3. Cooperation with any state or federal prosecution or
 8530  investigation of a contract crime;
 8531         4. Disassociation with those involved in a contract crime;
 8532         5. Reinstatement in other state or federal jurisdictions;
 8533  and
 8534         6. The needs of the department in completing its programs
 8535  in a timely, cost-effective manner.
 8536  
 8537  The department or division administrative law judge shall also
 8538  consider the failure of the contractor or affiliate to comply
 8539  with the notification provisions of subsection (5). Any hearing
 8540  requested under this paragraph must shall be conducted and
 8541  concluded without undue delay. The administrative law judge
 8542  shall, within 30 days after the hearing, complete and submit a
 8543  final order to the department, which order may not be altered or
 8544  amended by the department. If eligibility for reapplication or
 8545  reinstatement is denied, the contractor or affiliate may not
 8546  petition for a subsequent hearing for a period of 9 months
 8547  following the date of the order of denial or revocation.
 8548  However, a hearing before prior to the expiration of such period
 8549  may be authorized by the department if, in its discretion, it
 8550  determines that a hearing is in the public interest.
 8551         Section 284. Subsection (2) of section 338.2216, Florida
 8552  Statutes, is amended to read:
 8553         338.2216 Florida Turnpike Enterprise; powers and
 8554  authority.—
 8555         (2) The department may shall have the authority to employ
 8556  procurement methods available to the Department of Financial
 8557  Management Services and the Department of Environmental
 8558  Protection under chapters 255 and 287 and under any rule adopted
 8559  under such chapters solely for the benefit of the turnpike
 8560  enterprise.
 8561         Section 285. Subsection (4) of section 338.227, Florida
 8562  Statutes, is amended to read:
 8563         338.227 Turnpike revenue bonds.—
 8564         (4) The Department of Transportation and the Department of
 8565  Financial Management Services shall create and implement an
 8566  outreach program designed to enhance the participation of
 8567  minority persons and minority business enterprises in all
 8568  contracts entered into by their respective departments for
 8569  services related to the financing of department projects for the
 8570  Florida Intrastate Highway System Plan. These services must
 8571  shall include, but are not be limited to, bond counsel and bond
 8572  underwriters.
 8573         Section 286. Subsection (3) of section 350.0614, Florida
 8574  Statutes, is amended to read:
 8575         350.0614 Public Counsel; compensation and expenses.—
 8576         (3) Neither the Executive Office of the Governor nor the
 8577  Department of Personnel Management Services or its successor may
 8578  shall have power to determine the number, or fix the
 8579  compensation, of the employees of the Public Counsel or to
 8580  exercise any manner of control over them.
 8581         Section 287. Section 350.125, Florida Statutes, is amended
 8582  to read:
 8583         350.125 Administrative law judges.—Notwithstanding any
 8584  other provision of law to the contrary notwithstanding, the
 8585  commission shall use utilize administrative law judges of the
 8586  Division of Administrative Hearings of the Department of
 8587  Management Services to conduct hearings of the commission not
 8588  assigned to members of the commission.
 8589         Section 288. Subsection (2) of section 364.0135, Florida
 8590  Statutes, is amended to read:
 8591         364.0135 Promotion of broadband deployment.—
 8592         (2) The Agency for Enterprise Information Technology shall
 8593  Department of Management Services is authorized to work
 8594  collaboratively with, and to receive staffing support and other
 8595  resources from, Enterprise Florida, Inc., state agencies, local
 8596  governments, private businesses, and community organizations to:
 8597         (a) Conduct a needs assessment of broadband Internet
 8598  service in collaboration with communications service providers,
 8599  including, but not limited to, wireless and wireline Internet
 8600  service providers, to develop geographical information system
 8601  maps at the census tract level that will:
 8602         1. Identify geographic gaps in broadband services,
 8603  including areas unserved by any broadband provider and areas
 8604  served by a single broadband provider;
 8605         2. Identify the download and upload transmission speeds
 8606  made available to businesses and individuals in the state, at
 8607  the census tract level of detail, using data rate benchmarks for
 8608  broadband service used by the Federal Communications Commission
 8609  to reflect different speed tiers; and
 8610         3. Provide a baseline assessment of statewide broadband
 8611  deployment in terms of percentage of households with broadband
 8612  availability.
 8613         (b) Create a strategic plan that has goals and strategies
 8614  for increasing the use of broadband Internet service in the
 8615  state.
 8616         (c) Build and facilitate local technology planning teams or
 8617  partnerships with members representing cross-sections of the
 8618  community, which may include, but are not limited to,
 8619  representatives from the following organizations and industries:
 8620  libraries, K-12 education, colleges and universities, local
 8621  health care providers, private businesses, community
 8622  organizations, economic development organizations, local
 8623  governments, tourism, parks and recreation, and agriculture.
 8624         (d) Encourage the use of broadband Internet service,
 8625  especially in the rural, unserved, and underserved communities
 8626  of the state through grant programs having effective strategies
 8627  to facilitate the statewide deployment of broadband Internet
 8628  service. For any grants to be awarded, priority must be given to
 8629  projects that:
 8630         1. Provide access to broadband education, awareness,
 8631  training, access, equipment, and support to libraries, schools,
 8632  colleges and universities, health care providers, and community
 8633  support organizations.
 8634         2. Encourage investments in primarily unserved areas to
 8635  give consumers a choice of more than one broadband Internet
 8636  service provider.
 8637         3. Work toward establishing affordable and sustainable
 8638  broadband Internet service in unserved areas of the state.
 8639         4. Facilitate the development of applications, programs,
 8640  and services, including, but not limited to, telework,
 8641  telemedicine, and e-learning to increase the usage of, and
 8642  demand for, broadband Internet service in the state.
 8643         Section 289. Subsections (2), (3), (4), (5), (6), and (9)
 8644  of section 364.515, Florida Statutes, are amended to read:
 8645         364.515 Infrastructure investment.—
 8646         (2) In order to be eligible under this act, an eligible
 8647  facility, or a group of eligible facilities based on geographic
 8648  proximity, shall submit a technology-needs request to the Agency
 8649  for Enterprise Information Technology Department of Management
 8650  Services. The agency department shall review the technology
 8651  needs request to determine if it conforms to the standards
 8652  outlined in the State Education Technology Committee’s plan. If
 8653  the technology-needs request does not conform to the plan, then
 8654  the agency department shall return the request to the eligible
 8655  facility or group for modifications. After modification of a
 8656  technology-needs request it can then be resubmitted by the
 8657  eligible facility or a group of eligible facilities. A
 8658  technology-needs request shall be submitted to the agency by
 8659  department no later than July 1, 1997. Nothing in this section
 8660  shall prevent The agency may group Department of Management
 8661  Services from grouping eligible facilities technology requests
 8662  if when such grouping would result in the most efficient method
 8663  to deliver advanced telecommunications services.
 8664         (3) Once a technology-needs request or group request has
 8665  been received and has been determined to meet the standards
 8666  outlined in the plan, the Agency for Enterprise Information
 8667  Technology Department of Management Services shall acquire
 8668  advanced telecommunications services requested by an eligible
 8669  facility or group of eligible facilities pursuant to chapter
 8670  287. The agency Department of Management Services shall
 8671  establish specifications to acquire the advanced
 8672  telecommunications infrastructure needed to provide advanced
 8673  telecommunications services. The advanced telecommunications
 8674  infrastructure used to provide such connections to the eligible
 8675  facilities shall be provided at no cost in an amount not to
 8676  exceed $20,000 per eligible facility. If In those instances in
 8677  which a competitive bid is not received, advanced
 8678  telecommunications services to be provided over this
 8679  communication infrastructure must shall be priced below
 8680  commercially available rates for comparable service and less
 8681  than the statewide average of such services.
 8682         (4) Notwithstanding the requirements in subsection (3), in
 8683  geographic areas where interconnection between entities is the
 8684  most efficient method of providing advanced telecommunications
 8685  services, the Agency for Enterprise Information Technology
 8686  Department of Management Services may suggest, along with the
 8687  commission, such interconnection arrangements.
 8688         (5) Any entity may submit a bid or proposal in response to
 8689  the solicitation for services by the Agency for Enterprise
 8690  Information Technology Department of Management Services. The
 8691  agency Department of Management Services shall award a bid in
 8692  conformity with chapter 287, and may not require under no
 8693  circumstances shall the bidder be required to install facilities
 8694  until the eligible facility is ready to use utilize the
 8695  services. If no bids or proposals are received in response to a
 8696  solicitation issued by the Department of Management Services,
 8697  the agency Department of Management Services shall obtain the
 8698  name and address from the commission of the carrier of last
 8699  resort in the territory of the eligible facility and provide
 8700  that carrier of last resort with a description of the advanced
 8701  telecommunications services that must be provided. If no bids or
 8702  proposals are submitted for the provision of advanced
 8703  telecommunications services to an eligible facility, the
 8704  telecommunications company serving as the carrier of last resort
 8705  to such eligible facility shall provide the advanced
 8706  telecommunications services.
 8707         (6) Advanced telecommunications services to be provided by
 8708  the entity awarded the contract or, if no bid or proposal is
 8709  received, the carrier of last resort must shall be provided
 8710  within 6 months or at such later date as the eligible facility
 8711  may specify. If In the event that a technology-needs request is
 8712  received by July 1, 1997, but is requested not to be completed
 8713  until after January 1, 1999, the Agency for Enterprise
 8714  Information Technology Department of Management Services shall
 8715  then issue a solicitation closer to the time the advanced
 8716  telecommunications services are requested. The entities
 8717  providing advanced telecommunications services pursuant to this
 8718  chapter shall abide by the same terms and conditions as those
 8719  eligible facilities requesting such services by January 1, 1999.
 8720         (9) Nothing in This part does not shall preclude the Agency
 8721  for Enterprise Information Technology Department of Management
 8722  Services from combining an eligible facility with any grouping
 8723  of qualified subscribers as defined in chapter 282, to create
 8724  the most cost-effective and efficient access to network
 8725  services.
 8726         Section 290. Section 364.516, Florida Statutes, is amended
 8727  to read:
 8728         364.516 Penalties.—If In the event that the provision of
 8729  advanced telecommunications services to a requesting eligible
 8730  facility pursuant to s. 364.515(5) or (6) is not performed by
 8731  the entity awarded the contract or by a carrier of last resort
 8732  or within the date specified in the solicitation, except in
 8733  those instances in which acts of God may have prevented the
 8734  bidder from completing the contract, the eligible facility or
 8735  the Agency for Enterprise Information Technology Department of
 8736  Management Services may petition the commission for an order
 8737  enforcing the requirements. The commission shall act upon such
 8738  petition within 60 days and, if in the event the commission
 8739  finds that the entity that has been awarded the contract or the
 8740  carrier of last resort has not performed as specified in this
 8741  part, the commission shall order the entities to perform as
 8742  required in the contract or by this part. If In the event the
 8743  entity fails to comply with the commission’s order within 60
 8744  days, the commission shall impose a fine on the bidding company
 8745  or carrier of last resort of $25,000 per eligible facility
 8746  specified in the contract. Any fines collected under this
 8747  section shall be deposited in the General Revenue Fund to be
 8748  allocated back to the specific requesting area where the
 8749  eligible facility is located to implement advanced
 8750  telecommunications services.
 8751         Section 291. Paragraph (a) of subsection (3) of section
 8752  365.171, Florida Statutes, is amended to read:
 8753         365.171 Emergency communications number E911 state plan.—
 8754         (3) DEFINITIONS.—As used in this section, the term:
 8755         (a) “Office” means the Technology Program within the
 8756  Department of Law Enforcement Management Services, as designated
 8757  by the department’s executive director secretary of the
 8758  department.
 8759         Section 292. Paragraph (t) of subsection (3), paragraph (a)
 8760  of subsection (6), paragraph (c) of subsection (7), and
 8761  paragraph (f) of subsection (12) of section 365.172, Florida
 8762  Statutes, are amended to read:
 8763         365.172 Emergency communications number “E911.”—
 8764         (3) DEFINITIONS.—Only as used in this section and ss.
 8765  365.171, 365.173, and 365.174, the term:
 8766         (t) “Office” means the Technology Program within the
 8767  Department of Law Enforcement Management Services, as designated
 8768  by the department’s executive director secretary of the
 8769  department.
 8770         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 8771         (a) The board shall:
 8772         1. Administer the E911 fee.
 8773         2. Implement, maintain, and oversee the fund.
 8774         3. Review and oversee the disbursement of the revenues
 8775  deposited into the fund as provided in s. 365.173.
 8776         a. The board may establish a schedule for implementing
 8777  wireless E911 service by service area, and prioritize
 8778  disbursements of revenues from the fund to providers and rural
 8779  counties as provided in s. 365.173(2)(d) and (g) pursuant to the
 8780  schedule, in order to implement E911 services in the most
 8781  efficient and cost-effective manner.
 8782         b. Revenues in the fund which have not been disbursed
 8783  because sworn invoices as required by s. 365.173(2)(d) have not
 8784  been submitted to the board may be used by the board as needed
 8785  to provide grants to counties for the purpose of upgrading E911
 8786  systems. The counties must use the funds only for capital
 8787  expenditures directly attributable to establishing and
 8788  provisioning E911 services, which may include next-generation
 8789  deployment. Before distributing the Prior to the distribution of
 8790  grants, the board shall provide 90 days’ written notice to all
 8791  counties and publish electronically an approved application
 8792  process electronically. County grant applications shall be
 8793  prioritized based on the availability of funds, current system
 8794  life expectancy, system replacement needs, and Phase II
 8795  compliance per the Federal Communications Commission. No grants
 8796  will be available to any county for next-generation deployment
 8797  until all counties are Phase II complete. The board shall take
 8798  all actions within its authority to ensure that county
 8799  recipients of such grants use these funds only for the purpose
 8800  under which they have been provided and may take any actions
 8801  within its authority to secure county repayment of grant
 8802  revenues upon determination that the funds were not used for the
 8803  purpose for under which they were provided.
 8804         c. The board shall reimburse all costs of a wireless
 8805  provider in accordance with s. 365.173(2)(d) before taking any
 8806  action to transfer additional funds.
 8807         d. By September 1, 2007, the board shall authorize the
 8808  transfer of up to $15 million to the counties from existing
 8809  money within the fund established under s. 365.173(1). The money
 8810  shall be disbursed equitably to all of the counties using a
 8811  timeframe and distribution methodology established by the board
 8812  before September 1, 2007, in order to prevent a loss to the
 8813  counties in the ordinary and expected time value of money caused
 8814  by any timing delay in remittance to the counties of wireline
 8815  fees caused by the one-time transfer of collecting wireline fees
 8816  by the counties to the board. All disbursements for this purpose
 8817  must be returned to the fund from future remittances by the
 8818  nonwireless category.
 8819         e. After taking the action required in sub-subparagraphs
 8820  a.-d., the board may review and, with all members participating
 8821  in the vote, adjust the percentage allocations or adjust the
 8822  amount of the fee, or both, under paragraph (8)(h), and, if the
 8823  board determines that the revenues in the wireless category
 8824  exceed the amount needed to reimburse wireless providers for the
 8825  cost to implement E911 services, the board may transfer revenue
 8826  to the counties from the existing funds within the wireless
 8827  category. The board shall disburse the funds equitably to all
 8828  counties using a timeframe and distribution methodology
 8829  established by the board.
 8830         4. Review documentation submitted by wireless providers
 8831  which reflects current and projected funds derived from the fee,
 8832  and the expenses incurred and expected to be incurred in order
 8833  to comply with the E911 service requirements contained in the
 8834  order for the purposes of:
 8835         a. Ensuring that wireless providers receive fair and
 8836  equitable distributions of funds from the fund.
 8837         b. Ensuring that wireless providers are not provided
 8838  disbursements from the fund which exceed the costs of providing
 8839  E911 service, including the costs of complying with the order.
 8840         c. Ascertaining the projected costs of compliance with the
 8841  requirements of the order and projected collections of the fee.
 8842         d. Implementing changes to the allocation percentages or
 8843  adjusting the fee under paragraph (8)(i).
 8844         5. Meet monthly in the most efficient and cost-effective
 8845  manner, including telephonically if when practical, for the
 8846  business to be conducted, to review and approve or reject, in
 8847  whole or in part, applications submitted by wireless providers
 8848  for recovery of moneys deposited into the wireless category, and
 8849  to authorize the transfer of, and distribute, the fee allocation
 8850  to the counties.
 8851         6. Hire and retain employees, which may include an
 8852  independent executive director who must shall possess experience
 8853  in the area of telecommunications and emergency 911 issues, for
 8854  the purposes of performing the technical and administrative
 8855  functions for the board.
 8856         7. Make and enter into contracts, pursuant to chapter 287,
 8857  and execute other instruments necessary or convenient for the
 8858  exercise of the powers and functions of the board.
 8859         8. Sue and be sued, and appear and defend in all actions
 8860  and proceedings, in its corporate name to the same extent as a
 8861  natural person.
 8862         9. Adopt, use, and alter a common corporate seal.
 8863         10. Elect or appoint the officers and agents that are
 8864  required by the affairs of the board.
 8865         11. The board may adopt rules under ss. 120.536(1) and
 8866  120.54 to implement this section and ss. 365.173 and 365.174.
 8867         12. Provide coordination, support, and technical assistance
 8868  to counties to promote the deployment of advanced 911 and E911
 8869  systems in the state.
 8870         13. Provide coordination and support for educational
 8871  opportunities related to E911 issues for the E911 community in
 8872  this state.
 8873         14. Act as an advocate for issues related to E911 system
 8874  functions, features, and operations to improve the delivery of
 8875  E911 services to the residents of and visitors to this state.
 8876         15. Coordinate input from this state at national forums and
 8877  associations, to ensure that policies related to E911 systems
 8878  and services are consistent with the policies of the E911
 8879  community in this state.
 8880         16. Work cooperatively with the system director established
 8881  in s. 365.171(5) to enhance the state of E911 services in this
 8882  state and to provide unified leadership for all E911 issues
 8883  through planning and coordination.
 8884         17. Do all acts and things necessary or convenient to carry
 8885  out the powers granted in this section in a manner that is
 8886  competitively and technologically neutral as to all voice
 8887  communications services providers, including, but not limited
 8888  to, consideration of emerging technology and related cost
 8889  savings, while taking into account embedded costs in current
 8890  systems.
