November 11, 2019
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       Florida Senate - 2010                      CS for CS for SB 1238
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Governmental Oversight and Accountability; and
       Senator Ring
       
       
       576-03331B-10                                         20101238c2
    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 s. 20.255, F.S.;
   18         providing for an additional deputy secretary within
   19         the Department of Environmental Protection; creating
   20         the Division of Facilities Management and Building
   21         Construction within the department; amending ss.
   22         20.23, 20.331, 20.50, 24.105, 24.120, 29.008, 29.21,
   23         110.1055, 110.107, 110.1099, 110.116, 110.121,
   24         110.1227, 110.1228, 110.123, 110.12312, 110.12315,
   25         110.1232, 110.1234, 110.1245, 110.125, 110.131,
   26         110.151, 110.1522, 110.161, 110.171, 110.181,
   27         110.2035, 110.2037, 110.205, 110.2135, 110.227,
   28         110.403, 110.405, 110.406, 110.503, 110.605, 110.606,
   29         112.0455, 112.05, 112.08, 112.0804, 112.24, 112.3173,
   30         112.31895, 112.352, 112.354, 112.358, 112.361,
   31         112.362, 112.363, 112.63, 112.64, 112.658, 112.661,
   32         112.665, 120.65, 121.021, 121.025, 121.031, 121.051,
   33         121.0511, 121.0515, 121.055, and 121.1815, F.S.;
   34         conforming provisions to changes made by the act;
   35         repealing s. 121.1905, F.S., relating to the creation
   36         of the Division of Retirement; amending ss. 121.192,
   37         121.22, 121.23, 121.24, 121.35, 121.40, 121.4501,
   38         121.4503, 121.591, 121.5911, 121.78, 122.02, 122.09,
   39         122.23, 122.34, 145.19, 154.04, 163.3184, 175.032,
   40         175.1215, 175.361, 185.02, 185.105, 185.37, 189.4035,
   41         189.412, 210.20, 210.75, 213.053, 215.196, 215.22,
   42         215.28, 215.422, 215.425, 215.47, 215.50, 215.94,
   43         215.96, 216.0152, 216.016, 216.023, 216.044, 216.163,
   44         216.237, 216.238, 216.262, 216.292, 217.02, 217.04,
   45         217.045, 238.01, 238.02, 238.03, 238.07, 238.09,
   46         238.10, 238.11, 238.12, 238.15, 238.171, 238.181,
   47         238.32, 250.22, 252.385, 253.034, 253.126, 253.45,
   48         255.02, 255.043, 255.05, 255.0525, 255.248, 255.249,
   49         255.25, 255.25001, 255.252, 255.253, 255.257,
   50         255.2575, 255.259, 255.28, 255.29, 255.30, 255.31,
   51         255.32, 255.45, 255.451, 255.502, 255.503, 255.504,
   52         255.505, 255.506, 255.507, 255.508, 255.509, 255.51,
   53         255.511, 255.513, 255.514, 255.515, 255.517, 255.518,
   54         255.52, 255.521, 255.522, 255.523, 255.555, 265.001,
   55         265.2865, 267.061, 267.0625, 267.075, 270.27, 272.03,
   56         272.04, 272.05, 272.06, 272.07, 272.08, 272.09,
   57         272.12, 272.121, 272.122, 272.124, 272.129, 272.16,
   58         272.161, 272.18, 272.185, 273.055, 281.02, 281.03,
   59         281.06, 281.07, 281.08, 282.0041, 282.205, 282.604,
   60         282.702, 282.703, 282.704, 282.705, 282.706, 282.707,
   61         282.709, 282.7101, 282.711, 283.30, 283.32, 284.01,
   62         284.04, 284.05, 284.08, 284.33, 284.385, 284.42,
   63         285.06, 285.14, 286.29, 287.012, 287.025, 287.032,
   64         287.042, 287.055, 287.057, and 287.05721, F.S.;
   65         conforming provisions to changes made by the act;
   66         repealing s. 287.0573, F.S., relating to the Council
   67         on Efficient Government; amending ss. 287.0574,
   68         287.076, 287.083, 287.0834, 287.0943, 287.09451,
   69         287.131, 287.133, 287.134, 287.15, 287.151, 287.155,
   70         287.16, 287.161, 287.17, 287.18, 287.19, 288.021,
   71         288.109, 288.1092, 288.1093, 288.1185, 288.15, 288.17,
   72         288.18, 288.703, 288.706, 288.708, 288.7091, 288.712,
   73         288.901, 295.187, 318.18, 318.21, 320.0802, 320.08056,
   74         321.04, 328.72, 337.02, 337.023, 337.165, 338.2216,
   75         338.227, 350.0614, 350.125, 364.0135, 364.515,
   76         364.516, 365.171, 365.172, 365.173, 373.4596, 373.461,
   77         376.10, 377.703, 381.98, 394.9151, 395.1031, 400.121,
   78         401.013, 401.015, 401.018, 401.021, 401.024, 401.027,
   79         401.245, 402.35, 402.50, 403.061, 403.42, 403.518,
   80         403.5365, 403.7065, 403.714, 403.7145, 403.71852,
   81         406.075, 408.039, 408.910, 413.036, 413.051, 414.37,
   82         429.14, 440.2715, 440.45, 445.009, 447.205, 455.32,
   83         471.038, 489.145, 553.995, 570.07, 627.096, 633.382,
   84         650.02, 760.04, 766.302, 768.1326, 943.03, 943.0311,
   85         943.13, 943.61, 943.66, 943.681, 944.02, 944.10,
   86         944.115, 944.713, 944.72, 944.8041, 945.215, 946.504,
   87         946.515, 946.525, 957.04, 957.06, 957.07, 957.08,
   88         957.14, 957.15, 957.16, 1001.27, 1001.42, 1001.705,
   89         1001.706, 1001.74, 1002.36, 1002.37, 1004.58, 1012.33,
   90         1012.34, 1012.61, 1012.796, 1012.865, 1012.875,
   91         1013.03, 1013.23, s. 1013.30, and 1013.38, F.S.;
   92         conforming provision to changes made by the act;
   93         requiring that the Department of Environmental
   94         Protection coordinate the collection of certain
   95         information during the 2010-2011 fiscal year;
   96         requiring that state agencies submit such information
   97         on or before a specified deadline; requiring that the
   98         department submit a plan to centralize all real estate
   99         leasing and facilities operations and maintenance to
  100         the Executive Office of the Governor and Legislature
  101         on or before a specified date; requiring that such
  102         information be included in each agency’s legislative
  103         budget request for the 2011-2012 fiscal year as a
  104         transfer to the Department of Asset Management;
  105         creating s. 20.51, F.S.; establishing the Department
  106         of Asset Management; transferring certain divisions
  107         and programs in the Department of Environmental
  108         Protection to the Department of Asset Management;
  109         providing effective dates.