 8891         18. Have the authority to secure the services of an
 8892  independent, private attorney via invitation to bid, request for
 8893  proposals, invitation to negotiate, or professional contracts
 8894  for legal services already established at the Division of
 8895  Purchasing of the Department of Financial Management Services.
 8896         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
 8897         (c) After July 1, 2004, The board may secure the services
 8898  of an independent accounting firm via invitation to bid, request
 8899  for proposals, invitation to negotiate, or professional
 8900  contracts already established at the Division of Purchasing,
 8901  Department of Financial Management Services, for certified
 8902  public accounting firms, or the board may hire and retain
 8903  professional accounting staff to accomplish these functions.
 8904         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 8905  the public need for reliable E911 services through reliable
 8906  wireless systems and the public interest served by governmental
 8907  zoning and land development regulations and notwithstanding any
 8908  other law or local ordinance to the contrary, the following
 8909  standards shall apply to a local government’s actions, as a
 8910  regulatory body, in the regulation of the placement,
 8911  construction, or modification of a wireless communications
 8912  facility. This subsection shall not, however, be construed to
 8913  waive or alter the provisions of s. 286.011 or s. 286.0115. For
 8914  the purposes of this subsection only, “local government” shall
 8915  mean any municipality or county and any agency of a municipality
 8916  or county only. The term “local government” does not, however,
 8917  include any airport, as defined by s. 330.27(2), even if it is
 8918  owned or controlled by or through a municipality, county, or
 8919  agency of a municipality or county. Further, notwithstanding
 8920  anything in this section to the contrary, this subsection does
 8921  not apply to or control a local government’s actions as a
 8922  property or structure owner in the use of any property or
 8923  structure owned by such entity for the placement, construction,
 8924  or modification of wireless communications facilities. In the
 8925  use of property or structures owned by the local government,
 8926  however, a local government may not use its regulatory authority
 8927  so as to avoid compliance with, or in a manner that does not
 8928  advance, the provisions of this subsection.
 8929         (f) Notwithstanding any other law to the contrary
 8930  notwithstanding, the Department of Law Enforcement Management
 8931  Services shall negotiate, in the name of the state, leases for
 8932  wireless communications facilities that provide access to state
 8933  government-owned property not acquired for transportation
 8934  purposes, and the Department of Transportation shall negotiate,
 8935  in the name of the state, leases for wireless communications
 8936  facilities that provide access to property acquired for state
 8937  rights-of-way. On property acquired for transportation purposes,
 8938  leases shall be granted in accordance with s. 337.251. On other
 8939  state government-owned property, leases shall be granted on a
 8940  space available, first-come, first-served basis. Payments
 8941  required by state government under a lease must be reasonable
 8942  and must reflect the market rate for the use of the state
 8943  government-owned property. The Department of Law Enforcement
 8944  Management Services and the Department of Transportation may are
 8945  authorized to adopt rules for the terms and conditions and
 8946  granting of any such leases.
 8947         Section 293. Subsection (1) of section 365.173, Florida
 8948  Statutes, is amended to read:
 8949         365.173 Emergency Communications Number E911 System Fund.—
 8950         (1) All revenues derived from the fee levied on subscribers
 8951  under s. 365.172 must be paid by the board into the State
 8952  Treasury on or before the 15th day of each month. Such moneys
 8953  must be accounted for in a special fund to be designated as the
 8954  Emergency Communications Number E911 System Fund, a fund created
 8955  in the Technology Program within the Department of Law
 8956  Enforcement, or other office as designated by the department’s
 8957  executive director Secretary of Management Services, and, for
 8958  accounting purposes, must be segregated into two separate
 8959  categories:
 8960         (a) the wireless category; and
 8961         (b) the nonwireless category. All moneys must be invested
 8962  by the Chief Financial Officer pursuant to s. 17.61. All moneys
 8963  in such fund are to be expended by the office for the purposes
 8964  provided in this section and s. 365.172. These funds are not
 8965  subject to s. 215.20.
 8966         Section 294. Section 373.4596, Florida Statutes, is amended
 8967  to read:
 8968         373.4596 State compliance with stormwater management
 8969  programs.—The state, through the department of Management
 8970  Services, the Department of Transportation, and other agencies,
 8971  shall construct, operate, and maintain buildings, roads, and
 8972  other facilities it owns, leases, or manages to fully comply
 8973  with state, water management district, and local government
 8974  stormwater management programs.
 8975         Section 295. Paragraph (f) of subsection (5) of section
 8976  373.461, Florida Statutes, is amended to read:
 8977         373.461 Lake Apopka improvement and management.—
 8978         (5) PURCHASE OF AGRICULTURAL LANDS.—
 8979         (f)1. Tangible personal property acquired by the district
 8980  as part of related facilities pursuant to this section, and
 8981  classified as surplus by the district, shall be sold by the
 8982  Department of Financial Management Services. The department of
 8983  Management Services shall deposit the proceeds of such sale in
 8984  the Economic Development Trust Fund in the Executive Office of
 8985  the Governor. The proceeds shall be used to provide for the
 8986  purpose of providing economic and infrastructure development in
 8987  portions of northwestern Orange County and east central Lake
 8988  County which will be adversely affected economically due to the
 8989  acquisition of lands pursuant to this subsection.
 8990         2. The Office of Tourism, Trade, and Economic Development
 8991  shall, upon presentation of the appropriate documentation
 8992  justifying expenditure of the funds deposited pursuant to this
 8993  paragraph, pay any obligation for which it has sufficient funds
 8994  from the proceeds of the sale of tangible personal property and
 8995  which meets the limitations specified in paragraph (g). The
 8996  authority of the office of Tourism, Trade, and Economic
 8997  Development to expend such funds shall expire 5 years after from
 8998  the effective date of this paragraph. Such expenditures may
 8999  occur without future appropriation from the Legislature.
 9000         3. Funds deposited under this paragraph may not be used for
 9001  any purpose other than those enumerated in paragraph (g).
 9002         Section 296. Section 376.10, Florida Statutes, is amended
 9003  to read:
 9004         376.10 Personnel and equipment.—The department shall
 9005  establish and maintain at such ports within the state and other
 9006  places as it shall determine such employees and equipment as in
 9007  its judgment may be necessary to carry out the provisions of ss.
 9008  376.011-376.21. The department may employ and prescribe the
 9009  duties of such employees, subject to the rules and regulations
 9010  of the Department of Personnel Management Services. The salaries
 9011  of the employees and the cost of the equipment shall be paid
 9012  from the Florida Coastal Protection Trust Fund established by
 9013  ss. 376.011-376.21. The department shall periodically consult
 9014  with other agencies departments of the state relative to
 9015  procedures for the prevention of discharges of pollutants into
 9016  or affecting the coastal waters of the state from operations
 9017  regulated by ss. 376.011-376.21.
 9018         Section 297. Paragraph (k) of subsection (2) of section
 9019  377.703, Florida Statutes, is amended to read:
 9020         377.703 Additional functions of the Florida Energy and
 9021  Climate Commission.—
 9022         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
 9023  commission shall perform the following functions consistent with
 9024  the development of a state energy policy:
 9025         (k) The commission shall coordinate energy-related programs
 9026  of state government, including, but not limited to, the programs
 9027  provided in this section. To this end, the commission shall:
 9028         1. Provide assistance to other state agencies, counties,
 9029  municipalities, and regional planning agencies to further and
 9030  promote their energy planning activities.
 9031         2. Require, in cooperation with the Department of
 9032  Environmental Protection Management Services, that all state
 9033  agencies to operate state-owned and state-leased buildings in
 9034  accordance with energy conservation standards as adopted by the
 9035  department of Management Services. Every 3 months, the
 9036  department of Management Services shall furnish the commission
 9037  with data on agencies’ energy consumption and emissions of
 9038  greenhouse gases in a format prescribed by the commission.
 9039         3. Promote the development and use of renewable energy
 9040  resources, energy efficiency technologies, and conservation
 9041  measures.
 9042         4. Promote the recovery of energy from wastes, including,
 9043  but not limited to, the use of waste heat, the use of
 9044  agricultural products as a source of energy, and recycling of
 9045  manufactured products. Such promotion must shall be conducted in
 9046  conjunction with, and after consultation with, the Department of
 9047  Environmental Protection and the Florida Public Service
 9048  Commission where electrical generation or natural gas is
 9049  involved, and any other relevant federal, state, or local
 9050  governmental agency having responsibility for resource recovery
 9051  programs.
 9052         Section 298. Subsection (9) of section 381.98, Florida
 9053  Statutes, is amended to read:
 9054         381.98 The Florida Public Health Institute, Inc.;
 9055  establishment; purpose; mission; duties; board of directors.—
 9056         (9) The corporation may purchase goods, services, and
 9057  property for use by the Department of Health. These purchases
 9058  are not subject to the provisions of chapters 253, 255, and 287,
 9059  or nor to the control or direction of the Department of
 9060  Environmental Protection or the Department of Financial
 9061  Management Services.
 9062         Section 299. Section 394.9151, Florida Statutes, is amended
 9063  to read:
 9064         394.9151 Contract authority.—The Department of Children and
 9065  Family Services may contract with a private entity or state
 9066  agency for use of and operation of facilities to comply with the
 9067  requirements of this part act. The department of Children and
 9068  Family Services may also contract with the Department of
 9069  Financial Management Services to issue a request for proposals
 9070  and monitor contract compliance for these services.
 9071         Section 300. Section 395.1031, Florida Statutes, is amended
 9072  to read:
 9073         395.1031 Emergency medical services; communication.—Each
 9074  licensed hospital with an emergency department must be capable
 9075  of communicating by two-way radio with all ground-based basic
 9076  life support service vehicles and advanced life support service
 9077  vehicles that operate within the hospital’s service area under a
 9078  state permit and with all rotorcraft air ambulances that operate
 9079  under a state permit. The hospital’s radio system must be
 9080  capable of interfacing with municipal mutual aid channels
 9081  designated by the Department of Law Enforcement Management
 9082  Services and the Federal Communications Commission.
 9083         Section 301. Subsection (5) of section 400.121, Florida
 9084  Statutes, is amended to read:
 9085         400.121 Denial, suspension, revocation of license;
 9086  administrative fines; procedure; order to increase staffing.—
 9087         (5) An action taken by the agency to deny, suspend, or
 9088  revoke a facility’s license under this part or part II of
 9089  chapter 408 shall be heard by the Division of Administrative
 9090  Hearings of the Department of Management Services within 60 days
 9091  after the assignment of an administrative law judge, unless the
 9092  time limitation is waived by both parties. The administrative
 9093  law judge must render a decision within 30 days after receipt of
 9094  a proposed recommended order.
 9095         Section 302. Section 401.013, Florida Statutes, is amended
 9096  to read:
 9097         401.013 Legislative intent.—It is the intention and purpose
 9098  of the Legislature that a statewide system of regional emergency
 9099  medical telecommunications be developed whereby maximum use of
 9100  existing radio channels is achieved in order to more effectively
 9101  and rapidly provide emergency medical service to the general
 9102  population. To this end, all emergency medical service entities
 9103  within the state are directed to provide the Department of Law
 9104  Enforcement Management Services with any information the
 9105  department requests for the purpose of implementing the
 9106  provisions of s. 401.015, and such entities shall comply with
 9107  the resultant provisions established pursuant to this part.
 9108         Section 303. Section 401.015, Florida Statutes, is amended
 9109  to read:
 9110         401.015 Statewide regional emergency medical
 9111  telecommunication system.—The Department of Law Enforcement
 9112  shall Management Services is authorized and directed to develop
 9113  a statewide system of regional emergency medical
 9114  telecommunications. For the purpose of this part, the term
 9115  “telecommunications” means those voice, data, and signaling
 9116  transmissions and receptions between emergency medical service
 9117  components, including, but not limited to: ambulances; rescue
 9118  vehicles; hospitals or other related emergency receiving
 9119  facilities; emergency communications centers; physicians and
 9120  emergency medical personnel; paging facilities; law enforcement
 9121  and fire protection agencies; and poison control, suicide, and
 9122  emergency management agencies. In formulating such a system, the
 9123  department shall divide the state into appropriate regions and
 9124  shall develop a program that which includes, but is not limited
 9125  to, the following provisions:
 9126         (1) A requirements provision that states, which shall state
 9127  the telecommunications requirements for each emergency medical
 9128  entity comprising the region.
 9129         (2) An interfacility communications provision that depicts,
 9130  which shall depict the telecommunications interfaces between the
 9131  various medical service entities that which operate within the
 9132  region and state.
 9133         (3) An organizational layout provision that includes, which
 9134  shall include each emergency medical entity and the number of
 9135  base, mobile, handheld, or other radio operating units (base,
 9136  mobile, handheld, etc.) per entity.
 9137         (4) A frequency allocation and use provision that includes,
 9138  which shall include on an entity basis each assigned and planned
 9139  radio channel and the simplex, duplex, or other type of
 9140  operation (simplex, duplex, half duplex, etc.) on each channel.
 9141         (5) An operational provision that includes, which shall
 9142  include dispatching, logging, and operating procedures
 9143  pertaining to telecommunications on an entity basis and regional
 9144  basis.
 9145         (6) An emergency medical service telephone provision that
 9146  includes, which shall include the telephone and the numbering
 9147  plan throughout the region for both the public and interface
 9148  requirements.
 9149         Section 304. Section 401.018, Florida Statutes, is amended
 9150  to read:
 9151         401.018 System coordination.—
 9152         (1) The statewide system of regional emergency medical
 9153  telecommunications shall be developed by the Department of Law
 9154  Enforcement Management Services, which department shall be
 9155  responsible for the implementation and coordination of such
 9156  system into the state telecommunications plan. The department
 9157  shall adopt any necessary rules and regulations for implementing
 9158  and coordinating such a system.
 9159         (2) The Department of Law Enforcement is Management
 9160  Services shall be designated as the state frequency coordinator
 9161  for the special emergency radio service.
 9162         Section 305. Section 401.021, Florida Statutes, is amended
 9163  to read:
 9164         401.021 System director.—The executive director of Law
 9165  Enforcement Secretary of Management Services or a his or her
 9166  designee shall be is designated as the director of the statewide
 9167  telecommunications system of the regional emergency medical
 9168  service and, for the purpose of carrying out the provisions of
 9169  this part, may is authorized to coordinate the activities of the
 9170  telecommunications system with other interested state, county,
 9171  local, and private agencies.
 9172         Section 306. Section 401.024, Florida Statutes, is amended
 9173  to read:
 9174         401.024 System approval.—An From July 1, 1973, no emergency
 9175  medical telecommunications system may not shall be established
 9176  or present systems expanded without prior approval of the
 9177  Department of Law Enforcement Management Services.
 9178         Section 307. Section 401.027, Florida Statutes, is amended
 9179  to read:
 9180         401.027 Federal assistance.—The executive director of Law
 9181  Enforcement Secretary of Management Services or a his or her
 9182  designee may is authorized to apply for and accept federal
 9183  funding assistance in the development and implementation of a
 9184  statewide emergency medical telecommunications system.
 9185         Section 308. Paragraph (b) of subsection (2) of section
 9186  401.245, Florida Statutes, is amended to read:
 9187         401.245 Emergency Medical Services Advisory Council.—
 9188         (2)
 9189         (b) Representation on the Emergency Medical Services
 9190  Advisory Council must shall include: two licensed physicians who
 9191  are medical directors” as defined in s. 401.23(15) or whose
 9192  medical practice is closely related to emergency medical
 9193  services; two emergency medical service administrators, one of
 9194  whom is employed by a fire service; two certified paramedics,
 9195  one of whom is employed by a fire service; two certified
 9196  emergency medical technicians, one of whom is employed by a fire
 9197  service; one emergency medical services educator; one emergency
 9198  nurse; one hospital administrator; one representative of air
 9199  ambulance services; one representative of a commercial ambulance
 9200  operator; and two laypersons who are in no way connected with
 9201  emergency medical services, one of whom is a representative of
 9202  the elderly. Ex officio members of the advisory council from
 9203  state agencies must shall include, but are shall not be limited
 9204  to, representatives from the Department of Education, the
 9205  Department of Law Enforcement Management Services, the State
 9206  Fire Marshal, the Department of Highway Safety and Motor
 9207  Vehicles, the Department of Transportation, and the Department
 9208  of Community Affairs.
 9209         Section 309. Section 402.35, Florida Statutes, is amended
 9210  to read:
 9211         402.35 Employees.—All personnel of the Department of
 9212  Children and Family Services shall be governed by rules and
 9213  regulations adopted and promulgated by the Department of
 9214  Personnel Management Services relative thereto except for the
 9215  director and persons paid on a fee basis. The Department of
 9216  Children and Family Services may participate with other state
 9217  departments and agencies in a joint merit system. A No federal,
 9218  state, county, or municipal officer may not shall be eligible to
 9219  serve as an employee of the Department of Children and Family
 9220  Services.
 9221         Section 310. Paragraph (a) of subsection (2) of section
 9222  402.50, Florida Statutes, is amended to read:
 9223         402.50 Administrative infrastructure; legislative intent;
 9224  establishment of standards.—
 9225         (2) ADMINISTRATIVE INFRASTRUCTURE STANDARDS.—
 9226         (a) The department, in conjunction with the Department of
 9227  Personnel Management Services and the Governor’s Office of
 9228  Policy and Budget Planning and Budgeting, shall develop
 9229  standards for administrative infrastructure funding and staffing
 9230  to support the department and contract service providers in the
 9231  execution of their duties and responsibilities.
 9232         Section 311. Paragraph (b) of subsection (14) of section
 9233  403.061, Florida Statutes, is amended to read:
 9234         403.061 Department; powers and duties.—The department shall
 9235  have the power and the duty to control and prohibit pollution of
 9236  air and water in accordance with the law and rules adopted and
 9237  promulgated by it and, for this purpose, to:
 9238         (14) Establish a permit system whereby a permit may be
 9239  required for the operation, construction, or expansion of any
 9240  installation that may be a source of air or water pollution and
 9241  provide for the issuance and revocation of such permits and for
 9242  the posting of an appropriate bond to operate.
 9243         (b) The provisions of chapter 120 shall be accorded any
 9244  person when substantial interests will be affected by an
 9245  activity proposed to be conducted by the Department of
 9246  Transportation pursuant to its certification and the acceptance
 9247  of the department. If a proceeding is conducted pursuant to ss.
 9248  120.569 and 120.57, the department may intervene as a party. If
 9249  Should an administrative law judge of the Division of
 9250  Administrative Hearings submits of the Department of Management
 9251  Services submit a recommended order pursuant to ss. 120.569 and
 9252  120.57, the department shall issue a final department order
 9253  adopting, rejecting, or modifying the recommended order pursuant
 9254  to such action.