  110  
  111         WHEREAS, the Florida Government Accountability Act, ss.
  112  11.901-11.920, Florida Statutes, requires the Department of
  113  Management Services to undergo a sunset review by July 1, 2010,
  114  in order to determine whether the agency should be retained,
  115  modified, or abolished, and
  116         WHEREAS, in anticipation of that review, the Department of
  117  Management Services produced a report pursuant to s. 11.906,
  118  Florida Statutes, and
  119         WHEREAS, upon receipt of that report, the Joint Legislative
  120  Sunset Committee and the Legislative Sunset Review Committees of
  121  the Senate and the House of Representatives reviewed the report
  122  and directed the Office of Program Policy Analysis and
  123  Government Accountability to conduct a review of the department,
  124  and
  125         WHEREAS, based on the department’s report, the reports
  126  prepared by the Office of Program Policy Analysis and Government
  127  Accountability, and public input, the Legislative Sunset Review
  128  Committees made recommendations on the abolition, continuation,
  129  or reorganization of the Department of Management Services; on
  130  the need for the functions performed by the department; and on
  131  the consolidation, transfer, or reorganization of programs
  132  within the department, NOW, THEREFORE,
  133  
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Type two transfers from the Department of
  137  Management Services.—
  138         (1) All powers, duties, functions, records, offices,
  139  personnel, property, pending issues, and existing contracts,
  140  administrative authority, administrative rules, and unexpended
  141  balances of appropriations, allocations, and other funds
  142  relating to the following programs in the Department of
  143  Management Services are transferred by a type two transfer, as
  144  defined in s. 20.06(2), Florida Statutes, as follows:
  145         (a)The executive aircraft pool established under s.
  146  287.161, Florida Statutes, is transferred to the Executive
  147  Office of the Governor.
  148         (b)The Division of State Purchasing, the Office of
  149  Supplier Diversity, the Fleet Management program, the Federal
  150  Surplus Property Donation Program, and the Bureau of Private
  151  Prison Monitoring are transferred to the Department of Financial
  152  Services.
  153         (c) The Facilities Program is transferred to the Department
  154  of Environmental Protection.
  155         (d)All programs relating to the delivery of
  156  telecommunications services, including, but not limited to,
  157  SUNCOM, are transferred to the Agency for Enterprise Information
  158  Technology.
  159         (e)All programs relating to the delivery of land mobile
  160  radio services, including local public safety radio services,
  161  state public safety radio services, emergency medical services,
  162  and the Florida Interoperability Network, are transferred to the
  163  Department of Law Enforcement.
  164         (2) The following trust funds are transferred:
  165         (a) From the Department of Management Services to the
  166  Department of Environmental Protection:
  167         1. The Architects Incidental Trust Fund, FLAIR number 72-2
  168  033.
  169         2. The Florida Facilities Pool Working Capital Trust Fund,
  170  FLAIR number 72-2-225.
  171         3. The Florida Facilities Pool Clearing Trust Fund, FLAIR
  172  number 72-2-313.
  173         4. The Public Facilities Finance Trust Fund, FLAIR number
  174  72-2-495.
  175         5. The Supervision Trust Fund, FLAIR number 72-2-696.
  176         (b) The Bureau of Aircraft Trust Fund, FLAIR number 72-2
  177  066, is transferred from the Department of Management Services
  178  to the Executive Office of the Governor:
  179         (c) From the Department of Management Services to the
  180  Agency for Enterprise Information Technology:
  181         1. The Communications Working Capital Trust Fund, FLAIR
  182  number 72-2-105.
  183         2. The Working Capital Trust Fund, FLAIR number 72-2-792.
  184         (d) From the Department of Management Services to the
  185  Department of Law Enforcement:
  186         1. The Law Enforcement Radio Trust Fund, FLAIR number 72-2
  187  432.
  188         2. The Emergency Communications Number E911 System Trust
  189  Fund, FLAIR number 72-2-344.
  190         (e) The Surplus Property Revolving Trust Fund, FLAIR number
  191  72-2-699, is transferred From the Department of Management
  192  Services to the Department of Financial Services.
  193         Section 2. Notwithstanding ss. 216.292 and 216.351, Florida
  194  Statutes, upon approval by the Legislative Budget Committee, the
  195  Executive Office of the Governor may transfer funds and
  196  positions between agencies to implement this act.
  197         Section 3. The Legislature recognizes that there is a need
  198  to conform the Florida Statutes to the policy decisions
  199  reflected in this act and that there is a need to resolve
  200  apparent conflicts between any other legislation that has been
  201  or may be enacted during 2010 and the abolition of the
  202  Department of Management Services, the creation of the
  203  Department of Personnel Management, and the transfer of the
  204  duties of the Department of Management Services to other
  205  agencies made by this act. Therefore, in the interim between
  206  this act becoming law and the 2011 Regular Session of the
  207  Legislature or an earlier special session addressing this issue,
  208  the Division of Statutory Revision shall provide the relevant
  209  substantive committees of the Senate and the House of
  210  Representatives with assistance, upon request, to enable such
  211  committees to prepare draft legislation to conform the Florida
  212  Statutes and any legislation enacted during 2010 to the
  213  provisions of this act.
  214         Section 4. Subsection (3) of section 11.917, Florida
  215  Statutes, is amended to read:
  216         11.917 Procedure after termination.—
  217         (3)(a) If not otherwise provided by law:,
  218         (a) Property in the custody of an abolished state agency or
  219  advisory committee shall be transferred to the Department of
  220  Financial Management Services.
  221         (b) If not otherwise provided by law, Records in the
  222  custody of an abolished state agency or advisory committee shall
  223  be transferred to the Department of State.
  224         Section 5. Subsection (2) of section 14.057, Florida
  225  Statutes, is amended to read:
  226         14.057 Governor-elect; establishment of operating fund.—
  227         (2) The Department of Environmental Protection Management
  228  Services shall provide for the Governor-elect, the Governor
  229  elect’s staff, and the inauguration staff temporary office
  230  facilities in the capitol center for the period extending from
  231  the day of the certification of the Governor-elect’s election by
  232  the Elections Canvassing Commission to the day of his or her
  233  inauguration.