 9255  
 9256  The department shall implement such programs in conjunction with
 9257  its other powers and duties and shall place special emphasis on
 9258  reducing and eliminating contamination that presents a threat to
 9259  humans, animals or plants, or to the environment.
 9260         Section 312. Paragraph (b) of subsection (3) of section
 9261  403.42, Florida Statutes, is amended to read:
 9262         403.42 Florida Clean Fuel Act.—
 9263         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
 9264  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.—
 9265         (b)1. The advisory board shall consist of the Secretary of
 9266  Community Affairs, or a designee from that department, the
 9267  Secretary of Environmental Protection, or a designee from that
 9268  department, the Commissioner of Education, or a designee from
 9269  that department, the Secretary of Transportation, or a designee
 9270  from that department, the Commissioner of Agriculture, or a
 9271  designee from the Department of Agriculture and Consumer
 9272  Services, the Chief Financial Officer Secretary of Management
 9273  Services, or a designee from that department, and a
 9274  representative of each of the following, who shall be appointed
 9275  by the Secretary of Environmental Protection:
 9276         a. The Florida biodiesel industry.
 9277         b. The Florida electric utility industry.
 9278         c. The Florida natural gas industry.
 9279         d. The Florida propane gas industry.
 9280         e. An automobile manufacturers’ association.
 9281         f. A Florida Clean Cities Coalition designated by the
 9282  United States Department of Energy.
 9283         g. Enterprise Florida, Inc.
 9284         h. EV Ready Broward.
 9285         i. The Florida petroleum industry.
 9286         j. The Florida League of Cities.
 9287         k. The Florida Association of Counties.
 9288         l. Floridians for Better Transportation.
 9289         m. A motor vehicle manufacturer.
 9290         n. Florida Local Environment Resource Agencies.
 9291         o. Project for an Energy Efficient Florida.
 9292         p. Florida Transportation Builders Association.
 9293         2. The purpose of the advisory board is to serve as a
 9294  resource for the department and to provide the Governor, the
 9295  Legislature, and the Secretary of Environmental Protection with
 9296  private sector and other public agency perspectives on achieving
 9297  the goal of increasing the use of alternative fuel vehicles in
 9298  this state.
 9299         3. Members shall be appointed to serve terms of 1 year
 9300  each, with reappointment at the discretion of the Secretary of
 9301  Environmental Protection. Vacancies shall be filled for the
 9302  remainder of the unexpired term in the same manner as the
 9303  original appointment.
 9304         4. The board shall annually select a chairperson.
 9305         5.a. The board shall meet at least once each quarter or
 9306  more often at the call of the chairperson or the Secretary of
 9307  Environmental Protection.
 9308         b. Meetings are exempt from the notice requirements of
 9309  chapter 120, and sufficient notice must shall be given to afford
 9310  interested persons reasonable notice under the circumstances.
 9311         6. Members of the board are entitled to travel expenses
 9312  while engaged in the performance of board duties.
 9313         7. The board shall terminate 5 years after the effective
 9314  date of this act.
 9315         Section 313. Paragraph (b) of subsection (2) and paragraph
 9316  (b) of subsection (3) of section 403.518, Florida Statutes, are
 9317  amended to read:
 9318         403.518 Fees; disposition.—The department shall charge the
 9319  applicant the following fees, as appropriate, which, unless
 9320  otherwise specified, shall be paid into the Florida Permit Fee
 9321  Trust Fund:
 9322         (2) An application fee, which shall not exceed $200,000.
 9323  The fee shall be fixed by rule on a sliding scale related to the
 9324  size, type, ultimate site capacity, or increase in electrical
 9325  generating capacity proposed by the application.
 9326         (b) The following percentages shall be transferred to the
 9327  Operating Trust Fund of the Division of Administrative Hearings
 9328  of the Department of Management Services:
 9329         1. Five percent to compensate expenses from the initial
 9330  exercise of duties associated with the filing of an application.
 9331         2. An additional 5 percent if a land use hearing is held
 9332  pursuant to s. 403.508.
 9333         3. An additional 10 percent if a certification hearing is
 9334  held pursuant to s. 403.508.
 9335         (3)
 9336         (b) The fee shall be submitted to the department with a
 9337  petition for modification pursuant to s. 403.516. The This fee
 9338  shall be established, disbursed, and processed in the same
 9339  manner as the application fee in subsection (2), except that the
 9340  Division of Administrative Hearings may shall not receive a
 9341  portion of the fee unless the petition for certification
 9342  modification is referred to the Division of Administrative
 9343  Hearings for hearing. If the petition is so referred, only
 9344  $10,000 of the fee shall be transferred to the Operating Trust
 9345  Fund of the Division of Administrative Hearings of the
 9346  Department of Personnel Management Services.
 9347         Section 314. Paragraph (c) of subsection (1) of section
 9348  403.5365, Florida Statutes, is amended to read:
 9349         403.5365 Fees; disposition.—The department shall charge the
 9350  applicant the following fees, as appropriate, which, unless
 9351  otherwise specified, shall be paid into the Florida Permit Fee
 9352  Trust Fund:
 9353         (1) An application fee.
 9354         (c) The following percentages shall be transferred to the
 9355  Operating Trust Fund of the Division of Administrative Hearings
 9356  of the Department of Personnel Management Services:
 9357         1. Five percent to compensate for expenses from the initial
 9358  exercise of duties associated with the filing of an application.
 9359         2. An additional 10 percent if an administrative hearing
 9360  under s. 403.527 is held.
 9361         Section 315. Subsection (1) of section 403.7065, Florida
 9362  Statutes, is amended to read:
 9363         403.7065 Procurement of products or materials with recycled
 9364  content.—
 9365         (1) Except as provided in s. 287.045, any state agency or
 9366  agency of a political subdivision of the state which is using
 9367  state funds, or any person contracting with any such agency with
 9368  respect to work performed under contract, must is required to
 9369  procure products or materials that have with recycled content if
 9370  when the Department of Financial Management Services determines
 9371  that those products or materials are available. A decision not
 9372  to procure such items must be based on the department’s
 9373  Department of Management Services’ determination that such
 9374  procurement is not reasonably available within an acceptable
 9375  period of time, fails to meet the performance standards set
 9376  forth in the applicable specifications, or fails to meet the
 9377  performance standards of the agency. If When the requirements of
 9378  s. 287.045 are met, agencies are shall be subject to the
 9379  procurement requirements of that section for procuring products
 9380  or materials with recycled content.
 9381         Section 316. Paragraphs (a) and (d) of subsection (1) and
 9382  subsection (3) of section 403.714, Florida Statutes, are amended
 9383  to read:
 9384         403.714 Duties of state agencies.—
 9385         (1) Each state agency, the judicial branch of state
 9386  government, and the State University System shall:
 9387         (a) Establish a program, in cooperation with the department
 9388  and the Department of Financial Management Services, for the
 9389  collection of all recyclable materials generated in state
 9390  offices and institutions throughout the state, including, at a
 9391  minimum, aluminum, high-grade office paper, and corrugated
 9392  paper.
 9393         (d) Establish and implement, in cooperation with the
 9394  department and the Department of Financial Management Services,
 9395  a solid waste reduction program for materials used in the course
 9396  of agency operations. The program shall be designed and
 9397  implemented to achieve the maximum feasible reduction of solid
 9398  waste generated as a result of agency operations.
 9399         (3) All state agencies, including, but not limited to, the
 9400  Department of Transportation, the department, and the Department
 9401  of Financial Management Services and local governments, must are
 9402  required to procure compost products if when they can be
 9403  substituted for, and cost no more than, regular soil amendment
 9404  products, provided the compost products meet all applicable
 9405  state standards, specifications, and regulations.
 9406         Section 317. Subsection (1) of section 403.7145, Florida
 9407  Statutes, is amended to read:
 9408         403.7145 Recycling.—
 9409         (1) The Capitol and the House and Senate office buildings
 9410  constitute the Capitol recycling area. The Florida House of
 9411  Representatives, the Florida Senate, and the Office of the
 9412  Governor, the Secretary of State, and each Cabinet officer who
 9413  heads a department that occupies office space in the Capitol,
 9414  shall institute a recycling program for their respective offices
 9415  in the House and Senate office buildings and the Capitol.
 9416  Provisions shall be made to collect and sell wastepaper and
 9417  empty aluminum beverage cans generated by employee activities in
 9418  these offices. The collection and sale of such materials shall
 9419  be coordinated with Department of Management Services recycling
 9420  activities of the Department of Financial Services in order to
 9421  maximize the efficiency and economy of the this program. The
 9422  Governor, the Speaker of the House of Representatives, the
 9423  President of the Senate, the Secretary of State, and the Cabinet
 9424  officers may authorize the use of proceeds from recyclable
 9425  material sales for employee benefits and other purposes, in
 9426  order to provide incentives to their respective employees for
 9427  participation in the recycling program. Such proceeds may also
 9428  be used to offset any costs of the recycling program.
 9429         Section 318. Section 403.71852, Florida Statutes, is
 9430  amended to read:
 9431         403.71852 Collection of lead-containing products.—The
 9432  department shall of Environmental Protection is directed to work
 9433  with the Department of Financial Management Services to
 9434  implement a pilot program to collect lead-containing products,
 9435  including end-of-life computers and other electronic equipment
 9436  from state and local agencies. Local governments are encouraged
 9437  to establish collection and recycling programs for publicly and
 9438  privately owned lead-containing products, including end-of-life
 9439  televisions, computers, and other electronic products, through
 9440  existing recycling and household hazardous-waste-management
 9441  programs.
 9442         Section 319. Paragraph (c) of subsection (3) of section
 9443  406.075, Florida Statutes, is amended to read:
 9444         406.075 Grounds for discipline; disciplinary proceedings.—
 9445         (3)
 9446         (c) A formal hearing before an administrative law judge
 9447  from the Division of Administrative Hearings of the Department
 9448  of Management Services shall be held pursuant to chapter 120
 9449  unless all parties agree in writing that there is no disputed
 9450  issue of material fact. The administrative law judge shall issue
 9451  a recommended order pursuant to chapter 120. If any party raises
 9452  an issue of disputed fact during an informal hearing, the
 9453  hearing shall be terminated and a formal hearing pursuant to
 9454  chapter 120 shall be held.
 9455         Section 320. Paragraph (b) of subsection (5) of section
 9456  408.039, Florida Statutes, is amended to read:
 9457         408.039 Review process.—The review process for certificates
 9458  of need shall be as follows:
 9459         (5) ADMINISTRATIVE HEARINGS.—
 9460         (b) Hearings shall be held in Tallahassee unless the
 9461  administrative law judge determines that changing the location
 9462  will facilitate the proceedings. The agency shall assign
 9463  proceedings requiring hearings to the Division of Administrative
 9464  Hearings of the Department of Management Services within 10 days
 9465  after the time has expired for requesting a hearing. Except upon
 9466  unanimous consent of the parties or upon the granting by the
 9467  administrative law judge of a motion of continuance, hearings
 9468  shall commence within 60 days after the administrative law judge
 9469  has been assigned. For an application for a general hospital,
 9470  administrative hearings shall commence within 6 months after the
 9471  administrative law judge has been assigned, and a continuance
 9472  may not be granted absent a finding of extraordinary
 9473  circumstances by the administrative law judge. All parties,
 9474  except the agency, shall bear their own expense of preparing a
 9475  transcript. In any application for a certificate of need which
 9476  is referred to the division of Administrative Hearings for
 9477  hearing, the administrative law judge shall complete and submit
 9478  to the parties a recommended order as provided in ss. 120.569
 9479  and 120.57. The recommended order must shall be issued within 30
 9480  days after the receipt of the proposed recommended orders or the
 9481  deadline for submission of such proposed recommended orders,
 9482  whichever is earlier. The division shall adopt procedures for
 9483  administrative hearings which shall maximize the use of
 9484  stipulated facts and shall provide for the admission of prepared
 9485  testimony.
 9486         Section 321. Paragraph (a) of subsection (11) of section
 9487  408.910, Florida Statutes, is amended to read:
 9488         408.910 Florida Health Choices Program.—
 9489         (11) CORPORATION.—There is created the Florida Health
 9490  Choices, Inc., which shall be registered, incorporated,
 9491  organized, and operated in compliance with part III of chapter
 9492  112 and chapters 119, 286, and 617. The purpose of the
 9493  corporation is to administer the program created in this section
 9494  and to conduct such other business as may further the
 9495  administration of the program.
 9496         (a) The corporation shall be governed by a 15-member board
 9497  of directors consisting of:
 9498         1. Three ex officio, nonvoting members to include:
 9499         a. The Secretary of Health Care Administration or a
 9500  designee with expertise in health care services.
 9501         b. The executive director of Personnel Secretary of
 9502  Management Services or a designee with expertise in state
 9503  employee benefits.
 9504         c. The commissioner of the Office of Insurance Regulation
 9505  or a designee with expertise in insurance regulation.
 9506         2. Four members appointed by and serving at the pleasure of
 9507  the Governor.
 9508         3. Four members appointed by and serving at the pleasure of
 9509  the President of the Senate.
 9510         4. Four members appointed by and serving at the pleasure of
 9511  the Speaker of the House of Representatives.
 9512         5. Board members may not include insurers, health insurance
 9513  agents or brokers, health care providers, health maintenance
 9514  organizations, prepaid service providers, or any other entity,
 9515  affiliate or subsidiary of eligible vendors.
 9516         Section 322. Subsection (3) of section 413.036, Florida
 9517  Statutes, is amended to read:
 9518         413.036 Procurement of services by agencies; authority of
 9519  department.—
 9520         (3) If, pursuant to a contract between a any legislative,
 9521  executive, or judicial agency of the state and any private
 9522  contract vendor, a product or service is required by the
 9523  Department of Financial Management Services or on behalf of any
 9524  state agency which that is included on the procurement list
 9525  established by the commission pursuant to s. 413.035(2), the
 9526  contract must contain the following language:
 9527         “IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES
 9528  THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT
 9529  MUST SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR
 9530  FOR THE SEVERELY HANDICAPPED WHICH THAT IS QUALIFIED PURSUANT TO
 9531  CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE
 9532  SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA
 9533  STATUTES.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,
 9534  OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS
 9535  CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY
 9536  INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE
 9537  CONCERNED.”
 9538         Section 323. Subsection (11) of section 413.051, Florida
 9539  Statutes, is amended to read:
 9540         413.051 Eligible blind persons; operation of vending
 9541  stands.—
 9542         (11) Effective July 1, 1996, blind licensees who remain
 9543  members of the Florida Retirement System pursuant to s.
 9544  121.051(6)(b)1. must shall pay any unappropriated retirement
 9545  costs from their net profits or from program income. Within 30
 9546  days after the effective date of this act, each blind licensee
 9547  who is eligible to maintain membership in the Florida Retirement
 9548  System under s. 121.051(6)(b)1., but who elects to withdraw from
 9549  the system as provided in s. 121.051(6)(b)3., must, on or before
 9550  July 31, 1996, notify the Division of Blind Services and the
 9551  Department of Personnel Management Services in writing of his or
 9552  her election to withdraw. Failure to timely notify the divisions
 9553  shall be deemed a decision to remain a compulsory member of the
 9554  Florida Retirement System. However, if, at any time after July
 9555  1, 1996, sufficient funds are not paid by a blind licensee to
 9556  cover the required contribution to the Florida Retirement
 9557  System, that blind licensee is shall become ineligible to
 9558  participate in the Florida Retirement System on the last day of
 9559  the first month for which no contribution is made or the amount
 9560  contributed is insufficient to cover the required contribution.
 9561  For any blind licensee who becomes ineligible to participate in
 9562  the Florida Retirement System as described in this subsection,
 9563  no creditable service may not shall be earned under the Florida
 9564  Retirement System for any period following the month that
 9565  retirement contributions ceased to be reported. However, any
 9566  such person may participate in the Florida Retirement System in
 9567  the future if employed by a participating employer in a covered
 9568  position.
 9569         Section 324. Section 414.37, Florida Statutes, is amended
 9570  to read:
 9571         414.37 Public assistance overpayment recovery
 9572  privatization; reemployment of laid-off career service
 9573  employees.—Should career service employees of the Department of
 9574  Children and Family Services be subject to layoff after July 1,
 9575  1995, due to the privatization of public assistance overpayment
 9576  recovery functions, the privatization contract must shall
 9577  require the contracting firm to give priority consideration to
 9578  employment of such employees. In addition, a task force composed
 9579  of representatives from the Department of Children and Family
 9580  Services and the Department of Personnel Management Services
 9581  shall be established to provide reemployment assistance to such
 9582  employees.
 9583         Section 325. Subsection (5) of section 429.14, Florida
 9584  Statutes, is amended to read:
 9585         429.14 Administrative penalties.—
 9586         (5) An action taken by the agency to suspend, deny, or
 9587  revoke a facility’s license under this part or part II of
 9588  chapter 408, in which the agency claims that the facility owner
 9589  or an employee of the facility has threatened the health,
 9590  safety, or welfare of a resident of the facility must be heard
 9591  by the Division of Administrative Hearings of the Department of
 9592  Management Services within 120 days after receipt of the
 9593  facility’s request for a hearing, unless that time limitation is
 9594  waived by both parties. The administrative law judge must render
 9595  a decision within 30 days after receipt of a proposed
 9596  recommended order.
 9597         Section 326. Section 440.2715, Florida Statutes, is amended
 9598  to read:
 9599         440.2715 Access to courts through state video
 9600  teleconferencing network.—The First District Court of Appeal
 9601  shall use the state video teleconferencing network established
 9602  by the Agency for Enterprise Information Technology Department
 9603  of Management Services to facilitate access to courts for
 9604  purposes of workers’ compensation actions.