  234         Section 6. Paragraphs (h) and (i) of subsection (4) of
  235  section 14.204, Florida Statutes, are amended to read:
  236         14.204 Agency for Enterprise Information Technology.—The
  237  Agency for Enterprise Information Technology is created within
  238  the Executive Office of the Governor.
  239         (4) The agency shall have the following duties and
  240  responsibilities:
  241         (h) In consultation with the Division of Purchasing in the
  242  Department of Financial Management Services, coordinate
  243  procurement negotiations for software that will be used by
  244  multiple agencies.
  245         (i) In coordination with, and through the services of, the
  246  Division of Purchasing in the Department of Financial Management
  247  Services, develop best practices for technology procurements.
  248         Section 7. Paragraph (i) of subsection (1) of section
  249  16.615, Florida Statutes, is amended to read:
  250         16.615 Council on the Social Status of Black Men and Boys.—
  251         (1) The Council on the Social Status of Black Men and Boys
  252  is established within the Department of Legal Affairs and shall
  253  consist of 19 members appointed as follows:
  254         (i) The executive director of the Department of Personnel
  255  Management Secretary of Management Services or a his or her
  256  designee.
  257         Section 8. Subsections (3) and (7) of section 20.04,
  258  Florida Statutes, are amended to read:
  259         20.04 Structure of executive branch.—The executive branch
  260  of state government is structured as follows:
  261         (3) For their internal structure, all departments, except
  262  for the Department of Financial Services, the Department of
  263  Children and Family Services, the Department of Corrections, the
  264  Department of Personnel Management Services, the Department of
  265  Revenue, and the Department of Transportation, must adhere to
  266  the following standard terms:
  267         (a) The principal unit of the department is the “division.”
  268  Each division is headed by a “director.”
  269         (b) The principal unit of the division is the “bureau.”
  270  Each bureau is headed by a “chief.”
  271         (c) The principal unit of the bureau is the “section.” Each
  272  section is headed by an “administrator.”
  273         (d) If further subdivision is necessary, sections may be
  274  divided into “subsections,” which are headed by “supervisors.”
  275         (7)(a) Unless specifically authorized by law, the head of a
  276  department may not reallocate duties and functions specifically
  277  assigned by law to a specific unit of the department.
  278         (a) Those functions or agencies assigned generally to the
  279  department without specific designation to a unit of the
  280  department may be allocated and reallocated to a unit of the
  281  department at the discretion of the head of the department.
  282         (b) Within the limitations of this subsection, the head of
  283  the department may recommend the establishment of additional
  284  divisions, bureaus, sections, and subsections of the department
  285  to promote efficient and effective operation of the department.
  286  However, additional divisions, or offices in the Department of
  287  Children and Family Services, the Department of Corrections, and
  288  the Department of Transportation, may be established only by
  289  specific statutory enactment.
  290         (c) New bureaus, sections, and subsections of departments
  291  may be initiated by a department and established as recommended
  292  by the Department of Personnel Management Services and approved
  293  by the Executive Office of the Governor, or may be established
  294  by specific statutory enactment.
  295         (d)(c) For the purposes of such recommendations and
  296  approvals, the Department of Personnel Management Services and
  297  the Executive Office of the Governor, respectively, must adopt
  298  and apply specific criteria for assessing the appropriateness of
  299  all reorganization requests from agencies. The criteria must be
  300  applied to future agency requests for reorganization and must be
  301  used to review the appropriateness of bureaus currently in
  302  existence. Any current bureau that does not meet the criteria
  303  for a bureau must be reorganized into a section or other
  304  appropriate unit.
  305         Section 9. Section 20.22, Florida Statutes, is amended to
  306  read:
  307         20.22 Department of Personnel Management Services.—The
  308  There is created a Department of Personnel Management is created
  309  Services.
  310         (1) The head of the Department of Personnel Management
  311  Services is the Governor and Cabinet, who shall appoint an
  312  executive director the Secretary of Management Services, who
  313  shall be appointed by the Governor, subject to confirmation by
  314  the Senate, and who shall serve at the pleasure of the Governor
  315  and Cabinet.
  316         (2) The following divisions and programs within the
  317  Department of Management Services are established within the
  318  department:
  319         (a)Facilities Program.
  320         (b)Technology Program.
  321         (a)(c)Division of Human Resource Management Workforce
  322  Program.
  323         (d)1.Support Program.
  324         2.Federal Property Assistance Program.
  325         (e)Administration Program.
  326         (f)Division of Administrative Hearings.
  327         (b)(g) Division of Retirement.
  328         (c)(h) Division of State Group Insurance.
  329         (d)Division of Administrative Hearings, as a separate
  330  budget entity and not subject to the department’s control,
  331  supervision, or direction.
  332         (3) The duties of the Chief Labor Negotiator shall be
  333  determined by the Governor Secretary of Management Services, and
  334  must include, but need not be limited to, the representation of
  335  the Governor as the public employer in collective bargaining
  336  negotiations pursuant to the provisions of chapter 447.
  337         Section 10. Subsection (6) of section 20.23, Florida
  338  Statutes, is amended to read:
  339         20.23 Department of Transportation.—There is created a
  340  Department of Transportation which shall be a decentralized
  341  agency.
  342         (6) Notwithstanding the provisions of s. 110.205, the
  343  Department of Personnel Management may Services is authorized to
  344  exempt positions within the Department of Transportation which
  345  are comparable to positions within the Senior Management Service
  346  pursuant to s. 110.205(2)(j) or positions that which are
  347  comparable to positions in the Selected Exempt Service under s.
  348  110.205(2)(m).
  349         Section 11. Paragraph (a) of subsection (2) of section
  350  20.255, Florida Statutes, are amended, and paragraph (i) is
  351  added to subsection (3) of that section, to read:
  352         20.255 Department of Environmental Protection.—There is
  353  created a Department of Environmental Protection.
  354         (2)(a) There shall be four three deputy secretaries who are
  355  to be appointed by and shall serve at the pleasure of the
  356  secretary. The secretary may assign any deputy secretary the
  357  responsibility to supervise, coordinate, and formulate policy
  358  for any division, office, or district. The following special
  359  offices are established and headed by managers, each of whom is
  360  to be appointed by and serve at the pleasure of the secretary:
  361         1. Office of Chief of Staff;
  362         2. Office of General Counsel;
  363         3. Office of Inspector General;
  364         4. Office of External Affairs;
  365         5. Office of Legislative Affairs;
  366         6. Office of Intergovernmental Programs; and
  367         7. Office of Greenways and Trails.