 9605         Section 327. Paragraph (a) of subsection (1) of section
 9606  440.45, Florida Statutes, is amended to read:
 9607         440.45 Office of the Judges of Compensation Claims.—
 9608         (1)(a) There is created The Office of the Judges of
 9609  Compensation Claims is created within the Division of
 9610  Administrative Hearings Department of Management Services. The
 9611  office of the Judges of Compensation Claims shall be headed by
 9612  the Deputy Chief Judge of Compensation Claims. The Deputy Chief
 9613  Judge shall report to the director of the Division of
 9614  Administrative Hearings. The Deputy Chief Judge shall be
 9615  appointed by the Governor for a term of 4 years from a list of
 9616  three names submitted by the statewide nominating commission
 9617  created under subsection (2). The Deputy Chief Judge must
 9618  demonstrate prior administrative experience and possess the same
 9619  qualifications for appointment as a judge of compensation
 9620  claims, and the procedure for reappointment of the Deputy Chief
 9621  Judge will be the same as for reappointment of a judge of
 9622  compensation claims. The office shall be a separate budget
 9623  entity and the director of the Division of Administrative
 9624  Hearings shall be its agency head for all purposes, including,
 9625  but not limited to, rulemaking pursuant to subsection (4) and
 9626  establishing agency policies and procedures. The Department of
 9627  Personnel Management Services shall provide administrative
 9628  support and service to the office to the extent requested by the
 9629  division director of the Division of Administrative Hearings but
 9630  may shall not direct, supervise, or control the Office of the
 9631  Judges of Compensation Claims in any manner, including, but not
 9632  limited to, personnel, purchasing, budgetary matters, or
 9633  property transactions. The operating budget of the Office of the
 9634  Judges of Compensation Claims shall be paid out of the Workers’
 9635  Compensation Administration Trust Fund established in s. 440.50.
 9636         Section 328. Paragraph (b) of subsection (9) of section
 9637  445.009, Florida Statutes, is amended to read:
 9638         445.009 One-stop delivery system.—
 9639         (9)
 9640         (b) The network shall assure that a uniform method is used
 9641  to determine eligibility for and management of services provided
 9642  by agencies that conduct workforce development activities. The
 9643  Department of Financial Management Services shall develop
 9644  strategies to allow access to the databases and information
 9645  management systems of the following systems in order to link
 9646  information in those databases with the one-stop delivery
 9647  system:
 9648         1. The Unemployment Compensation Program of the Agency for
 9649  Workforce Innovation.
 9650         2. The public employment service described in s. 443.181.
 9651         3. The FLORIDA System and the components related to WAGES,
 9652  food stamps, and Medicaid eligibility.
 9653         4. The Student Financial Assistance System of the
 9654  Department of Education.
 9655         5. Enrollment in the public postsecondary education system.
 9656         6. Other information systems determined appropriate by
 9657  Workforce Florida, Inc.
 9658         Section 329. Subsections (3) and (4) of section 447.205,
 9659  Florida Statutes, are amended to read:
 9660         447.205 Public Employees Relations Commission.—
 9661         (3) The commission, in the performance of its powers and
 9662  duties under this part, is shall not be subject to control,
 9663  supervision, or direction by the Department of Personnel
 9664  Management Services.
 9665         (4) The property, personnel, and appropriations related to
 9666  the commission’s specified authority, powers, duties, and
 9667  responsibilities shall be provided to the commission by the
 9668  Department of Personnel Management Services.
 9669         Section 330. Paragraph (k) of subsection (14) of section
 9670  455.32, Florida Statutes, is amended to read:
 9671         455.32 Management Privatization Act.—
 9672         (14) The contract between the department and the
 9673  corporation must be in compliance with this section and other
 9674  applicable laws. The department shall retain responsibility for
 9675  any duties it currently exercises relating to its police powers
 9676  and any other current duty that is not provided to the
 9677  corporation by contract or this section. The contract shall
 9678  provide, at a minimum, that:
 9679         (k) The corporation, out of its allocated budget, pay to
 9680  the department all costs incurred by the corporation or the
 9681  board for the Division of Administrative Hearings of the
 9682  Department of Management Services and any other cost for using
 9683  utilization of these state services.
 9684         Section 331. Paragraph (j) of subsection (3) of section
 9685  471.038, Florida Statutes, is amended to read:
 9686         471.038 Florida Engineers Management Corporation.—
 9687         (3) The Florida Engineers Management Corporation is created
 9688  to provide administrative, investigative, and prosecutorial
 9689  services to the board in accordance with the provisions of
 9690  chapter 455 and this chapter. The management corporation may
 9691  hire staff as necessary to carry out its functions. Such staff
 9692  are not public employees for the purposes of chapter 110 or
 9693  chapter 112, except that the board of directors and the staff
 9694  are subject to the provisions of s. 112.061. The provisions of
 9695  s. 768.28 apply to the management corporation, which is deemed
 9696  to be a corporation primarily acting as an instrumentality of
 9697  the state, but which is not an agency within the meaning of s.
 9698  20.03(11). The management corporation shall:
 9699         (j) Operate under a written contract with the department
 9700  which is approved by the board. The contract must provide for,
 9701  but is not limited to:
 9702         1. Submission by the management corporation of an annual
 9703  budget that complies with board rules for approval by the board
 9704  and the department.
 9705         2. Annual certification by the board and the department
 9706  that the management corporation is complying with the terms of
 9707  the contract in a manner consistent with the goals and purposes
 9708  of the board and in the best interest of the state. This
 9709  certification must be reported in the board’s minutes. The
 9710  contract must also provide for methods and mechanisms to resolve
 9711  any situation in which the certification process determines
 9712  noncompliance.
 9713         3. Funding of the management corporation through
 9714  appropriations allocated to the regulation of professional
 9715  engineers from the Professional Regulation Trust Fund.
 9716         4. The reversion to the board, or the state if the board
 9717  ceases to exist, of moneys, records, data, and property held in
 9718  trust by the management corporation for the benefit of the
 9719  board, if the management corporation is no longer approved to
 9720  operate for the board or the board ceases to exist. All records
 9721  and data in a computerized database shall be returned to the
 9722  department in a form that is compatible with the computerized
 9723  database of the department.
 9724         5. The securing and maintaining by the management
 9725  corporation, during the term of the contract and for all acts
 9726  performed during the term of the contract, of all liability
 9727  insurance coverages in an amount to be approved by the board to
 9728  defend, indemnify, and hold harmless the management corporation
 9729  and its officers and employees, the department and its
 9730  employees, and the state against all claims arising from state
 9731  and federal laws. Such insurance coverage must be with insurers
 9732  qualified and doing business in the state. The management
 9733  corporation must provide proof of insurance to the department.
 9734  The department and its employees and the state are exempt from
 9735  and are not liable for any sum of money which represents a
 9736  deductible, which sums are shall be the sole responsibility of
 9737  the management corporation. Violation of this subparagraph is
 9738  shall be grounds for terminating the contract.
 9739         6. Payment by the management corporation, out of its
 9740  allocated budget, to the department of all costs of
 9741  representation by the board counsel, including salary and
 9742  benefits, travel, and any other compensation traditionally paid
 9743  by the department to other board counsel.
 9744         7. Payment by the management corporation, out of its
 9745  allocated budget, to the department of all costs incurred by the
 9746  management corporation or the board for the Division of
 9747  Administrative Hearings of the Department of Management Services
 9748  and any other cost for using utilization of these state
 9749  services.
 9750         8. Payment by the management corporation, out of its
 9751  allocated budget, to the department of reasonable costs
 9752  associated with the contract monitor.
 9753         Section 332. Section 489.145, Florida Statutes, is amended
 9754  to read:
 9755         489.145 Guaranteed energy, water, and wastewater
 9756  performance savings contracting.—
 9757         (1) SHORT TITLE.—This section may be cited as the
 9758  “Guaranteed Energy, Water, and Wastewater Performance Savings
 9759  Contracting Act.”
 9760         (2) LEGISLATIVE FINDINGS.—The Legislature finds that
 9761  investment in energy, water, and wastewater efficiency and
 9762  conservation measures in agency facilities can reduce the amount
 9763  of energy and water consumed and wastewater produced and produce
 9764  immediate and long-term savings. It is the policy of this state
 9765  to encourage each agency to invest in energy, water, and
 9766  wastewater efficiency and conservation measures to minimize
 9767  energy and water consumption and wastewater production and
 9768  maximize energy, water, and wastewater savings. It is further
 9769  the policy of this state to encourage agencies to reinvest any
 9770  resulting savings resulting from energy, water, and wastewater
 9771  efficiency and conservation measures in additional energy,
 9772  water, and wastewater efficiency and conservation measures.
 9773         (3) DEFINITIONS.—As used in this section, the term:
 9774         (a) “Agency” means the state, a municipality, or a
 9775  political subdivision.
 9776         (b) “Energy, water, and wastewater efficiency and
 9777  conservation measure” means a training program incidental to the
 9778  contract, facility alteration, or equipment purchase to be used
 9779  in new construction, including an addition to existing
 9780  facilities or infrastructure, which reduces energy or water
 9781  consumption, wastewater production, or energy-related operating
 9782  costs and includes, but is not limited to:
 9783         1. Insulation of the facility structure and systems within
 9784  the facility.
 9785         2. Storm windows and doors, caulking or weatherstripping,
 9786  multiglazed windows and doors, heat-absorbing, or heat
 9787  reflective, glazed and coated window and door systems,
 9788  additional glazing, reductions in glass area, and other window
 9789  and door system modifications that reduce energy consumption.
 9790         3. Automatic energy control systems.
 9791         4. Heating, ventilating, or air-conditioning system
 9792  modifications or replacements.
 9793         5. Replacement or modifications of lighting fixtures to
 9794  increase the energy efficiency of the lighting system, which, at
 9795  a minimum, must conform to the applicable state or local
 9796  building code.
 9797         6. Energy recovery systems.
 9798         7. Cogeneration systems that produce steam or forms of
 9799  energy such as heat, as well as electricity, for use primarily
 9800  within a facility or complex of facilities.
 9801         8. Energy conservation measures that reduce British thermal
 9802  units (Btu), kilowatts (kW), or kilowatt hours (kWh) consumed or
 9803  provide long-term operating cost reductions.
 9804         9. Renewable energy systems, such as solar, biomass, or
 9805  wind systems.
 9806         10. Devices that reduce water consumption or sewer charges.
 9807         11. Energy storage systems, such as fuel cells and thermal
 9808  storage.
 9809         12. Energy-generating technologies, such as microturbines.
 9810         13. Any other repair, replacement, or upgrade of existing
 9811  equipment.
 9812         (c) “Energy, water, or wastewater cost savings” means a
 9813  measured reduction in the cost of fuel, energy or water
 9814  consumption, wastewater production, and stipulated operation and
 9815  maintenance created from the implementation of one or more
 9816  energy, water, or wastewater efficiency or conservation measures
 9817  when compared with an established baseline for the previous cost
 9818  of fuel, energy or water consumption, wastewater production, and
 9819  stipulated operation and maintenance.
 9820         (d) “Guaranteed energy, water, and wastewater performance
 9821  savings contract” means a contract for the evaluation,
 9822  recommendation, and implementation of energy, water, or
 9823  wastewater efficiency or conservation measures, which, at a
 9824  minimum, shall include:
 9825         1. The design and installation of equipment to implement
 9826  one or more of such measures and, if applicable, operation and
 9827  maintenance of such measures.
 9828         2. The amount of any actual annual savings that meet or
 9829  exceed total annual contract payments made by the agency for the
 9830  contract and may include allowable cost avoidance if determined
 9831  appropriate by the Chief Financial Officer.
 9832         3. The finance charges incurred by the agency over the life
 9833  of the contract.
 9834         (e) “Guaranteed energy, water, and wastewater performance
 9835  savings contractor” means a person or business that is licensed
 9836  under chapter 471, chapter 481, or this chapter and is
 9837  experienced in the analysis, design, implementation, or
 9838  installation of energy, water, and wastewater efficiency and
 9839  conservation measures through energy performance contracts.
 9840         (f) “Investment grade energy audit” means a detailed
 9841  energy, water, and wastewater audit, along with an accompanying
 9842  analysis of proposed energy, water, and wastewater conservation
 9843  measures, and their costs, savings, and benefits before prior to
 9844  entry into an energy savings contract.
 9845         (4) PROCEDURES.—
 9846         (a) An agency may enter into a guaranteed energy, water,
 9847  and wastewater performance savings contract with a guaranteed
 9848  energy, water, and wastewater performance savings contractor to
 9849  reduce energy or water consumption, wastewater production, or
 9850  energy-related operating costs of an agency facility through one
 9851  or more energy, water, or wastewater efficiency or conservation
 9852  measures.
 9853         (b) Before design and installation of energy, water, or
 9854  wastewater efficiency and conservation measures, the agency must
 9855  obtain from a guaranteed energy, water, and wastewater
 9856  performance savings contractor a report that summarizes the
 9857  costs associated such with the energy, water, or wastewater
 9858  efficiency and conservation measures or energy-related
 9859  operational cost-saving measures and provides an estimate of the
 9860  amount of the cost savings. The agency and the guaranteed
 9861  energy, water, and wastewater performance savings contractor may
 9862  enter into a separate agreement to pay for costs associated with
 9863  the preparation and delivery of the report; however, payment to
 9864  the contractor is shall be contingent upon the report’s
 9865  projection of energy, water, and wastewater cost savings being
 9866  equal to or greater than the total projected costs of the design
 9867  and installation of the report’s energy conservation measures.
 9868         (c) The agency may enter into a guaranteed energy, water,
 9869  and wastewater performance savings contract with a guaranteed
 9870  energy, water, and wastewater performance savings contractor if
 9871  the agency finds that the amount the agency would spend on such
 9872  the energy, water, and wastewater efficiency and conservation
 9873  measures will not likely exceed the amount of the cost savings
 9874  for up to 20 years from the date of installation, based on the
 9875  life cycle cost calculations provided in s. 255.255, if the
 9876  recommendations in the report were followed and if the qualified
 9877  provider or providers give a written guarantee that the cost
 9878  savings will meet or exceed the costs of the system. However,
 9879  actual computed cost savings must meet or exceed the estimated
 9880  cost savings provided in each agency’s program approval.
 9881  Baseline adjustments used in calculations must be specified in
 9882  the contract. The contract may provide for installment payments
 9883  for up to a period not to exceed 20 years.
 9884         (d) A guaranteed energy, water, and wastewater performance
 9885  savings contractor must be selected in compliance with s.
 9886  287.055; except that if fewer than three firms are qualified to
 9887  perform the required services, the requirement for agency
 9888  selection of three firms, as provided in s. 287.055(4)(b), and
 9889  the bid requirements of s. 287.057 do not apply.
 9890         (e) Before entering into a guaranteed energy, water, and
 9891  wastewater performance savings contract, an agency must provide
 9892  published notice of the meeting in which it proposes to award
 9893  the contract, the names of the parties to the proposed contract,
 9894  and the contract’s purpose.
 9895         (f) A guaranteed energy, water, and wastewater performance
 9896  savings contract may provide for financing, including tax-exempt
 9897  financing, by a third party. The contract for third-party
 9898  financing may be separate from the energy, water, and wastewater
 9899  performance contract. A separate contract for third-party
 9900  financing under this paragraph must include a provision that the
 9901  third-party financier may must not be granted rights or
 9902  privileges that exceed the rights and privileges available to
 9903  the guaranteed energy, water, and wastewater performance savings
 9904  contractor.
 9905         (g) Financing for guaranteed energy, water, and wastewater
 9906  performance savings contracts may be provided under the
 9907  authority of s. 287.064.
 9908         (h) The Office of the Chief Financial Officer shall review
 9909  proposals from state agencies to ensure that the most effective
 9910  financing is being used.
 9911         (i) Annually, the agency that has entered into the contract
 9912  shall provide the Department of Management Services and the
 9913  Chief Financial Officer the measurement and verification report
 9914  required by the contract to the Chief Financial Officer to
 9915  validate that savings have occurred.
 9916         (j) In determining the amount the agency will finance to
 9917  acquire the energy, water, and wastewater efficiency and
 9918  conservation measures, the agency may reduce such amount by the
 9919  application of any grant moneys, rebates, or capital funding
 9920  available to the agency for the purpose of buying down the cost
 9921  of the guaranteed energy, water, and wastewater performance
 9922  savings contract. However, in calculating the life cycle cost as
 9923  required in paragraph (c), the agency may shall not apply any
 9924  grants, rebates, or capital funding.
 9925         (5) CONTRACT PROVISIONS.—
 9926         (a) A guaranteed energy, water, and wastewater performance
 9927  savings contract must include a written guarantee that may
 9928  include, but is not limited to the form of, a letter of credit,
 9929  insurance policy, or corporate guarantee by the guaranteed
 9930  energy, water, and wastewater performance savings contractor
 9931  that annual cost savings will meet or exceed the amortized cost
 9932  of energy, water, and wastewater efficiency and conservation
 9933  measures.
 9934         (b) The guaranteed energy, water, and wastewater
 9935  performance savings contract must provide that all payments,
 9936  except obligations on termination of the contract before its
 9937  expiration, may be made over time, but not to exceed 20 years
 9938  from the date of complete installation and acceptance by the
 9939  agency, and that the annual savings are guaranteed to the extent
 9940  necessary to make annual payments to satisfy the guaranteed
 9941  energy, water, and wastewater performance savings contract.
 9942         (c) The guaranteed energy, water, and wastewater
 9943  performance savings contract must require that the guaranteed
 9944  energy, water, and wastewater performance savings contractor to
 9945  whom the contract is awarded provide a 100-percent public
 9946  construction bond to the agency for its faithful performance, as
 9947  required by s. 255.05.
 9948         (d) The guaranteed energy, water, and wastewater
 9949  performance savings contract may contain a provision allocating
 9950  to the parties to the contract any annual cost savings that
 9951  exceed the amount of the cost savings guaranteed in the
 9952  contract.
 9953         (e) The guaranteed energy, water, and wastewater
 9954  performance savings contract must shall require the guaranteed
 9955  energy, water, and wastewater performance savings contractor to
 9956  provide to the agency an annual reconciliation of the guaranteed
 9957  energy or associated cost savings. If the reconciliation reveals
 9958  a shortfall in annual energy or associated cost savings, the
 9959  guaranteed energy, water, and wastewater performance savings
 9960  contractor is liable for such shortfall. If the reconciliation
 9961  reveals an excess in annual cost savings, the excess savings may
 9962  be allocated under paragraph (d) but may not be used to cover
 9963  potential energy or associated cost savings shortages in
 9964  subsequent contract years.
 9965         (f) The guaranteed energy, water, and wastewater
 9966  performance savings contract must provide for payments of not
 9967  less than one-twentieth of the price to be paid within 2 years
 9968  from the date of the complete installation and acceptance by the
 9969  agency using straight-line amortization for the term of the
 9970  loan, and the remaining costs to be paid at least quarterly, not
 9971  to exceed a 20-year term, based on life cycle cost calculations.