  368  
  369  The managers of all divisions and offices specifically named in
  370  this section and the directors of the six administrative
  371  districts are exempt from part II of chapter 110 and are
  372  included in the Senior Management Service in accordance with s.
  373  110.205(2)(j).
  374         (3) The following divisions of the Department of
  375  Environmental Protection are established:
  376         (i) Division of Facilities Management and Building
  377  Construction.
  378  
  379  In order to ensure statewide and intradepartmental consistency,
  380  the department’s divisions shall direct the district offices and
  381  bureaus on matters of interpretation and applicability of the
  382  department’s rules and programs.
  383         Section 12. Paragraph (c) of subsection (6) of section
  384  20.331, Florida Statutes, is amended to read:
  385         20.331 Fish and Wildlife Conservation Commission.—
  386         (6) GENERAL PROVISIONS.—
  387         (c) Divisions, sections, and offices created by this act
  388  may be abolished only by general law. Additional divisions in
  389  the commission may only be established by general law. New
  390  sections, subsections, and offices of the commission may be
  391  initiated by the commission and established as recommended by
  392  the Department of Personnel Management Services and approved by
  393  the Executive Office of the Governor, or may be established by
  394  general law.
  395         Section 13. Section 20.50, Florida Statutes, is amended to
  396  read:
  397         20.50 Agency for Workforce Innovation.—There is created The
  398  Agency for Workforce Innovation is created within the Department
  399  of Personnel Management Services. The agency is shall be a
  400  separate budget entity, as provided in the General
  401  Appropriations Act, and the director of the agency shall be the
  402  agency head for all purposes. The head of the agency is the
  403  director of Workforce Innovation, who shall be appointed by the
  404  Governor. The agency is shall not be subject to control,
  405  supervision, or direction by the Department of Personnel
  406  Management Services in any manner, including, but not limited
  407  to, personnel, purchasing, transactions involving real or
  408  personal property, and budgetary matters.
  409         (1) The agency for Workforce Innovation shall ensure that
  410  the state appropriately administers federal and state workforce
  411  funding by administering plans and policies of Workforce
  412  Florida, Inc., under contract with Workforce Florida, Inc. The
  413  operating budget and midyear amendments thereto must be part of
  414  such contract.
  415         (a) All program and fiscal instructions to regional
  416  workforce boards must shall emanate from the agency pursuant to
  417  plans and policies of Workforce Florida, Inc. Workforce Florida,
  418  Inc., is shall be responsible for all policy directions to the
  419  regional boards.
  420         (b) Unless otherwise provided by agreement with Workforce
  421  Florida, Inc., administrative and personnel policies of the
  422  agency for Workforce Innovation shall apply.
  423         (2)(a) The agency for Workforce Innovation is the
  424  administrative agency designated for receipt of federal
  425  workforce development grants and other federal funds. The agency
  426  shall administer the duties and responsibilities assigned by the
  427  Governor under each federal grant assigned to the agency.
  428         (a) The agency shall expend each revenue source as provided
  429  by federal and state law and as provided in plans developed by
  430  and agreements with Workforce Florida, Inc. The agency may serve
  431  as contract administrator for Workforce Florida, Inc., contracts
  432  pursuant to s. 445.004(5) as directed by Workforce Florida, Inc.
  433         (b) The agency shall prepare and submit a unified budget
  434  request for workforce development, in accordance with chapter
  435  216 for, and in conjunction with, Workforce Florida, Inc., and
  436  its board. The head of the agency is the director of Workforce
  437  Innovation, who shall be appointed by the Governor.
  438         (c) The agency shall include the following offices within
  439  its organizational structure:
  440         1. The Office of Unemployment Compensation Services;
  441         2. The Office of Workforce Program Support;
  442         3. The Office of Early Learning, which shall administer the
  443  school readiness system in accordance with s. 411.01 and the
  444  operational requirements of the Voluntary Prekindergarten
  445  Education Program in accordance with part V of chapter 1002. The
  446  office shall be directed by the Deputy Director for Early
  447  Learning, who shall be appointed by and serve at the pleasure of
  448  the director; and
  449         4. The Office of Agency Support Services.
  450         (d) The director of the agency may establish the positions
  451  of assistant director and deputy director to administer the
  452  requirements and functions of the agency. In addition, the
  453  director may organize and structure the offices of the agency to
  454  best meet the goals and objectives of the agency as provided in
  455  s. 20.04.
  456         (e)(d) The Unemployment Appeals Commission, authorized by
  457  s. 443.012, is not subject to control, supervision, or direction
  458  by the agency for Workforce Innovation in the performance of its
  459  powers and duties but shall receive any and all support and
  460  assistance from the agency that is required for the performance
  461  of its duties.
  462         (3) The agency for Workforce Innovation shall serve as the
  463  designated agency for purposes of each federal workforce
  464  development grant assigned to it for administration. The agency
  465  shall carry out the duties assigned to it by the Governor, under
  466  the terms and conditions of each grant. The agency shall have
  467  the level of authority and autonomy necessary to be the
  468  designated recipient of each federal grant assigned to it, and
  469  shall disperse such grants pursuant to the plans and policies of
  470  Workforce Florida, Inc. The director may, upon delegation from
  471  the Governor and pursuant to agreement with Workforce Florida,
  472  Inc., sign contracts, grants, and other instruments as necessary
  473  to execute functions assigned to the agency. Notwithstanding
  474  other provisions of law, the agency for Workforce Innovation
  475  shall administer other programs funded by federal or state
  476  appropriations, as determined by the Legislature in the General
  477  Appropriations Act or by law.
  478         (4) The agency for Workforce Innovation may provide or
  479  contract for training for employees of administrative entities
  480  and case managers of any contracted providers to ensure that
  481  they have the necessary competencies and skills to provide
  482  adequate administrative oversight and delivery of the full array
  483  of client services.
  484         (5) The agency for Workforce Innovation shall have an
  485  official seal by which its records, orders, and proceedings are
  486  authenticated. The seal shall be judicially noticed.
  487         Section 14. Subsection (13) of section 24.105, Florida
  488  Statutes, is amended to read:
  489         24.105 Powers and duties of department.—The department
  490  shall:
  491         (13) Have the authority to Perform any of the functions of
  492  the Department of Financial Management Services under chapter
  493  255, chapter 273, chapter 281, chapter 283, or chapter 287, or
  494  any rules adopted under any such chapter, and may grant
  495  approvals provided for under any such chapter or rules. If the
  496  department finds, by rule, that compliance with any such chapter
  497  would impair or impede the effective or efficient operation of
  498  the lottery, the department may adopt rules providing
  499  alternative procurement procedures. Such alternative procedures
  500  shall be designed to allow the department to evaluate competing
  501  proposals and select the proposal that provides the greatest
  502  long-term benefit to the state with respect to the quality of
  503  the products or services, dependability and integrity of the
  504  vendor, dependability of the vendor’s products or services,
  505  security, competence, timeliness, and maximization of gross
  506  revenues and net proceeds over the life of the contract.
  507         Section 15. Subsection (6) of section 24.120, Florida
  508  Statutes, is amended to read:
  509         24.120 Financial matters; Operating Trust Fund; interagency
  510  cooperation.—
  511         (6) The Department of Financial Management Services may
  512  authorize a sales incentive program for employees of the
  513  department for the purpose of increasing the sales volume and
  514  distribution of lottery tickets. Payments pursuant to the
  515  program are shall not be construed to be lump-sum salary
  516  bonuses.
  517         Section 16. Paragraph (a) of subsection (1) of section
  518  29.008, Florida Statutes, is amended to read:
  519         29.008 County funding of court-related functions.—
  520         (1) Counties are required by s. 14, Art. V of the State
  521  Constitution to fund the cost of communications services,
  522  existing radio systems, existing multiagency criminal justice
  523  information systems, and the cost of construction or lease,
  524  maintenance, utilities, and security of facilities for the
  525  circuit and county courts, public defenders’ offices, state
  526  attorneys’ offices, guardian ad litem offices, and the offices
  527  of the clerks of the circuit and county courts performing court
  528  related functions. For purposes of this section, the term
  529  “circuit and county courts” includes the offices and staffing of
  530  the guardian ad litem programs, and the term “public defenders’
  531  offices” includes the offices of criminal conflict and civil
  532  regional counsel. The county designated under s. 35.05(1) as the
  533  headquarters for each appellate district shall fund these costs
  534  for the appellate division of the public defender’s office in
  535  that county. For purposes of implementing these requirements,
  536  the term:
  537         (a) “Facility” means reasonable and necessary buildings and
  538  office space and appurtenant equipment and furnishings,
  539  structures, real estate, easements, and related interests in
  540  real estate, including, but not limited to, those for the
  541  purpose of housing legal materials for use by the general public
  542  and personnel, equipment, or functions of the circuit or county
  543  courts, public defenders’ offices, state attorneys’ offices, and
  544  court-related functions of the office of the clerks of the
  545  circuit and county courts and all storage. The term “facility”
  546  includes all wiring necessary for court reporting services. The
  547  term also includes access to parking for such facilities in
  548  connection with such court-related functions that may be
  549  available free or from a private provider or a local government
  550  for a fee. The office space provided by a county may not be less
  551  than the standards for space allotment adopted by the Department
  552  of Environmental Protection Management Services, except that
  553  this requirement applies only to facilities that are leased, or
  554  on which construction commences, after June 30, 2003. County
  555  funding must include physical modifications and improvements to
  556  all facilities as are required for compliance with the Americans
  557  with Disabilities Act. Upon mutual agreement of a county and the
  558  affected entity in this paragraph, the office space provided by
  559  the county may vary from the standards for space allotment
  560  adopted by the Department of Environmental Protection Management
  561  Services.
  562         1. As of July 1, 2005, Equipment and furnishings are shall
  563  be limited to that which is appropriate and customary for
  564  courtrooms, hearing rooms, jury facilities, and other public
  565  areas in courthouses and any other facility occupied by the
  566  courts, state attorneys, public defenders, guardians ad litem,
  567  and criminal conflict and civil regional counsel. Court
  568  reporting equipment in these areas or facilities is not a
  569  responsibility of the county.
  570         2. Equipment and furnishings under this paragraph in
  571  existence and owned by counties on July 1, 2005, except for that
  572  in the possession of the clerks, for areas other than
  573  courtrooms, hearing rooms, jury facilities, and other public
  574  areas in courthouses and any other facility occupied by the
  575  courts, state attorneys, and public defenders, shall be
  576  transferred to the state at no charge. This provision does not
  577  apply to any communications services as defined in paragraph
  578  (f).
  579         Section 17. Section 29.21, Florida Statutes, is amended to
  580  read:
  581         29.21 Department of Management Services to provide
  582  Assistance in procuring services.—In accordance with s. 287.042,
  583  the Department of Financial Management Services may assist the
  584  Office of the State Courts Administrator and the Justice
  585  Administrative Commission with competitive solicitations for the
  586  procurement of state-funded services under this chapter. This
  587  may include assistance in the development and review of
  588  proposals in compliance with chapter 287, and rules adopted
  589  under that chapter.
  590         Section 18. Section 110.1055, Florida Statutes, is amended
  591  to read:
  592         110.1055 Rules and rulemaking authority.—The Department of
  593  Personnel Management Services shall adopt rules as necessary to
  594  effectuate the provisions of this chapter, as amended by this
  595  act, and in accordance with the authority granted to the
  596  department under in this chapter. All existing rules relating to
  597  this chapter are statutorily repealed January 1, 2002, unless
  598  otherwise readopted.
  599         Section 19. Subsections (1) and (2) of section 110.107,
  600  Florida Statutes, are amended to read:
  601         110.107 Definitions.—As used in this chapter, the term:
  602         (1) “Department” means the Department of Personnel
  603  Management Services.
  604         (2) “Executive director Secretary” means the executive
  605  director of the department Secretary of Management Services.
  606         Section 20. Subsection (5) of section 110.1099, Florida
  607  Statutes, is amended to read:
  608         110.1099 Education and training opportunities for state
  609  employees.—
  610         (5) The department of Management Services, in consultation
  611  with the agencies and, to the extent applicable, with the state
  612  Florida’s public community colleges, public career centers, and
  613  public universities, shall adopt rules to administer this
  614  section.
  615         Section 21. Section 110.116, Florida Statutes, is amended
  616  to read:
  617         110.116 Personnel information system; payroll procedures.