 9972         (g) The guaranteed energy, water, and wastewater
 9973  performance savings contract may extend beyond the fiscal year
 9974  in which it becomes effective; however, the term of any contract
 9975  expires at the end of each fiscal year and may be automatically
 9976  renewed annually for up to 20 years, subject to the agency
 9977  making sufficient annual appropriations based upon continued
 9978  realized energy, water, and wastewater savings.
 9979         (h) The guaranteed energy, water, and wastewater
 9980  performance savings contract must stipulate that it does not
 9981  constitute a debt, liability, or obligation of the state.
 9982         (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The
 9983  Department of Financial Management Services, with the assistance
 9984  of the Office of the Chief Financial Officer, shall, within
 9985  available resources, provide technical content assistance to
 9986  state agencies contracting for energy, water, and wastewater
 9987  efficiency and conservation measures and engage in other
 9988  activities considered appropriate by the department for
 9989  promoting and facilitating guaranteed energy, water, and
 9990  wastewater performance contracting by state agencies. The
 9991  Department of Financial Management Services shall review the
 9992  investment-grade audit for each proposed project and certify
 9993  that the cost savings are appropriate and sufficient for the
 9994  term of the contract. The Office of the Chief Financial Officer,
 9995  with the assistance of the Department of Financial Management
 9996  Services, shall, within available resources, develop model
 9997  contractual and related documents for use by state agencies.
 9998  Before Prior to entering into a guaranteed energy, water, and
 9999  wastewater performance savings contract, any contract or lease
10000  for third-party financing, or any combination of such contracts,
10001  a state agency shall submit such proposed contract or lease to
10002  the Department of Financial Services Office of the Chief
10003  Financial Officer for review and approval. A proposed contract
10004  or lease must shall include:
10005         (a) Supporting information required by s. 216.023(4)(a)9.
10006  in ss. 287.063(5) and 287.064(11). For contracts approved under
10007  this section, the criteria may, at a minimum, include the
10008  specification of a benchmark cost of capital and minimum real
10009  rate of return on energy, water, or wastewater savings against
10010  which proposals must shall be evaluated.
10011         (b) Documentation supporting recurring funds requirements
10012  in ss. 287.063(5) and 287.064(11).
10013         (c) Approval by the head of the agency or a his or her
10014  designee.
10015         (d) An agency measurement and verification plan to monitor
10016  cost savings.
10017         (7) FUNDING SUPPORT.—For purposes of consolidated financing
10018  of deferred payment commodity contracts under this section by an
10019  agency, any such contract must be supported from available funds
10020  appropriated to the agency in an appropriation category, as
10021  defined in chapter 216, that the Chief Financial Officer has
10022  determined is appropriate or that the Legislature has designated
10023  for payment of the obligation incurred under this section.
10024  
10025  The Office of the Chief Financial Officer may shall not approve
10026  any contract submitted under this section from a state agency
10027  that does not meet the requirements of this section.
10028         Section 333. Subsection (4) of section 553.995, Florida
10029  Statutes, is amended to read:
10030         553.995 Energy-efficiency ratings for buildings.—
10031         (4) The Department of Community Affairs shall develop a
10032  training and certification program to certify raters. In
10033  addition to the department, ratings may be conducted by any
10034  local government or private entity if, provided that the
10035  appropriate persons have completed the necessary training and
10036  have been certified by the department. The Department of
10037  Environmental Protection Management Services shall rate state
10038  owned or state-leased buildings if, provided that the
10039  appropriate persons have completed the necessary training and
10040  have been certified by the Department of Community Affairs. A
10041  state agency that which has building construction regulation
10042  authority may rate its own buildings and those it is responsible
10043  for, if the appropriate persons have completed the necessary
10044  training and have been certified by the Department of Community
10045  Affairs. The department of Community Affairs may charge a fee
10046  not to exceed the costs for the training and certification of
10047  raters. The department shall by rule set the appropriate charges
10048  for raters to charge for energy ratings, not to exceed the
10049  actual costs.
10050         Section 334. Subsection (41) of section 570.07, Florida
10051  Statutes, is amended to read:
10052         570.07 Department of Agriculture and Consumer Services;
10053  functions, powers, and duties.—The department shall have and
10054  exercise the following functions, powers, and duties:
10055         (41) Notwithstanding the provisions of s. 287.057(23) that
10056  require all agencies to use the online procurement system
10057  developed by the Department of Financial Management Services,
10058  the department may continue to use its own online system.
10059  However, vendors using utilizing such system must shall be
10060  prequalified as meeting mandatory requirements and
10061  qualifications and shall remit fees pursuant to s. 287.057(23),
10062  and any rules implementing s. 287.057.
10063         Section 335. Subsection (2) of section 627.096, Florida
10064  Statutes, is amended to read:
10065         627.096 Workers’ Compensation Rating Bureau.—
10066         (2) The acquisition by the Department of Financial
10067  Management Services of data processing software, hardware, and
10068  services necessary to carry out the provisions of this part act
10069  for the department or office are shall be exempt from the
10070  provisions of part I of chapter 287.
10071         Section 336. Paragraph (c) of subsection (4) of section
10072  633.382, Florida Statutes, is amended to read:
10073         633.382 Firefighters; supplemental compensation.—
10074         (4) FUNDING.—
10075         (c) There is appropriated from the Police and Firefighter’s
10076  Premium Tax Trust Fund to the Firefighters’ Supplemental
10077  Compensation Trust Fund, which is hereby created under the
10078  Department of Revenue, all moneys that which have not been
10079  distributed to municipalities and special fire control districts
10080  in accordance with s. 175.121 due to as a result of the
10081  limitation contained in s. 175.122 on the disbursement of
10082  revenues collected pursuant to chapter 175 or as a result of any
10083  municipality or special fire control district not having
10084  qualified in any given year, or portion thereof, for
10085  participation in the distribution of the revenues collected
10086  pursuant to chapter 175. The total required annual distribution
10087  from the Firefighters’ Supplemental Compensation Trust Fund must
10088  shall equal the amount necessary to pay supplemental
10089  compensation as provided in this section if, provided that:
10090         1. Any deficit in the total required annual distribution is
10091  shall be made up from accrued surplus funds existing in the
10092  Firefighters’ Supplemental Compensation Trust Fund on June 30,
10093  1990, for as long as such funds last. If the accrued surplus is
10094  insufficient to cure the deficit in any given year, the
10095  proration of the appropriation among the counties,
10096  municipalities, and special fire service taxing districts must
10097  shall equal the ratio of compensation paid in the prior year to
10098  county, municipal, and special fire service taxing district
10099  firefighters pursuant to this section. This ratio shall be
10100  provided annually to the Department of Revenue by the Division
10101  of State Fire Marshal. Surplus funds that have accrued or accrue
10102  on or after July 1, 1990, shall be redistributed to
10103  municipalities and special fire control districts as provided in
10104  subparagraph 2.
10105         2. By October 1 of each year, any funds that have accrued
10106  or accrue on or after July 1, 1990, and remain in the
10107  Firefighters’ Supplemental Compensation Trust Fund following the
10108  required annual distribution shall be redistributed by the
10109  Department of Revenue pro rata to those municipalities and
10110  special fire control districts identified by the Department of
10111  Personnel Management Services as being eligible for additional
10112  funds pursuant to s. 175.121(3)(b).
10113         Section 337. Subsection (4) of section 650.02, Florida
10114  Statutes, is amended to read:
10115         650.02 Definitions.—For the purpose of this chapter:
10116         (4) The term “state agency” means the Department of
10117  Personnel Management Services.
10118         Section 338. Section 760.04, Florida Statutes, is amended
10119  to read:
10120         760.04 Commission on Human Relations, Assigned to Executive
10121  Office of the Governor Department of Management Services.—The
10122  commission created by s. 760.03 is assigned to the Executive
10123  Office of the Governor Department of Management Services. The
10124  commission, in the performance of its duties pursuant to the
10125  Florida Civil Rights Act of 1992, is shall not be subject to
10126  control, supervision, or direction by the office Department of
10127  Management Services.
10128         Section 339. Subsection (5) of section 766.302, Florida
10129  Statutes, is amended to read:
10130         766.302 Definitions; ss. 766.301-766.316.—As used in ss.
10131  766.301-766.316, the term:
10132         (5) “Division” means the Division of Administrative
10133  Hearings of the Department of Management Services.
10134         Section 340. Section 768.1326, Florida Statutes, is amended
10135  to read:
10136         768.1326 Placement of automated external defibrillators in
10137  state buildings; rulemaking authority.—No later than January 1,
10138  2003, The State Surgeon General shall adopt rules to establish
10139  guidelines on the appropriate placement of automated external
10140  defibrillator devices in buildings or portions of buildings
10141  owned or leased by the state, and shall establish, by rule,
10142  recommendations on procedures for the deployment of automated
10143  external defibrillator devices in such buildings in accordance
10144  with the guidelines. The Secretary of Environmental Protection
10145  Management Services shall assist the State Surgeon General in
10146  the development of the guidelines. The guidelines for the
10147  placement of the automated external defibrillators must shall
10148  take into account the typical number of employees and visitors
10149  in the buildings, the extent of the need for security measures
10150  regarding the buildings, special circumstances in buildings or
10151  portions of buildings such as high electrical voltages or
10152  extreme heat or cold, and such other factors as the State
10153  Surgeon General and secretary of Management Services determine
10154  to be appropriate.
10155         (1) The State Surgeon General’s recommendations for
10156  deployment of automated external defibrillators in buildings or
10157  portions of buildings owned or leased by the state must shall
10158  include:
10159         (a)(1) A reference list of appropriate training courses in
10160  the use of such devices, including the role of cardiopulmonary
10161  resuscitation;
10162         (b)(2) The extent to which such devices may be used by
10163  laypersons;
10164         (c)(3) Manufacturer recommended maintenance and testing of
10165  the devices; and
10166         (d)(4) Coordination with local emergency medical services
10167  systems regarding the incidents of use of the devices.
10168         (2) In formulating these guidelines and recommendations,
10169  the State Surgeon General may consult with all appropriate
10170  public and private entities, including national and local public
10171  health organizations that seek to improve the survival rates of
10172  individuals who experience cardiac arrest.
10173         Section 341. Subsection (11) of section 943.03, Florida
10174  Statutes, is amended to read:
10175         943.03 Department of Law Enforcement.—
10176         (11) The department shall establish headquarters in
10177  Tallahassee. The Department of Environmental Protection
10178  Management Services shall furnish the department with proper and
10179  adequate housing for its operation.
10180         Section 342. Subsection (7) of section 943.0311, Florida
10181  Statutes, is amended to read:
10182         943.0311 Chief of Domestic Security; duties of the
10183  department with respect to domestic security.—
10184         (7) As used in this section, the term “state agency”
10185  includes the Agency for Health Care Administration, the Agency
10186  for Workforce Innovation, the Department of Agriculture and
10187  Consumer Services, the Department of Business and Professional
10188  Regulation, the Department of Children and Family Services, the
10189  Department of Citrus, the Department of Community Affairs, the
10190  Department of Corrections, the Department of Education, the
10191  Department of Elderly Affairs, the Department of Environmental
10192  Protection, the Department of Financial Services, the Department
10193  of Health, the Department of Highway Safety and Motor Vehicles,
10194  the Department of Juvenile Justice, the Department of Law
10195  Enforcement, the Department of Legal Affairs, the Department of
10196  Personnel Management Services, the Department of Military
10197  Affairs, the Department of Revenue, the Department of State, the
10198  Department of the Lottery, the Department of Transportation, the
10199  Department of Veterans’ Affairs, the Fish and Wildlife
10200  Conservation Commission, the Parole Commission, the State Board
10201  of Administration, and the Executive Office of the Governor.
10202         Section 343. Section 943.13, Florida Statutes, is amended
10203  to read:
10204         943.13 Officers’ minimum qualifications for employment or
10205  appointment.—On or after October 1, 1984, Any person employed or
10206  appointed as a full-time, part-time, or auxiliary law
10207  enforcement officer or correctional officer; on or after October
10208  1, 1986, any person employed as a full-time, part-time, or
10209  auxiliary correctional probation officer; and on or after
10210  October 1, 1986, any person employed as a full-time, part-time,
10211  or auxiliary correctional officer by a private entity under
10212  contract to the Department of Corrections, to a county
10213  commission, or to the Department of Personnel Management must
10214  Services shall:
10215         (1) Be at least 19 years of age.
10216         (2) Be a citizen of the United States, notwithstanding any
10217  law of the state to the contrary.
10218         (3) Be a high school graduate or its “equivalent” as the
10219  commission has defined the term by rule.
10220         (4) Not have been convicted of any felony or of a
10221  misdemeanor involving perjury or a false statement, or have
10222  received a dishonorable discharge from any of the Armed Forces
10223  of the United States. Any person who, after July 1, 1981, pleads
10224  guilty or nolo contendere to or is found guilty of any felony or
10225  of a misdemeanor involving perjury or a false statement is not
10226  eligible for employment or appointment as an officer,
10227  notwithstanding suspension of sentence or withholding of
10228  adjudication. Notwithstanding this subsection, any person who
10229  has pled nolo contendere to a misdemeanor involving a false
10230  statement, before prior to December 1, 1985, and has had such
10231  record sealed or expunged may shall not be deemed ineligible for
10232  employment or appointment as an officer.
10233         (5) Have documentation of his or her processed fingerprints
10234  on file with the employing agency or, if a private correctional
10235  officer, have documentation of his or her processed fingerprints
10236  on file with the Department of Corrections or the Criminal
10237  Justice Standards and Training Commission. If administrative
10238  delays are caused by the department or the Federal Bureau of
10239  Investigation and the person has complied with subsections (1)
10240  (4) and (6)-(9), he or she may be employed or appointed for up
10241  to a period not to exceed 1 calendar year from the date he or
10242  she was employed or appointed or until return of the processed
10243  fingerprints documenting noncompliance with subsections (1)-(4)
10244  or subsection (7), whichever occurs first. Beginning January 15,
10245  2007, The department shall retain and enter into the statewide
10246  automated fingerprint identification system authorized by s.
10247  943.05 all fingerprints submitted to the department as required
10248  by this section. Thereafter, the fingerprints shall be available
10249  for all purposes and uses authorized for arrest fingerprint
10250  cards entered in the statewide automated fingerprint
10251  identification system pursuant to s. 943.051. The department
10252  shall search all arrest fingerprint cards received pursuant to
10253  s. 943.051 against the fingerprints retained in the statewide
10254  automated fingerprint identification system pursuant to this
10255  section and report to the employing agency any arrest records
10256  that are identified with the retained employee’s fingerprints.
10257  By January 1, 2008, a person who must meet minimum
10258  qualifications as provided in this section and whose
10259  fingerprints are not retained by the department pursuant to this
10260  section must be refingerprinted. These fingerprints must be
10261  forwarded to the department for processing and retention.
10262         (6) Have passed a physical examination by a licensed
10263  physician, physician assistant, or certified advanced registered
10264  nurse practitioner, based on specifications established by the
10265  commission. In order to be eligible for the presumption set
10266  forth in s. 112.18 while employed with an employing agency, a
10267  law enforcement officer, correctional officer, or correctional
10268  probation officer must have successfully passed the physical
10269  examination required by this subsection upon entering into
10270  service as a law enforcement officer, correctional officer, or
10271  correctional probation officer with the employing agency, which
10272  examination must have failed to reveal any evidence of
10273  tuberculosis, heart disease, or hypertension. A law enforcement
10274  officer, correctional officer, or correctional probation officer
10275  may not use a physical examination from a former employing
10276  agency for purposes of claiming the presumption set forth in s.
10277  112.18 against the current employing agency.
10278         (7) Have a good moral character as determined by a
10279  background investigation under procedures established by the
10280  commission.
10281         (8) Execute and submit to the employing agency or, if a
10282  private correctional officer, submit to the appropriate
10283  governmental entity an affidavit-of-applicant form, adopted by
10284  the commission, attesting to his or her compliance with
10285  subsections (1)-(7). The affidavit must shall be executed under
10286  oath and constitutes an official statement within the purview of
10287  s. 837.06. The affidavit must shall include conspicuous language
10288  that the intentional false execution of the affidavit
10289  constitutes a misdemeanor of the second degree. The affidavit
10290  shall be retained by the employing agency.
10291         (9) Complete a commission-approved basic recruit training
10292  program for the applicable criminal justice discipline, unless
10293  exempt under this subsection. An applicant who has:
10294         (a) Completed a comparable basic recruit training program
10295  for the applicable criminal justice discipline in another state
10296  or for the Federal Government; and
10297         (b) Served as a full-time sworn officer in another state or
10298  for the Federal Government for at least 1 year and provided
10299  there is no more than an 8-year break in employment, as measured
10300  from the separation date of the most recent qualifying
10301  employment to the time a complete application is submitted for
10302  an exemption under this section,
10303  
10304  is exempt in accordance with s. 943.131(2) from completing the
10305  commission-approved basic recruit training program.
10306         (10) Achieve an acceptable score on the officer
10307  certification examination for the applicable criminal justice
10308  discipline.
10309         (11) Comply with the continuing training or education
10310  requirements of s. 943.135.
10311         Section 344. Paragraph (i) of subsection (4) of section
10312  943.61, Florida Statutes, is amended to read:
10313         943.61 Powers and duties of the Capitol Police.—
10314         (4) The Capitol Police shall have the following
10315  responsibilities, powers, and duties:
10316         (i) To enforce rules of the Department of Environmental
10317  Protection Management Services governing the regulation of
10318  traffic and parking within the Capitol Complex and to impound
10319  illegally or wrongfully parked vehicles.
10320         Section 345. Section 943.66, Florida Statutes, is amended
10321  to read:
10322         943.66 Rules; Facilities Program, Capitol Police; traffic
10323  regulation.—The Capitol Police may enforce rules of the
10324  Department of Environmental Protection Management Services
10325  governing the administration, operation, and management of the
10326  Facilities Program and regulating traffic and parking at state
10327  owned buildings or on state-owned property and any local
10328  ordinance on the violation of such if such rules are not in
10329  conflict with any state law or county or municipal ordinance,
10330  and are not inconsistent with the other requirements of ss.
10331  943.61-943.68 or any security plan developed and approved
10332  thereunder.