  618  The department of Management Services shall establish and
  619  maintain, in coordination with the payroll system of the
  620  Department of Financial Services, a complete personnel
  621  information system for all authorized and established positions
  622  in the state service, with the exception of employees of the
  623  Legislature, unless the Legislature chooses to participate. The
  624  department may contract with a vendor to provide the personnel
  625  information system. The specifications shall be developed in
  626  conjunction with the payroll system of the Department of
  627  Financial Services and in coordination with the Auditor General.
  628  The Department of Financial Services shall determine that the
  629  position occupied by each employee has been authorized and
  630  established in accordance with the provisions of s. 216.251. The
  631  department of Management Services shall develop and maintain a
  632  position numbering system that identifies will identify each
  633  established position, and such information shall be a part of
  634  the payroll system of the Department of Financial Services. With
  635  the exception of employees of the Legislature, unless the
  636  Legislature chooses to participate, this system includes shall
  637  include all career service positions and those positions
  638  exempted from career service provisions, notwithstanding the
  639  funding source of the salary payments, and information regarding
  640  persons receiving payments from other sources. Necessary
  641  revisions shall be made in the personnel and payroll procedures
  642  of the state to avoid duplication insofar as is feasible. A list
  643  shall be organized by budget entity to show the employees or
  644  vacant positions within each budget entity. This list must shall
  645  be available to the Speaker of the House of Representatives and
  646  the President of the Senate upon request.
  647         Section 22. Section 110.121, Florida Statutes, is amended
  648  to read:
  649         110.121 Sick leave pool.—Each state department or agency
  650  that of the state which has authority to adopt rules governing
  651  the accumulation and use of sick leave for employees and that
  652  which maintains accurate and reliable records showing the amount
  653  of sick leave which has been accumulated and is unused by
  654  employees may, in accordance with guidelines that are which
  655  shall be established by the department of Management Services,
  656  adopt rules for establishing the establishment of a plan
  657  allowing participating employees to pool sick leave and allowing
  658  any sick leave thus pooled to be used by a any participating
  659  employee who has used all of his or her the sick leave that has
  660  been personally accrued by him or her. At a minimum Although not
  661  limited to the following, such rules shall provide:
  662         (1) That employees are shall be eligible for participation
  663  in the sick leave pool after 1 year of employment with a the
  664  state or agency if of the state; provided that such employee has
  665  accrued a minimum amount of unused sick leave, which minimum
  666  shall be established by rule.
  667         (2) That participation in the sick leave pool is shall, at
  668  all times, be voluntary on the part of the employees.
  669         (3) That any sick leave pooled shall be removed from the
  670  personally accumulated sick leave balance of the employee
  671  contributing such leave.
  672         (4) That any sick leave in the pool which leave is used by
  673  a participating employee is shall be used only for the
  674  employee’s personal illness, accident, or injury.
  675         (5) That a participating employee may shall not be eligible
  676  to use sick leave accumulated in the pool until all of his or
  677  her personally accrued sick, annual, and compensatory leave has
  678  been used.
  679         (6) The A maximum number of days of sick leave in the pool
  680  which any one employee may use.
  681         (7) That a participating employee who uses sick leave from
  682  the pool is shall not be required to recontribute such sick
  683  leave to the pool, except as otherwise provided in this section.
  684         (8) That an employee who cancels his or her membership in
  685  the sick leave pool may shall not be eligible to withdraw the
  686  days of sick leave contributed by that employee to the pool.
  687         (9) That an employee who transfers from one position in a
  688  state agency government to another position in another state
  689  agency government may transfer from one pool to another if the
  690  eligibility criteria of the pools are comparable or the
  691  administrators of the pools have agreed on a formula for
  692  transfer of credits.
  693         (10) That alleged abuse of the use of the sick leave pool
  694  shall be investigated, and, on a finding of wrongdoing, the
  695  employee must shall repay all of the sick leave credits drawn
  696  from the sick leave pool and is shall be subject to such other
  697  disciplinary action as is determined by the agency head.
  698         (11) That sick leave credits may be drawn from the sick
  699  leave pool by a part-time employee on a pro rata basis.
  700         Section 23. Section 110.1227, Florida Statutes, is amended
  701  to read:
  702         110.1227 Florida Employee Long-Term-Care Plan Act.—
  703         (1) The Legislature finds that state expenditures for long
  704  term-care services continue to increase at a rapid rate and that
  705  the state faces increasing pressure in its efforts to meet the
  706  long-term-care needs of the public.
  707         (a) It is the intent of the Legislature that the Department
  708  of Personnel Management Services and the Department of Elderly
  709  Affairs implement a self-funded or fully insured, voluntary,
  710  long-term-care plan for public employees and their families and
  711  provide an opportunity for public employees and their families
  712  to purchase said long-term-care insurance by means of payroll
  713  deduction.
  714         (b) The department and the Department of Elderly Affairs
  715  and the Department of Management Services shall jointly design
  716  the plan to provide long-term-care coverage for public
  717  employees, family members of public employees, and retirees. The
  718  departments Department of Management Services and the Department
  719  of Elderly Affairs shall enter into an interagency agreement
  720  defining their roles with regard to plan development and design.
  721  Joint planning expenses shall be shared to the extent that
  722  funded planning activities are consistent with the goals of the
  723  departments. Eligible plan participants must include active and
  724  retired officers and employees of all branches and state
  725  agencies of state and their spouses, children, stepchildren,
  726  parents, and parents-in-law; and, upon the affirmative vote of
  727  the governing body of any county or municipality in this state,
  728  the active and retired officers and employees of any such county
  729  or municipality and their spouses, children, stepchildren,
  730  parents, and parents-in-law; and the surviving spouses,
  731  children, stepchildren, parents, and parents-in-law of such
  732  deceased officers and employees, whether active or retired at
  733  the time of death.
  734         (c) This section does not limit the department’s act in no
  735  way affects the Department of Management Services’ authority
  736  under pursuant to s. 110.123.
  737         (d) The department of Management Services and the
  738  Department of Elderly Affairs shall review all self-insured and
  739  all fully-insured proposals submitted to it by qualified vendors
  740  who have submitted responses prior to February 23, 1999. Upon
  741  review of the proposals, the departments Department of
  742  Management Services and the Department of Elderly Affairs may
  743  award a contract to the vendor that the departments deem to
  744  represent the best value to public employees, family members of
  745  public employees, and retirees.