10333         Section 346. Section 943.681, Florida Statutes, is amended
10334  to read:
10335         943.681 Capitol Police program; funding.—Funds shall be
10336  transferred quarterly, beginning July 1, 2002, by the Department
10337  of Environmental Protection Management Services, from the
10338  Supervision Trust Fund, to the Florida Department of Law
10339  Enforcement for the purpose of funding the Capitol Police
10340  program. Funds are provided from the office space rental
10341  receipts assessed to tenant agencies in the Florida Facilities
10342  Pool, based on the rental assessment mandated in s. 255.51.
10343  Transfers shall be based on the existing rental rate on July 1,
10344  2002, unless otherwise appropriated by the Legislature. This
10345  section does not Additionally, nothing herein shall limit the
10346  Capitol Police from providing for the safety and security needs
10347  of the archaeological, archival, and historic treasures and
10348  artifacts housed in the Historic Capitol or the R.A. Gray
10349  Building, as the official capitol repositories, from funds
10350  provided by the Department of State.
10351         Section 347. Subsection (4) of section 944.02, Florida
10352  Statutes, is amended to read:
10353         944.02 Definitions.—The following words and phrases used in
10354  this chapter shall, unless the context clearly indicates
10355  otherwise, have the following meanings:
10356         (4) “Elderly offender” means a prisoner age 50 or older in
10357  a state correctional institution or facility operated by the
10358  Department of Corrections or the Department of Financial
10359  Management Services.
10360         Section 348. Paragraph (a) of subsection (3) of section
10361  944.10, Florida Statutes, is amended to read:
10362         944.10 Department of Corrections to provide buildings; sale
10363  and purchase of land; contracts to provide services and inmate
10364  labor.—
10365         (3)(a) The department may enter into lease-purchase
10366  agreements to provide correctional facilities for the housing of
10367  state inmates. However, a no such lease-purchase agreement may
10368  not shall be entered into without specific legislative
10369  authorization of that agreement, and funds must be specifically
10370  appropriated for each lease-purchase agreement. The facilities
10371  provided through such agreements must shall meet the program
10372  plans and specifications of the department. The department may
10373  enter into such lease agreements with private corporations and
10374  other governmental entities. However, notwithstanding the
10375  provisions of s. 255.25(3)(a), the department may not enter into
10376  such lease agreement except upon advertisement for and receipt
10377  of competitive bids and award to the lowest and best bidder,
10378  unless the lease-purchase agreement is entered into with the
10379  Department of Environmental Protection Management Services, the
10380  Florida Correctional Finance Corporation, or the successors or
10381  assignees of either.
10382         Section 349. Paragraph (b) of subsection (2) of section
10383  944.115, Florida Statutes, is amended to read:
10384         944.115 Smoking prohibited inside state correctional
10385  facilities.—
10386         (2) As used in this section, the term:
10387         (b) “Employee” means an employee of the department or a
10388  private vendor in a contractual relationship with either the
10389  Department of Corrections or the Department of Financial
10390  Management Services, and includes persons such as contractors,
10391  volunteers, or law enforcement officers who are within a state
10392  correctional facility to perform a professional service.
10393         Section 350. Subsection (1) of section 944.713, Florida
10394  Statutes, is amended to read:
10395         944.713 Insurance against liability.—
10396         (1) A bidder must provide an adequate plan of insurance
10397  against liability, including liability for violations of an
10398  inmate’s civil rights by an insurance agency licensed in this
10399  state, pursuant to chapter 287. The insurance plan must shall,
10400  at a minimum, protect the department from actions of a third
10401  party, assure the private vendor’s ability to fulfill the
10402  conditions of the contract, and provide adequate protection for
10403  the department against claims arising as a result of any
10404  occurrence during the term of the contract on an occurrence
10405  basis. The adequacy of the insurance plan shall be determined,
10406  at the bidder’s expense, by an independent risk management or
10407  actuarial firm selected by the Department of Financial
10408  Management Services. The risk management or actuarial firm
10409  selected must have demonstrated experience in assessing public
10410  liability of state government.
10411         Section 351. Subsection (1) of section 944.72, Florida
10412  Statutes, is amended to read:
10413         944.72 Privately Operated Institutions Inmate Welfare Trust
10414  Fund.—
10415         (1) There is hereby created in the Department of
10416  Corrections The Privately Operated Institutions Inmate Welfare
10417  Trust Fund is created in the department. The purpose of the
10418  trust fund shall be the benefit and welfare of inmates
10419  incarcerated in private correctional facilities under contract
10420  with the department pursuant to this chapter or the Department
10421  of Financial Management Services pursuant to chapter 957. Moneys
10422  shall be deposited in the trust fund and expenditures made from
10423  the trust fund as provided in s. 945.215.
10424         Section 352. Section 944.8041, Florida Statutes, is amended
10425  to read:
10426         944.8041 Elderly offenders; annual review.—For the purpose
10427  of providing information to the Legislature on elderly offenders
10428  within the correctional system, the department and the
10429  Correctional Medical Authority shall each submit annually a
10430  report on the status and treatment of elderly offenders in the
10431  state-administered and private state correctional systems, as
10432  well as such information on the River Junction Correctional
10433  Institution. In order to adequately prepare the reports, the
10434  department and the Department of Financial Management Services
10435  shall grant access to the Correctional Medical Authority which
10436  includes access to the facilities, offenders, and any
10437  information the agencies require to complete their reports. The
10438  review must shall also include an examination of promising
10439  geriatric policies, practices, and programs currently
10440  implemented in other correctional systems within the United
10441  States. The reports, with specific findings and recommendations
10442  for implementation, shall be submitted to the President of the
10443  Senate and the Speaker of the House of Representatives on or
10444  before December 31 of each year.
10445         Section 353. Paragraphs (a) and (c) of subsection (2) of
10446  section 945.215, Florida Statutes, are amended to read:
10447         945.215 Inmate welfare and employee benefit trust funds.—
10448         (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
10449  FUND; PRIVATE CORRECTIONAL FACILITIES.—
10450         (a) For purposes of this subsection, privately operated
10451  institutions or private correctional facilities are those
10452  correctional facilities under contract with the department
10453  pursuant to chapter 944 or the Department of Financial
10454  Management Services pursuant to chapter 957.
10455         (c) The Department of Financial Management Services shall
10456  annually compile a report that documents Privately Operated
10457  Institutions Inmate Welfare Trust Fund receipts and expenditures
10458  at each private correctional facility. This report must
10459  specifically identify receipt sources and expenditures. The
10460  department of Management Services shall compile this report for
10461  the prior fiscal year and shall submit the report by September 1
10462  of each year to the chairs of the appropriate substantive and
10463  fiscal committees of the Senate and House of Representatives and
10464  to the Executive Office of the Governor.
10465         Section 354. Subsection (3) and paragraph (a) of subsection
10466  (6) of section 946.504, Florida Statutes, are amended to read:
10467         946.504 Organization of corporation to operate correctional
10468  work programs; lease of facilities.—
10469         (3) The corporation shall negotiate with the Department of
10470  Environmental Protection Management Services to reach and enter
10471  into an agreement for the lease of each correctional work
10472  program proposed by the corporation. The facilities to be leased
10473  and the amount of rental for such facilities shall be agreed
10474  upon by the Department of Environmental Protection Management
10475  Services and the corporation, with consultation with the
10476  department. The length of such lease shall be mutually agreed
10477  upon among the department, the Department of Environmental
10478  Protection Management Services, and the corporation; however,
10479  the initial lease may not exceed 7 years. The department shall
10480  continue to manage and operate the various correctional work
10481  programs until the lease between the department and the
10482  corporation is effective.
10483         (6)(a) Upon the effective date of each lease of each
10484  correctional work program, the department shall remit cause to
10485  be remitted to the corporation all funds appropriated for,
10486  associated with, or budgeted for the operation of that
10487  correctional work program, as agreed upon among the department,
10488  the Department of Environmental Protection Management Services,
10489  and the corporation.
10490         Section 355. Subsections (2) and (6) of section 946.515,
10491  Florida Statutes, are amended to read:
10492         946.515 Use of goods and services produced in correctional
10493  work programs.—
10494         (2) A No similar product or service of comparable price and
10495  quality found necessary for use by any state agency may not be
10496  purchased from any source other than the corporation if the
10497  corporation certifies that the product is manufactured by, or
10498  the service is provided by, inmates and the product or service
10499  meets the comparable performance specifications and comparable
10500  price and quality requirements as specified under s.
10501  287.042(1)(f) or as determined by an individual agency as
10502  provided in this section. The purchasing authority of any such
10503  state agency may make reasonable determinations of need, price,
10504  and quality with reference to products or services available
10505  from the corporation. If In the event of a dispute between the
10506  corporation and any purchasing authority based upon price or
10507  quality under this section or s. 287.042(1)(f), either party may
10508  request a hearing with the Department of Environmental
10509  Protection Management Services and if not resolved, either party
10510  may request a proceeding pursuant to ss. 120.569 and 120.57,
10511  which shall be referred to the Division of Administrative
10512  Hearings within 60 days after such request, to resolve any
10513  dispute under this section. No party is entitled to any appeal
10514  pursuant to s. 120.68.
10515         (6) If, pursuant to a contract between any legislative,
10516  executive, or judicial agency of the state and any private
10517  contract vendor, a product or service is required by the
10518  Department of Financial Management Services or on behalf of any
10519  state agency, is certified by or is available from the
10520  corporation identified in this chapter, and has been approved in
10521  accordance with subsection (2), the contract must contain the
10522  following language:
10523  
10524         IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY
10525         ARTICLES THAT WHICH ARE THE SUBJECT OF, OR REQUIRED TO
10526         CARRY OUT, THIS CONTRACT MUST SHALL BE PURCHASED FROM
10527         THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN
10528         THE SAME MANNER AND UNDER THE SAME PROCEDURES SET
10529         FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR
10530         PURPOSES OF THIS CONTRACT, THE PERSON, FIRM, OR OTHER
10531         BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS
10532         CONTRACT IS SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
10533         AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE
10534         CONCERNED.
10535         Section 356. Section 946.525, Florida Statutes, is amended
10536  to read:
10537         946.525 Participation by the corporation in the state group
10538  health insurance and prescription drug programs.—
10539         (1) The board of directors of the corporation established
10540  under this part may apply for participation in the state group
10541  health insurance program authorized in s. 110.123 and the
10542  prescription drug coverage program authorized by s. 110.12315 by
10543  submitting an application along with a $500 nonrefundable fee to
10544  the Department of Personnel Management Services.
10545         (2) As a prerequisite to the adoption of a resolution for
10546  participation in the state group health insurance and
10547  prescription drug coverage program, the corporation shall seek
10548  proposals to provide health insurance and prescription drug
10549  coverages which coverages are equivalent to those offered
10550  currently by the corporation and coverages equivalent to the
10551  state group health insurance and prescription drug coverage
10552  program. The corporation shall review and consider all
10553  responsive proposals before prior to the adoption of any
10554  resolution for participation in the state group health insurance
10555  and prescription drug coverage program.
10556         (3) If the Department of Personnel Management Services
10557  determines that the corporation is eligible to enroll, the
10558  corporation must agree to the following terms and conditions:
10559         (a) The minimum enrollment or contractual period is will be
10560  3 years.
10561         (b) The corporation must pay to the department of
10562  Management Services an initial administrative fee not less than
10563  $2.61 per enrollee per month, or such other amount established
10564  annually to fully reimburse the department of Management
10565  Services for its costs.
10566         (c) Termination of participation of the corporation
10567  requires written notice 1 year before the termination date.
10568         (d) If participation is terminated, the corporation may not
10569  reapply for participation for a period of 2 years.
10570         (e) The corporation shall reimburse the state for 100
10571  percent of its costs, including administrative costs.
10572         (f) If the corporation fails to make the payments required
10573  by this section to fully reimburse the state, the Department of
10574  Revenue or the Department of Financial Services shall, upon the
10575  request of the Department of Personnel Management Services,
10576  deduct the amount owed by the employer from any funds to be
10577  distributed by it to the corporation. The amounts so deducted
10578  shall be transferred to the Department of Personnel Management
10579  Services for further distribution to the trust funds in
10580  accordance with this chapter.
10581         (g) The corporation shall furnish the Department of
10582  Personnel Management Services any information requested by the
10583  department of Management Services which the department of
10584  Management Services considers necessary to administer the state
10585  group health insurance program and the prescription drug
10586  program.
10587         (4) Sections The provisions of ss. 624.436-624.446 do not
10588  apply to the State Group Insurance Program or to this section.
10589         (5) The Department of Personnel Management Services may
10590  adopt rules necessary to administer this section.
10591         Section 357. Section 957.04, Florida Statutes, is amended
10592  to read:
10593         957.04 Contract requirements.—
10594         (1) A contract entered into under this chapter for the
10595  operation of private correctional facilities must shall maximize
10596  the cost savings of such facilities and shall:
10597         (a) Be negotiated with the firm found most qualified.
10598  However, a contract for private correctional services may not be
10599  entered into by the Department of Financial Management Services
10600  unless the Department of Financial Management Services
10601  determines that the contractor has demonstrated that it has:
10602         1. The qualifications, experience, and management personnel
10603  necessary to carry out the terms of the contract.
10604         2. The ability to expedite the siting, design, and
10605  construction of correctional facilities.
10606         3. The ability to comply with applicable laws, court
10607  orders, and national correctional standards.
10608         (b) Indemnify the state and the department, including their
10609  officials and agents, against any and all liability, including,
10610  but not limited to, civil rights liability. Proof of
10611  satisfactory insurance is required in an amount to be determined
10612  by the Department of Financial Management Services.
10613         (c) Require that the contractor seek, obtain, and maintain
10614  accreditation by the American Correctional Association for the
10615  facility under that contract. Compliance with amendments to the
10616  accreditation standards of the association is required upon the
10617  approval of such amendments by the commission.
10618         (d) Require that the proposed facilities and the management
10619  plans for the inmates meet applicable American Correctional
10620  Association standards and the requirements of all applicable
10621  court orders and state law.
10622         (e) Establish operations standards for correctional
10623  facilities subject to the contract. However, if the department
10624  and the contractor disagree with an operations standard, the
10625  contractor may propose to waive any rule, policy, or procedure
10626  of the department related to the operations standards of
10627  correctional facilities which is inconsistent with the mission
10628  of the contractor to establish cost-effective, privately
10629  operated correctional facilities. The Department of Financial
10630  Management Services is shall be responsible for considering all
10631  proposals from the contractor to waive any rule, policy, or
10632  procedure and shall render a final decision granting or denying
10633  such request.
10634         (f) Require the contractor to be responsible for a range of
10635  dental, medical, and psychological services; diet; education;
10636  and work programs at least equal to those provided by the
10637  department in comparable facilities. The work and education
10638  programs must be designed to reduce recidivism, and include
10639  opportunities to participate in such work programs as authorized
10640  pursuant to s. 946.523.
10641         (g) Require the selection and appointment of a full-time
10642  contract monitor. The contract monitor shall be appointed and
10643  supervised by the Department of Financial Management Services.
10644  The contractor is required to reimburse the Department of
10645  Financial Management Services for the salary and expenses of the
10646  contract monitor. It is the obligation of the contractor to
10647  provide suitable office space for the contract monitor at the
10648  correctional facility. The contract monitor shall have unlimited
10649  access to the correctional facility.
10650         (h) Be for a period of 3 years and may be renewed for
10651  successive 2-year periods thereafter. However, the state is not
10652  obligated for any payments to the contractor beyond current
10653  annual appropriations.
10654         (2) Each contract entered into for the design and
10655  construction of a private correctional facility or juvenile
10656  commitment facility must include:
10657         (a) Notwithstanding any provision of chapter 255 to the
10658  contrary, a specific provision authorizing the use of tax-exempt
10659  financing through the issuance of tax-exempt bonds, certificates
10660  of participation, lease-purchase agreements, or other tax-exempt
10661  financing methods. Pursuant to s. 255.25, approval is hereby
10662  provided for the lease-purchase of up to two private
10663  correctional facilities and any other facility authorized by the
10664  General Appropriations Act.
10665         (b) A specific provision requiring the design and
10666  construction of the proposed facilities to meet the applicable
10667  standards of the American Correctional Association and the
10668  requirements of all applicable court orders and state law.
10669         (c) A specific provision requiring the contractor, and not
10670  the Department of Financial Management Services, to obtain the
10671  financing required to design and construct the private
10672  correctional facility or juvenile commitment facility built
10673  under this chapter.
10674         (d) A specific provision stating that the state is not
10675  obligated for any payments that exceed the amount of the current
10676  annual appropriation.
10677         (3)(a) Each contract for the designing, financing,
10678  acquiring, leasing, constructing, and operating of a private
10679  correctional facility is shall be subject to ss. 255.2502 and
10680  255.2503.
10681         (b) Each contract for the designing, financing, acquiring,
10682  leasing, and constructing of a private juvenile commitment
10683  facility is shall be subject to ss. 255.2502 and 255.2503.
10684         (4) A contract entered into under this chapter does not
10685  accord third-party beneficiary status to any inmate or juvenile
10686  offender or to any member of the general public.
10687         (5) Each contract entered into by the Department of
10688  Financial Management Services must include substantial minority
10689  participation unless demonstrated by evidence, after a good
10690  faith effort, as impractical and must also include any other
10691  requirements the Department of Financial Management Services
10692  considers necessary and appropriate for carrying out the
10693  purposes of this chapter.
10694         (6) Notwithstanding s. 253.025(7), the Board of Trustees of
10695  the Internal Improvement Trust Fund need not approve a lease
10696  purchase agreement negotiated by the Department of Financial
10697  Management Services if the department of Management Services
10698  finds that there is a need to expedite the lease-purchase.
10699         (7)(a) Notwithstanding s. 253.025 or s. 287.057, if
10700  whenever the Department of Financial Management Services finds
10701  it to be in the best interest of timely site acquisition, it may
10702  contract without the need for competitive selection with one or
10703  more appraisers whose names are contained on the list of
10704  approved appraisers maintained by the Division of State Lands of
10705  the Department of Environmental Protection in accordance with s.
10706  253.025(6)(b). If In those instances when the Department of
10707  Management Services directly contracts for appraisal services,
10708  it shall also contract with an approved appraiser who is not
10709  employed by the same appraisal firm for review services.
10710         (b) Notwithstanding s. 253.025(6), the Department of
10711  Financial Management Services may negotiate and enter into
10712  lease-purchase agreements before an appraisal is obtained. Any
10713  such agreement must state that the final purchase price cannot
10714  exceed the maximum value allowed by law.