  746         (e) An No entity providing actuarial consulting services to
  747  the department of Management Services or the Department of
  748  Elderly Affairs in the preparation of the request for proposals,
  749  in the evaluation of such proposals, or in the selection of a
  750  provider of long-term-care service offerings may not shall be
  751  eligible to provide or contract to provide the entity selected
  752  as the provider of long-term-care service offerings in this
  753  state with any services related to the Florida Employee Long
  754  Term-Care plan.
  755         (2) As used in this section, the term:
  756         (a)“Department” means the Department of Elderly Affairs.
  757         (a)(b) “Self-funded” means that plan benefits and costs are
  758  funded from contributions made by or on behalf of participants
  759  and trust fund investment revenue.
  760         (b)(c) “Plan” means the Florida Employee Long-Term-Care
  761  Plan.
  762         (3) The department of Management Services and the
  763  Department of Elderly Affairs shall, in consultation with public
  764  employers and employees and representatives from unions and
  765  associations representing state, university, local government,
  766  and other public employees, establish and supervise the
  767  implementation and administration of a self-funded or fully
  768  insured long-term-care plan entitled “Florida Employee Long
  769  Term-Care Plan.”
  770         (a) The departments Department of Management Services and
  771  the department shall, in consultation with the Office of
  772  Insurance Regulation of the Financial Services Commission,
  773  contract for actuarial, professional-administrator, and other
  774  services for the Florida Employee Long-Term-Care plan.
  775         (b) When contracting for a professional administrator, the
  776  department of Management Services shall consider, at a minimum,
  777  the entity’s previous experience and expertise in administering
  778  group long-term-care self-funded plans or long-term-care
  779  insurance programs; the entity’s demonstrated ability to perform
  780  its contractual obligations in the state and in other
  781  jurisdictions; the entity’s projected administrative costs; the
  782  entity’s capability to adequately provide service coverage,
  783  including a sufficient number of experienced and qualified
  784  personnel in the areas of marketing, claims processing,
  785  recordkeeping, and underwriting; the entity’s accessibility to
  786  public employees and other qualified participants; and the
  787  entity’s financial soundness and solvency.
  788         (c) Any contract with a professional administrator entered
  789  into by the department of Management Services must require that
  790  the state be held harmless and indemnified for any financial
  791  loss caused by the failure of the professional administrator to
  792  comply with the terms of the contract.
  793         (d) The department of Management Services shall explore
  794  innovations in long-term-care financing and service delivery
  795  with regard to possible future inclusion in the plan. Such
  796  innovative financing and service delivery mechanisms may include
  797  managed long-term care and plans that set aside assets with
  798  regard to eligibility for Medicaid-funded long-term-care
  799  services in the same proportion that private long-term-care
  800  insurance benefits are used to pay for long-term care.
  801         (4) The department of Management Services and the
  802  Department of Elderly Services shall coordinate, directly or
  803  through contract, marketing of the plan. Expenses related to
  804  such marketing shall be reimbursed from funds of the plan.
  805         (5) The department of Management Services shall contract
  806  with the State Board of Administration for the investment of
  807  funds in the Florida Employee Long-Term-Care Plan reserve fund.
  808  Plan funds are not state funds. The moneys shall be held by the
  809  state board of Administration on behalf of enrollees and
  810  invested and disbursed in accordance with a trust agreement
  811  approved by the division and the state board of Administration
  812  and in accordance with the provisions of ss. 215.44-215.53.
  813  Moneys in the reserve fund may be used only for the purposes
  814  specified in the agreement.
  815         (6) A Florida Employee Long-Term-Care Plan Board of
  816  Directors is created, composed of nine members who shall serve
  817  2-year terms, to be appointed after May 1, 1999, as follows:
  818         (a) The secretary of the Department of Elderly Affairs
  819  shall appoint a member who is a plan participant.
  820         (b) The Director of the Office of Insurance Regulation
  821  shall appoint an actuary.
  822         (c) The Attorney General shall appoint an attorney licensed
  823  to practice law in this state.
  824         (d) The Governor shall appoint three members from a broad
  825  cross-section of the residents of this state.
  826         (e) The Department of Personnel Management Services shall
  827  appoint a member.
  828         (f) The President of the Senate shall appoint a member of
  829  the Senate.
  830         (g) The Speaker of the House of Representatives shall
  831  appoint a member of the House of Representatives.
  832         (7) The board of directors of the Florida Long-Term-Care
  833  Plan shall:
  834         (a) Prepare an annual report of the plan, with the
  835  assistance of an actuarial consultant, to be submitted to the
  836  Speaker of the House of Representatives, the President of the
  837  Senate, the Governor, and the Minority Leaders of the Senate and
  838  the House of Representatives.
  839         (b) Approve the appointment of an executive director
  840  jointly recommended by the department of Management Services and
  841  the Department of Elderly Affairs to serve as the chief
  842  administrative and operational officer of the Florida Employee
  843  Long-Term-Care plan.
  844         (c) Approve the terms of the department’s Department of
  845  Management Services’ third-party administrator contract.
  846         (d) Implement such other policies and procedures as
  847  necessary to assure the soundness and efficient operation of the
  848  plan.
  849         (8) Members of the board may not receive a salary, but may
  850  be reimbursed for travel, per diem, and administrative expenses
  851  related to their duties. Board expenses and costs for the annual
  852  report and other administrative expenses must be borne by the
  853  plan. State funds may not be used for contributed toward costs
  854  associated with board members or their activities conducted on
  855  behalf of and for the benefit of plan beneficiaries.
  856         Section 24. Paragraph (f) of subsection (5) and subsection
  857  (7) of section 110.1228, Florida Statutes, are amended to read:
  858         110.1228 Participation by small counties, small
  859  municipalities, and district school boards located in small
  860  counties.—
  861         (5) If the department determines that a small county, small
  862  municipality, or district school board is eligible to enroll,
  863  the small county, small municipality, or district school board
  864  must agree to the following terms and conditions:
  865         (f) If a small county, small municipality, or district
  866  school board employer fails to make the payments required by
  867  this section to fully reimburse the state, upon the department’s
  868  request, the Department of Revenue or the Department of
  869  Financial Services shall, upon the request of the Department of
  870  Management Services, deduct the amount owed by the employer from
  871  any funds not pledged to bond debt service satisfaction that are
  872  to be distributed by it to the small county, small municipality,
  873  or district school board. The amounts so deducted shall be
  874  transferred to the department of Management Services for further
  875  distribution to the trust funds in accordance with this chapter.