10715         Section 358. Subsection (2) of section 957.06, Florida
10716  Statutes, is amended to read:
10717         957.06 Powers and duties not delegable to contractor.—A
10718  contract entered into under this chapter does not authorize,
10719  allow, or imply a delegation of authority to the contractor to:
10720         (2) Choose the facility to which an inmate is initially
10721  assigned or subsequently transferred. The contractor may
10722  request, in writing, that an inmate be transferred to a facility
10723  operated by the department. The Department of Financial
10724  Management Services, the contractor, and the department shall
10725  develop and implement a cooperative agreement for transferring
10726  inmates between a correctional facility operated by the
10727  department and a private correctional facility. The department,
10728  the Department of Financial Management Services, and the
10729  contractor must comply with the cooperative agreement.
10730         Section 359. Subsection (1) and paragraph (d) of subsection
10731  (5) of section 957.07, Florida Statutes, are amended to read:
10732         957.07 Cost-saving requirements.—
10733         (1) The Department of Financial Management Services may not
10734  enter into a contract or series of contracts unless the
10735  department determines that the contract or series of contracts
10736  in total for the facility will result in a cost savings to the
10737  state of at least 7 percent over the public provision of a
10738  similar facility. Such cost savings, as determined by the
10739  Department of Financial Management Services, must be based upon
10740  the actual costs associated with the construction and operation
10741  of similar facilities or services as determined by the
10742  Department of Corrections and certified by the Auditor General.
10743  The Department of Corrections shall calculate all of the cost
10744  components that determine the inmate per diem in correctional
10745  facilities of a substantially similar size, type, and location
10746  that are operated by the department of Corrections, including
10747  administrative costs associated with central administration.
10748  Services that are provided to the Department of Corrections by
10749  other governmental agencies at no direct cost to the department
10750  shall be assigned an equivalent cost and included in the per
10751  diem.
10752         (5)
10753         (d) If a private vendor chooses not to renew the contract
10754  at the appropriated level, the Department of Financial
10755  Management Services shall terminate the contract as provided in
10756  s. 957.14.
10757         Section 360. Section 957.08, Florida Statutes, is amended
10758  to read:
10759         957.08 Capacity requirements.—The Department of Corrections
10760  shall transfer and assign prisoners to each private correctional
10761  facility opened pursuant to this chapter in an amount not less
10762  than 90 percent or more than 100 percent of the capacity of the
10763  facility pursuant to the contract with the Department of
10764  Financial Management Services. The prisoners transferred by the
10765  Department of Corrections must shall represent a cross-section
10766  of the general inmate population, based on the grade of custody
10767  or the offense of conviction, at the most comparable facility
10768  operated by the department.
10769         Section 361. Section 957.14, Florida Statutes, is amended
10770  to read:
10771         957.14 Contract termination and control of a correctional
10772  facility by the department.—A detailed plan shall be provided by
10773  a private vendor under which the department shall assume
10774  temporary control of a private correctional facility upon
10775  termination of the contract. The Department of Financial
10776  Management Services may terminate the contract with cause after
10777  written notice of material deficiencies and after 60 workdays in
10778  order to correct the material deficiencies. If any event occurs
10779  that involves the noncompliance with or violation of contract
10780  terms and that presents a serious threat to the safety, health,
10781  or security of the inmates, employees, or the public, the
10782  department may temporarily assume control of the private
10783  correctional facility, with the approval of the Department of
10784  Financial Management Services. A plan must shall also be
10785  provided by a private vendor for the purchase and temporary
10786  assumption of operations of a correctional facility by the
10787  department in the event of bankruptcy or the financial
10788  insolvency of the private vendor. The private vendor shall
10789  provide an emergency plan to address inmate disturbances,
10790  employee work stoppages, strikes, or other serious events in
10791  accordance with standards of the American Correctional
10792  Association.
10793         Section 362. Section 957.15, Florida Statutes, is amended
10794  to read:
10795         957.15 Funding of contracts for operation, maintenance, and
10796  lease-purchase of private correctional facilities.—The request
10797  for appropriation of funds to make payments pursuant to
10798  contracts entered into by the Department of Financial Management
10799  Services for the operation, maintenance, and lease-purchase of
10800  the private correctional facilities authorized by this chapter
10801  shall be made by the Department of Financial Management Services
10802  in a request to the department. The department shall include
10803  such request in its budget request to the Legislature as a
10804  separately identified item and shall forward the request of the
10805  Department of Financial Management Services without change.
10806  After an appropriation has been made by the Legislature to the
10807  department for the private correctional facilities, the
10808  department shall have no authority over such funds other than to
10809  pay from such appropriation to the appropriate private vendor
10810  such amounts as are certified for payment by the Department of
10811  Financial Management Services.
10812         Section 363. Section 957.16, Florida Statutes, is amended
10813  to read:
10814         957.16 Expanding capacity.—The Department of Financial
10815  Management Services may is authorized to modify and execute
10816  agreements with contractors to expand up to the total capacity
10817  of contracted correctional facilities. Total capacity means the
10818  design capacity of all contracted correctional facilities
10819  increased by one-half as described under s. 944.023(1)(b). Any
10820  additional beds authorized under this section must comply with
10821  the cost-saving requirements set forth in s. 957.07. Any
10822  additional beds authorized as a result of expanded capacity
10823  under this section are contingent upon specified appropriations.
10824         Section 364. Subsection (3) of section 1001.27, Florida
10825  Statutes, is amended to read:
10826         1001.27 State satellite network.—
10827         (3) The department, in consultation with the Department of
10828  Financial Management Services, shall implement the provisions of
10829  this section and coordinate the network. Specifically, the
10830  department shall:
10831         (a) Provide for technical analysis of suitable existing
10832  satellite receiving equipment at Florida public postsecondary
10833  educational institutions for inclusion in the network.
10834         (b) Acquire by competitive sealed bid and place appropriate
10835  receiving equipment in those community college regions of the
10836  state in which such equipment is presently not available at a
10837  public postsecondary educational institution.
10838         (c) Develop an implementation plan that provides for
10839  designation of a site in each community college region for
10840  inclusion in the initial network. Criteria for selection must
10841  shall include:
10842         1. Accessibility to a substantial portion of the population
10843  of the region.
10844         2. Demonstrated institutional commitment to support and
10845  encourage use of the network both within the region and
10846  statewide.
10847         3. Willingness to complement state support with matching
10848  institutional resources.
10849         4. Evidence of cooperation and coordinated planning with
10850  other postsecondary educational institutions in the region.
10851         5. Availability of existing telecommunications equipment
10852  which is compatible or adaptable for use in the network.
10853         (d) Identify additional sites for inclusion in the network
10854  in the event that demand exceeds the capacity of the initial
10855  network.
10856         (e) Coordinate scheduling and encourage use of the network.
10857         (f) Develop operating procedures for the system and
10858  recommend fee schedules for both public and private entities
10859  wishing to transmit or receive programming through the network.
10860  Scheduling procedures must shall assign the highest priority to
10861  educational programming.
10862         (g) Provide training for institutional, state agency, and
10863  other personnel in effective techniques for the use of the
10864  network.
10865         (h) Provide initial startup support for operations,
10866  maintenance, and publicity costs of the network. Continuation
10867  costs in these areas shall be recovered through user fees and
10868  local resources.
10869         Section 365. Paragraph (j) of subsection (12) of section
10870  1001.42, Florida Statutes, is amended to read:
10871         1001.42 Powers and duties of district school board.—The
10872  district school board, acting as a board, shall exercise all
10873  powers and perform all duties listed below:
10874         (12) FINANCE.—Take steps to assure students adequate
10875  educational facilities through the financial procedure
10876  authorized in chapters 1010 and 1011 and as prescribed below:
10877         (j) Purchasing regulations to be secured from Department of
10878  Financial Management Services.—Secure purchasing regulations and
10879  amendments and changes thereto from the Department of Financial
10880  Management Services and report prior to any expected purchase
10881  have reported to the department it by its staff, and give
10882  consideration to the lowest price available to it under such
10883  regulations, if provided a regulation applicable to the item or
10884  items being purchased has been adopted by the department. The
10885  department should meet with educational administrators to expand
10886  the inventory of standard items for common usage in all schools
10887  and postsecondary educational institutions.
10888         Section 366. Paragraph (b) of subsection (1) of section
10889  1001.705, Florida Statutes, is amended to read:
10890         1001.705 Responsibility for the State University System
10891  under s. 7, Art. IX of the State Constitution; legislative
10892  finding and intent.—
10893         (1) LEGISLATIVE FINDINGS.—
10894         (b) Constitutional duties of the Board of Governors of the
10895  State University System.—In accordance with s. 7, Art. IX of the
10896  State Constitution, the Board of Governors of the State
10897  University System has the duty to operate, regulate, control,
10898  and be fully responsible for the management of the whole
10899  publicly funded State University System and the board, or the
10900  board’s designee, has responsibility for:
10901         1. Defining the distinctive mission of each constituent
10902  university.
10903         2. Defining the articulation of each constituent university
10904  in conjunction with the Legislature’s authority over the public
10905  schools and community colleges.
10906         3. Ensuring the well-planned coordination and operation of
10907  the State University System.
10908         4. Avoiding wasteful duplication of facilities or programs
10909  within the State University System.
10910         5. Accounting for expenditure of funds appropriated by the
10911  Legislature for the State University System as provided by law.
10912         6. Submitting a budget request for legislative
10913  appropriations for the institutions under the supervision of the
10914  board as provided by law.
10915         7. Adopting strategic plans for the State University System
10916  and each constituent university.
10917         8. Approving, reviewing, and terminating degree programs of
10918  the State University System.
10919         9. Governing admissions to the state universities.
10920         10. Serving as the public employer to all public employees
10921  of state universities for collective bargaining purposes.
10922         11. Establishing a personnel system for all state
10923  university employees; however, the Department of Personnel
10924  Management Services shall retain authority over state university
10925  employees for programs established in ss. 110.123, 110.1232,
10926  110.1234, 110.1238, and 110.161, and in chapters 121, 122, and
10927  238.
10928         12. Complying with, and enforcing for institutions under
10929  the board’s jurisdiction, all applicable local, state, and
10930  federal laws.
10931         Section 367. Paragraph (b) of subsection (5) of section
10932  1001.706, Florida Statutes, is amended to read:
10933         1001.706 Powers and duties of the Board of Governors.—
10934         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
10935         (b) The Department of Personnel Management Services shall
10936  retain authority over state university employees for programs
10937  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
10938  110.161 and in chapters 121, 122, and 238. Unless specifically
10939  authorized by law, neither the Board of Governors nor a state
10940  university may offer group insurance programs for employees as a
10941  substitute for or as an alternative to the health insurance
10942  programs offered pursuant to chapter 110.
10943         Section 368. Paragraph (c) of subsection (5) of section
10944  1001.74, Florida Statutes, is amended to read:
10945         1001.74 Powers and duties of university boards of
10946  trustees.—
10947         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
10948         (c) The Department of Personnel Management Services shall
10949  retain authority over state university employees for programs
10950  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
10951  110.161 and in chapters 121, 122, and 238. Unless specifically
10952  authorized by law, neither the Board of Governors nor a state
10953  university may offer group insurance programs for employees as a
10954  substitute for or as an alternative to the health insurance
10955  programs offered pursuant to chapter 110.
10956         Section 369. Paragraph (f) of subsection (4) of section
10957  1002.36, Florida Statutes, is amended to read:
10958         1002.36 Florida School for the Deaf and the Blind.—
10959         (4) BOARD OF TRUSTEES.—
10960         (f) The board of trustees shall:
10961         1. Prepare and submit legislative budget requests for
10962  operations and fixed capital outlay, in accordance with chapter
10963  216 and ss. 1011.56 and 1013.60, to the Department of Education
10964  for review and approval. The department must analyze the amount
10965  requested for fixed capital outlay to determine if the request
10966  is consistent with the school’s campus master plan, educational
10967  plant survey, and facilities master plan. Projections of
10968  facility space needs may exceed the norm space and occupant
10969  design criteria established in the State Requirements for
10970  Educational Facilities.
10971         2. Approve and administer an annual operating budget in
10972  accordance with ss. 1011.56 and 1011.57.
10973         3. Require all funds received other than gifts, donations,
10974  bequests, funds raised by or belonging to student clubs or
10975  student organizations, and funds held for specific students or
10976  in accounts for individual students to be deposited in the State
10977  Treasury and expended as authorized in the General
10978  Appropriations Act.
10979         4. Require all purchases to be in accordance with the
10980  provisions of chapter 287 except for purchases made with funds
10981  received as gifts, donations, or bequests; funds raised by or
10982  belonging to student clubs or student organizations; or funds
10983  held for specific students or in accounts for individual
10984  students.
10985         5. Administer and maintain personnel programs for all
10986  employees of the board of trustees and the Florida School for
10987  the Deaf and the Blind who are shall be state employees,
10988  including the personnel classification and pay plan established
10989  in accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
10990  academic and academic administrative personnel, the provisions
10991  of chapter 110, and the provisions of law that grant authority
10992  to the Department of Personnel Management Services over such
10993  programs for state employees.
10994         6. Give preference in appointment and retention in
10995  positions of employment as provided in within s. 295.07(1).
10996         7. Ensure that the Florida School for the Deaf and the
10997  Blind complies with s. 1013.351 concerning the coordination of
10998  planning between the Florida School for the Deaf and the Blind
10999  and local governing bodies.
11000         8. Ensure that the Florida School for the Deaf and the
11001  Blind complies with s. 112.061 concerning per diem and travel
11002  expenses of public officers, employees, and authorized persons
11003  with respect to all funds other than funds received as gifts,
11004  donations, or bequests; funds raised by or belonging to student
11005  clubs or student organizations; or funds held for specific
11006  students or in accounts for individual students.
11007         9. Adopt a master plan that which specifies the mission and
11008  objectives of the Florida School for the Deaf and the Blind. The
11009  plan must shall include, but not be limited to, procedures for
11010  systematically measuring the school’s progress toward meeting
11011  its objectives, analyzing changes in the student population, and
11012  modifying school programs and services to respond to such
11013  changes. The plan shall be for a period of 5 years and shall be
11014  reviewed for needed modifications every 2 years. The board of
11015  trustees shall submit the initial plan and subsequent
11016  modifications to the Speaker of the House of Representatives and
11017  the President of the Senate.
11018         10. Designate a portion of the school as “The Verle Allyn
11019  Pope Complex for the Deaf,” in tribute to the late Senator Verle
11020  Allyn Pope.
11021         Section 370. Paragraph (f) of subsection (2) of section
11022  1002.37, Florida Statutes, is amended to read:
11023         1002.37 The Florida Virtual School.—
11024         (2) The Florida Virtual School shall be governed by a board
11025  of trustees comprised of seven members appointed by the Governor
11026  to 4-year staggered terms. The board of trustees shall be a
11027  public agency entitled to sovereign immunity pursuant to s.
11028  768.28, and board members shall be public officers who shall
11029  bear fiduciary responsibility for the Florida Virtual School.
11030  The board of trustees shall have the following powers and
11031  duties:
11032         (f) In accordance with law and rules of the State Board of
11033  Education, the board of trustees shall administer and maintain
11034  personnel programs for all employees of the board of trustees
11035  and the Florida Virtual School. The board of trustees may adopt
11036  rules, policies, and procedures related to the appointment,
11037  employment, and removal of personnel.
11038         1. The board of trustees shall determine the compensation,
11039  including salaries and fringe benefits, and other conditions of
11040  employment for such personnel.
11041         2. The board of trustees may establish and maintain a
11042  personnel loan or exchange program by which persons employed by
11043  the board of trustees for the Florida Virtual School as academic
11044  administrative and instructional staff may be loaned to, or
11045  exchanged with persons employed in like capacities by, public
11046  agencies either within or without this state, or by private
11047  industry. With respect to public agency employees, the program
11048  must authorized by this subparagraph shall be consistent with
11049  the requirements of part II of chapter 112. The salary and
11050  benefits of board of trustees personnel participating in the
11051  loan or exchange program shall be continued during the period of
11052  time they participate in a loan or exchange program, and such
11053  personnel shall be deemed to not have a no break in creditable
11054  or continuous service or employment during such time. The salary
11055  and benefits of persons participating in the personnel loan or
11056  exchange program who are employed by public agencies or private
11057  industry shall be paid by the originating employers of those
11058  participants, and such personnel are shall be deemed to have no
11059  break in creditable or continuous service or employment during
11060  such time.
11061         3. The employment of all Florida Virtual School academic
11062  administrative and instructional personnel is shall be subject
11063  to rejection for cause by the board of trustees, and shall be
11064  subject to policies of the board of trustees relative to
11065  certification, tenure, leaves of absence, sabbaticals,
11066  remuneration, and such other conditions of employment as the
11067  board of trustees deems necessary and proper, not inconsistent
11068  with law.
11069         4. Each person employed by the board of trustees in an
11070  academic administrative or instructional capacity with the
11071  Florida Virtual School is shall be entitled to a contract as
11072  provided by rules of the board of trustees.
11073         5. All employees except temporary, seasonal, and student
11074  employees may be state employees for the purpose of being
11075  eligible to participate in the Florida Retirement System and
11076  receive benefits. The classification and pay plan, including
11077  terminal leave and other benefits are, and any amendments
11078  thereto, shall be subject to review and approval by the
11079  Department of Personnel Management Services and the Executive
11080  Office of the Governor before prior to adoption.
11081  
11082  The Governor shall designate the initial chair of the board of
11083  trustees to serve a term of 4 years. Members of the board of
11084  trustees shall serve without compensation, but may be reimbursed
11085  for per diem and travel expenses pursuant to s. 112.061. The
11086  board of trustees shall be a body corporate with all the powers
11087  of a body corporate and such authority as is needed for the
11088  proper operation and improvement of the Florida Virtual School.
11089  The board of trustees is specifically authorized to adopt rules,
11090  policies, and procedures, consistent with law and rules of the
11091  State Board of Education related to governance, personnel,
11092  budget and finance, administration, programs, curriculum and
11093  instruction, travel and purchasing, technology, students,
11094  contracts and grants, and property as necessary for optimal,
11095  efficient operation of the Florida Virtual School. Tangible
11096  personal property owned by the board of trustees shall be
11097  subject to the provisions of chapter 273.
11098         Section 371. Paragraph (c) of subsection (2) of section
11099  1004.58, Florida Statutes, is amended to read:
11100         1004.58 Leadership Board for Applied Research and Public
11101  Service.—
11102         (2) Membership of the board shall be:
11103         (c) The executive director secretary of Personnel
11104  Management the Department of Management Services.
11105         Section 372. Paragraph (f) of subsection (3) and paragraph
11106  (a) of subsection (6) of section 1012.33, Florida Statutes, are
11107  amended to read:
11108         1012.33 Contracts with instructional staff, supervisors,
11109  and school principals.—
11110         (3)
11111         (f) The district school superintendent shall notify an
11112  employee who holds a professional service contract on July 1,
11113  1997, in writing, within no later than 6 weeks before prior to
11114  the end of the postschool conference period, of performance
11115  deficiencies which may result in termination of employment, if
11116  not corrected during the subsequent year of employment, (which
11117  shall be granted for an additional year in accordance with the
11118  provisions in subsection (1)). Except as otherwise hereinafter
11119  provided, this action is shall not be subject to the provisions
11120  of chapter 120, but the following procedures shall apply:
11121         1. On receiving notice of unsatisfactory performance, the
11122  employee, on request, shall be accorded an opportunity to meet
11123  with the district school superintendent, or a his or her
11124  designee, for an informal review of the determination of
11125  unsatisfactory performance.
11126         2. An employee notified of unsatisfactory performance may
11127  request an opportunity to be considered for a transfer to
11128  another appropriate position, with a different supervising
11129  administrator, for the subsequent year of employment. If the
11130  request for the transfer is granted, the district school
11131  superintendent shall annually report to the department the total
11132  number of employees transferred pursuant to this subparagraph,
11133  where they were transferred, and what, if any, remediation was
11134  implemented to remediate the unsatisfactory performance.
11135         3. During the subsequent year, the employee shall be
11136  provided assistance and inservice training opportunities to help
11137  correct the noted performance deficiencies. The employee shall
11138  also be evaluated periodically so that he or she will be kept
11139  apprised of progress achieved.
11140         4. At least Not later than 6 weeks before prior to the
11141  close of the postschool conference period of the subsequent
11142  year, the district school superintendent, after receiving and
11143  reviewing the recommendation required by s. 1012.34, shall
11144  notify the employee, in writing, whether the performance
11145  deficiencies have been corrected. If so, a new professional
11146  service contract shall be issued to the employee. If the
11147  performance deficiencies have not been corrected, the district
11148  school superintendent may notify the district school board and
11149  the employee, in writing, that the employee shall not be issued
11150  a new professional service contract; however, if the
11151  recommendation of the district school superintendent is not to
11152  issue a new professional service contract, and if the employee
11153  wishes to contest such recommendation, the employee will have 15
11154  days from receipt of the district school superintendent’s
11155  recommendation to demand, in writing, a hearing. In such
11156  hearing, the employee may raise as an issue, among other things,
11157  the sufficiency of the district school superintendent’s charges
11158  of unsatisfactory performance. Such hearing shall be conducted
11159  at the district school board’s election in accordance with one
11160  of the following procedures:
11161         a. A direct hearing conducted by the district school board
11162  within 60 days after of receipt of the written appeal. The
11163  hearing shall be conducted in accordance with the provisions of
11164  ss. 120.569 and 120.57. A majority vote of the membership of the
11165  district school board is shall be required to sustain the
11166  district school superintendent’s recommendation. The
11167  determination of the district school board is shall be final as
11168  to the sufficiency or insufficiency of the grounds for
11169  termination of employment; or
11170         b. A hearing conducted by an administrative law judge
11171  assigned by the Division of Administrative Hearings of the
11172  Department of Management Services. The hearing must shall be
11173  conducted within 60 days after of receipt of the written appeal
11174  in accordance with chapter 120. The recommendation of the
11175  administrative law judge shall be made to the district school
11176  board. A majority vote of the membership of the district school
11177  board is shall be required to sustain or change the
11178  administrative law judge’s recommendation. The determination of
11179  the district school board is shall be final as to the
11180  sufficiency or insufficiency of the grounds for termination of
11181  employment.
11182         (6)(a) Any member of the instructional staff, excluding an
11183  employee specified in subsection (4), may be suspended or
11184  dismissed at any time during the term of the contract for just
11185  cause as provided in paragraph (1)(a). The district school board
11186  must notify the employee in writing whenever charges are made
11187  against the employee and may suspend such person without pay;
11188  however but, if the charges are not sustained, the employee must
11189  shall be immediately reinstated, and his or her back salary
11190  shall be paid. If the employee wishes to contest the charges,
11191  the employee must, within 15 days after receipt of the written
11192  notice, submit a written request for a hearing. Such hearing
11193  shall be conducted at the district school board’s election in
11194  accordance with one of the following procedures:
11195         1. A direct hearing conducted by the district school board
11196  within 60 days after receipt of the written appeal. The hearing
11197  shall be conducted in accordance with the provisions of ss.
11198  120.569 and 120.57. A majority vote of the membership of the
11199  district school board is shall be required to sustain the
11200  district school superintendent’s recommendation. The
11201  determination of the district school board is shall be final as
11202  to the sufficiency or insufficiency of the grounds for
11203  termination of employment; or
11204         2. A hearing conducted by an administrative law judge
11205  assigned by the Division of Administrative Hearings of the
11206  Department of Management Services. The hearing shall be
11207  conducted within 60 days after receipt of the written appeal in
11208  accordance with chapter 120. The recommendation of the
11209  administrative law judge shall be made to the district school
11210  board. A majority vote of the membership of the district school
11211  board is shall be required to sustain or change the
11212  administrative law judge’s recommendation. The determination of
11213  the district school board is shall be final as to the
11214  sufficiency or insufficiency of the grounds for termination of
11215  employment.
11216  
11217  Any such decision adverse to the employee may be appealed by the
11218  employee pursuant to s. 120.68, provided such appeal is filed
11219  within 30 days after the decision of the district school board.
11220         Section 373. Paragraph (d) of subsection (3) of section
11221  1012.34, Florida Statutes, is amended to read:
11222         1012.34 Assessment procedures and criteria.—
11223         (3) The assessment procedure for instructional personnel
11224  and school administrators must be primarily based on the
11225  performance of students assigned to their classrooms or schools,
11226  as appropriate. Pursuant to this section, a school district’s
11227  performance assessment is not limited to basing unsatisfactory
11228  performance of instructional personnel and school administrators
11229  upon student performance, but may include other criteria
11230  approved to assess instructional personnel and school
11231  administrators’ performance, or any combination of student
11232  performance and other approved criteria. The procedures must
11233  comply with, but are not limited to, the following requirements:
11234         (d) If an employee is not performing his or her duties in a
11235  satisfactory manner, the evaluator shall notify the employee in
11236  writing of such determination. The notice must describe such
11237  unsatisfactory performance and include notice of the following
11238  procedural requirements:
11239         1. Upon delivery of a notice of unsatisfactory performance,
11240  the evaluator must confer with the employee, make
11241  recommendations with respect to specific areas of unsatisfactory
11242  performance, and provide assistance in helping to correct
11243  deficiencies within a prescribed period of time.
11244         2.a. If the employee holds a professional service contract
11245  as provided in s. 1012.33, the employee shall be placed on
11246  performance probation and governed by the provisions of this
11247  section for 90 calendar days following the receipt of the notice
11248  of unsatisfactory performance to demonstrate corrective action.
11249  School holidays and school vacation periods are not counted when
11250  calculating the 90-calendar-day period. During the 90 calendar
11251  days, the employee who holds a professional service contract
11252  must be evaluated periodically and apprised of progress achieved
11253  and must be provided assistance and inservice training
11254  opportunities to help correct the noted performance
11255  deficiencies. At any time during the 90 calendar days, the
11256  employee who holds a professional service contract may request a
11257  transfer to another appropriate position with a different
11258  supervising administrator; however, a transfer does not extend
11259  the period for correcting performance deficiencies.
11260         b. Within 14 days after the close of the 90 calendar days,
11261  the evaluator must assess whether the performance deficiencies
11262  have been corrected and forward a recommendation to the district
11263  school superintendent. Within 14 days after receiving the
11264  evaluator’s recommendation, the district school superintendent
11265  must notify the employee who holds a professional service
11266  contract in writing whether the performance deficiencies have
11267  been satisfactorily corrected and whether the district school
11268  superintendent will recommend that the district school board
11269  continue or terminate his or her employment contract. If the
11270  employee wishes to contest the district school superintendent’s
11271  recommendation, the employee must, within 15 days after receipt
11272  of the district school superintendent’s recommendation, submit a
11273  written request for a hearing. The hearing shall be conducted at
11274  the district school board’s election in accordance with one of
11275  the following procedures:
11276         (I) A direct hearing conducted by the district school board
11277  within 60 days after receipt of the written appeal. The hearing
11278  shall be conducted in accordance with the provisions of ss.
11279  120.569 and 120.57. A majority vote of the membership of the
11280  district school board is shall be required to sustain the
11281  district school superintendent’s recommendation. The
11282  determination of the district school board is shall be final as
11283  to the sufficiency or insufficiency of the grounds for
11284  termination of employment; or
11285         (II) A hearing conducted by an administrative law judge
11286  assigned by the Division of Administrative Hearings of the
11287  Department of Management Services. The hearing shall be
11288  conducted within 60 days after receipt of the written appeal in
11289  accordance with chapter 120. The recommendation of the
11290  administrative law judge shall be made to the district school
11291  board. A majority vote of the membership of the district school
11292  board is shall be required to sustain or change the
11293  administrative law judge’s recommendation. The determination of
11294  the district school board is shall be final as to the
11295  sufficiency or insufficiency of the grounds for termination of
11296  employment.
11297         Section 374. Paragraph (d) of subsection (2) of section
11298  1012.61, Florida Statutes, is amended to read:
11299         1012.61 Sick leave.—
11300         (2) PROVISIONS GOVERNING SICK LEAVE.—The following
11301  provisions shall govern sick leave:
11302         (d) Expenditure authorized.—District school boards may
11303  expend public funds for payment to employees on account of
11304  sickness. The expending and excluding of such funds shall be in
11305  compliance with rules adopted by the Department of Personnel
11306  Management Services pursuant to chapter 650.
11307         Section 375. Subsection (6) of section 1012.796, Florida
11308  Statutes, is amended to read:
11309         1012.796 Complaints against teachers and administrators;
11310  procedure; penalties.—
11311         (6) Upon the finding of probable cause, the commissioner
11312  shall file a formal complaint and prosecute the complaint
11313  pursuant to the provisions of chapter 120. An administrative law
11314  judge shall be assigned by the Division of Administrative
11315  Hearings of the Department of Management Services to hear the
11316  complaint if there are disputed issues of material fact. The
11317  administrative law judge shall make recommendations in
11318  accordance with the provisions of subsection (7) to the
11319  appropriate Education Practices Commission panel which shall
11320  conduct a formal review of such recommendations and other
11321  pertinent information and issue a final order. The commission
11322  shall consult with its legal counsel before prior to issuance of
11323  a final order.
11324         Section 376. Subsection (5) of section 1012.865, Florida
11325  Statutes, is amended to read:
11326         1012.865 Sick leave.—Each community college board of
11327  trustees shall adopt rules whereby any full-time employee who is
11328  unable to perform his or her duties at the community college on
11329  account of personal sickness, accident disability, or extended
11330  personal illness, or because of illness or death of the
11331  employee’s father, mother, brother, sister, husband, wife,
11332  child, or other close relative or member of the employee’s own
11333  household, and who consequently has to be absent from work shall
11334  be granted leave of absence for sickness by the president or by
11335  the president’s designated representative. The following
11336  provisions shall govern sick leave:
11337         (5) EXPENDITURE AUTHORIZED.—Community college boards of
11338  trustees may expend public funds for payment to employees on
11339  account of sickness. The expending and excluding of such funds
11340  must comply shall be in compliance with rules adopted by the
11341  Department of Personnel Management Services pursuant to chapter
11342  650.
11343         Section 377. Paragraph (c) of subsection (1) of section
11344  1012.875, Florida Statutes, is amended to read:
11345         1012.875 State Community College System Optional Retirement
11346  Program.—Each community college may implement an optional
11347  retirement program, if such program is established therefor
11348  pursuant to s. 1001.64(20), under which annuity or other
11349  contracts providing retirement and death benefits may be
11350  purchased by, and on behalf of, eligible employees who
11351  participate in the program, in accordance with s. 403(b) of the
11352  Internal Revenue Code. Except as otherwise provided herein, this
11353  retirement program, which shall be known as the State Community
11354  College System Optional Retirement Program, may be implemented
11355  and administered only by an individual community college or by a
11356  consortium of community colleges.
11357         (1) As used in this section, the term:
11358         (c) “Department” means the Department of Personnel
11359  Management Services.
11360         Section 378. Subsection (7) of section 1013.03, Florida
11361  Statutes, is amended to read:
11362         1013.03 Functions of the department and the Board of
11363  Governors.—The functions of the Department of Education as it
11364  pertains to educational facilities of school districts and
11365  community colleges and of the Board of Governors as it pertains
11366  to educational facilities of state universities shall include,
11367  but not be limited to, the following:
11368         (7) Provide training, technical assistance, and building
11369  code interpretation for requirements of the mandatory Florida
11370  Building Code for the educational facilities construction and
11371  capital improvement programs of the community college boards and
11372  district school boards and, upon request, approve phase III
11373  construction documents for remodeling, renovation, or new
11374  construction of educational plants or ancillary facilities,
11375  except that university boards of trustees shall approve
11376  specifications and construction documents for their respective
11377  institutions pursuant to guidelines of the Board of Governors.
11378  The Department of Environmental Protection Management Services
11379  may, upon request, provide similar services for the Florida
11380  School for the Deaf and the Blind and shall use the Florida
11381  Building Code and the Florida Fire Prevention Code.
11382         Section 379. Paragraph (d) of subsection (3) of section
11383  1013.23, Florida Statutes, is amended to read:
11384         1013.23 Energy efficiency contracting.—
11385         (3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.—
11386         (d) Prior to the design and installation of the energy
11387  conservation measure, the district school board, community
11388  college board of trustees, or state university board of trustees
11389  must obtain from the energy performance contractor a report that
11390  discloses all costs associated with the energy conservation
11391  measure and provides an estimate of the amount of the energy
11392  cost savings. The report must be reviewed by either the
11393  Department of Education or the Department of Financial
11394  Management Services or signed and sealed by a registered
11395  professional engineer.
11396         Section 380. Subsection (8) of section 1013.30, Florida
11397  Statutes, is amended to read:
11398         1013.30 University campus master plans and campus
11399  development agreements.—
11400         (8) Following receipt of a petition challenging a campus
11401  master plan or plan amendment, the university board of trustees
11402  must submit the petition to the Division of Administrative
11403  Hearings of the Department of Management Services for assignment
11404  to an administrative law judge under ss. 120.569 and 120.57.
11405         (a) If a party to the proceeding requests mediation, the
11406  parties have up to no more than 30 days to resolve any issue in
11407  dispute. The costs of the mediation must be borne equally by all
11408  of the parties to the proceeding.
11409         (b) If the matter is not resolved within 30 days, the
11410  administrative law judge shall proceed with a hearing under ss.
11411  120.569 and 120.57. The hearing shall be held in the county
11412  where the campus of the university subject to the amendment is
11413  located. Within 60 days after receiving the petition, the
11414  administrative law judge must, consistent with the applicable
11415  requirements and procedures of the Administrative Procedure Act,
11416  hold a hearing pursuant to chapter 120, identify the issues
11417  remaining in dispute, prepare a record of the proceedings, and
11418  submit a recommended order to the state land planning agency for
11419  final action. Parties to the proceeding may submit written
11420  exceptions to the recommended order within 10 days after the
11421  recommended order is issued. The state land planning agency must
11422  issue its final order within no later than 60 days after
11423  receiving the recommended order.
11424         (c) The final order of the state land planning agency is
11425  subject to judicial review as provided in s. 120.68.
11426         (d) The signature of an attorney or party constitutes a
11427  certificate that he or she has read the pleading, motion, or
11428  other paper and that, to the best of his or her knowledge,
11429  information, and belief formed after reasonable inquiry, it is
11430  not interposed for any improper purpose, such as to harass or to
11431  cause unnecessary delay, or for economic advantage, competitive
11432  reasons, frivolous purposes, or needless increase in the cost of
11433  litigation. If a pleading, motion, or other paper is signed in
11434  violation of these requirements, the division, upon motion or
11435  its own initiative, shall impose upon either the person who
11436  signed it or a represented party, or both, an appropriate
11437  sanction, which may include an order to pay to the other party
11438  or parties the amount of reasonable expenses incurred because of
11439  the filing of the pleading, motion, or other paper, including
11440  reasonable attorney’s fees.
11441         Section 381. Subsection (3) of section 1013.38, Florida
11442  Statutes, is amended to read:
11443         1013.38 Boards to ensure that facilities comply with
11444  building codes and life safety codes.—
11445         (3) The Department of Environmental Protection Management
11446  Services may, upon request, provide facilities services for the
11447  Florida School for the Deaf and the Blind, the Division of Blind
11448  Services, and public broadcasting. As used in this section, the
11449  term “facilities services” means project management, code and
11450  design plan review, and code compliance inspection for projects
11451  as defined in s. 287.017(1)(e).
11452         Section 382. Effective July 1, 2011, section 20.51, Florida
11453  Statutes, is created to read:
11454         20.51 Department of Asset Management.—The Department of
11455  Asset Management is created.
11456         (1) The head of the department is the Governor and Cabinet.
11457  The Governor and Cabinet shall appoint an executive director,
11458  subject to confirmation by the Senate, who shall serve at the
11459  pleasure of the Governor and Cabinet.
11460         (2) The following divisions are established in the
11461  department:
11462         (a) The Division of State Lands.
11463         (b) The Division of Facilities.
11464         Section 383. Effective July 1, 2011, all powers, duties,
11465  functions, records, offices, personnel, property, pending
11466  issues, and existing contracts, administrative authority,
11467  administrative rules, and unexpended balances of appropriations,
11468  allocations, and other funds relating to the Division of State
11469  Lands established under s. 20.255(3)(h), Florida Statutes, in
11470  the Department of Environmental Protection and the Facilities
11471  Program transferred to the Department of Environmental
11472  Protection by section 1 of this act, are transferred to the
11473  Department of Asset Management by a type two transfer, as
11474  defined in s. 20.06(1), Florida Statutes.
11475         Section 384. Except as otherwise expressly provided in this
11476  act, this act shall take effect July 1, 2010.

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