  876         (7) The department of Management Services may adopt rules
  877  necessary to administer this section.
  878         Section 25. Subsection (2) and paragraphs (a), (e), (h),
  879  and (i) of subsection (3) of section 110.123, Florida Statutes,
  880  are amended to read:
  881         110.123 State group insurance program.—
  882         (2) DEFINITIONS.—As used in this section, the term:
  883         (a)“Department” means the Department of Management
  884  Services.
  885         (a)(b) “Enrollee” means all state officers and employees,
  886  retired state officers and employees, surviving spouses of
  887  deceased state officers and employees, and terminated employees
  888  or individuals with continuation coverage who are enrolled in an
  889  insurance plan offered by the state group insurance program. The
  890  term “Enrollee” includes all state university officers and
  891  employees, retired state university officers and employees,
  892  surviving spouses of deceased state university officers and
  893  employees, and terminated state university employees or
  894  individuals with continuation coverage who are enrolled in an
  895  insurance plan offered by the state group insurance program.
  896         (b)(c) “Full-time state employees” means includes all full
  897  time employees of state all branches or agencies of state
  898  government holding salaried positions and paid by state warrant
  899  or from agency funds, and employees paid from regular salary
  900  appropriations for 8 months’ employment, including university
  901  personnel on academic contracts, but in no case shall “state
  902  employee” or “salaried position” include persons paid from
  903  other-personal-services (OPS) funds. “Full-time employees”
  904  includes all full-time employees of the state universities.
  905         (c)(d) “Health maintenance organization” or “HMO” means an
  906  entity certified under part I of chapter 641.
  907         (d)(e) “Health plan member” means any person participating
  908  in a state group health insurance plan, a TRICARE supplemental
  909  insurance plan, or a health maintenance organization plan under
  910  the state group insurance program, including enrollees and
  911  covered dependents thereof.
  912         (e)(f) “Part-time state employee” means any employee of any
  913  branch or agency of state government paid by state warrant from
  914  salary appropriations or from agency funds, and who is employed
  915  for less than the normal full-time workweek established by the
  916  department or, if on academic contract or seasonal or other type
  917  of employment which is less than year-round, is employed for
  918  less than 8 months during any 12-month period. The term does
  919  not, but in no case shall “part-time” employee include a person
  920  paid from other-personal-services (OPS) funds. “Part-time state
  921  employee” includes any part-time employee of the state
  922  universities.
  923         (f)(g) “Retired state officer or employee” or “retiree”
  924  means any state or state university officer or employee who
  925  retires under a state retirement system or a state optional
  926  annuity or retirement program or is placed on disability
  927  retirement, and who was insured under the state group insurance
  928  program at the time of retirement, and who begins receiving
  929  retirement benefits immediately after retirement from state or
  930  state university office or employment. In addition to these
  931  requirements, the term includes any state officer or state
  932  employee who retires under the defined contribution Public
  933  Employee Optional Retirement program established under part II
  934  of chapter 121 shall be considered a “retired state officer or
  935  employee” or “retiree” as used in this section if he or she:
  936         1. Meets the age and service requirements to qualify for
  937  normal retirement as set forth in s. 121.021(29); or
  938         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  939  the Internal Revenue Code and has 6 years of creditable service.
  940         (g)(h) “State agency” or “agency” means any branch,
  941  department, or agency of state government. “State agency” or
  942  “agency” includes any state university for purposes of this
  943  section only.
  944         (h)(i) “State group health insurance plan or plans” or
  945  “state plan or plans” mean the state self-insured health
  946  insurance plan or plans offered to state officers and employees,
  947  retired state officers and employees, and surviving spouses of
  948  deceased state officers and employees pursuant to this section.
  949         (i)(j) “State-contracted HMO” means any health maintenance
  950  organization under contract with the department to participate
  951  in the state group insurance program.
  952         (j)(k) “State group insurance program” or “programs” means
  953  the package of insurance plans offered to state officers and
  954  employees, retired state officers and employees, and surviving
  955  spouses of deceased state officers and employees pursuant to
  956  this section, including the state group health insurance plan or
  957  plans, health maintenance organization plans, TRICARE
  958  supplemental insurance plans, and other plans required or
  959  authorized by law.
  960         (k)(l) “State officer” means any constitutional state
  961  officer, any elected state officer paid by state warrant, or any
  962  appointed state officer who is commissioned by the Governor and
  963  who is paid by state warrant.
  964         (l)(m) “Surviving spouse” means the widow or widower of a
  965  deceased state officer, full-time state employee, part-time
  966  state employee, or retiree if such widow or widower was covered
  967  as a dependent under the state group health insurance plan, a
  968  TRICARE supplemental insurance plan, or a health maintenance
  969  organization plan established pursuant to this section at the
  970  time of the death of the deceased officer, employee, or retiree.
  971  The term “Surviving spouse” also means any widow or widower who
  972  is receiving or eligible to receive a monthly state warrant from
  973  a state retirement system as the beneficiary of a state officer,
  974  full-time state employee, or retiree who died before prior to
  975  July 1, 1979. For the purposes of this section, any such widow
  976  or widower shall cease to be a surviving spouse upon his or her
  977  remarriage.
  978         (m)(n) “TRICARE supplemental insurance plan” means the
  979  Department of Defense Health Insurance Program for eligible
  980  members of the uniformed services authorized by 10 U.S.C. s.
  981  1097.
  982         (3) STATE GROUP INSURANCE PROGRAM.—
  983         (a) The Division of State Group Insurance is created within
  984  the department of Management Services.
  985         (e) The department of Management Services and the Division
  986  of State Group Insurance may not prohibit or limit any properly
  987  licensed insurer, health maintenance organization, prepaid
  988  limited health services organization, or insurance agent from
  989  competing for any insurance product or plan purchased, provided,
  990  or endorsed by the department or the division on the basis of
  991  the compensation arrangement used by the insurer or organization
  992  for its agents.
  993         (h)1.In lieu of participating in the state group health
  994  insurance program, a person eligible to participate in the state
  995  group insurance program may be authorized by department rules
  996  adopted by the department, in lieu of participating in the state
  997  group health insurance plan, to exercise an option to elect
  998  membership in a health maintenance organization plan that which
  999  is under contract with the state in accordance with criteria
 1000  established by this section and department by said rules. The
 1001  offer of optional membership in a health maintenance
 1002  organization plan permitted by this paragraph may be limited or
 1003  conditioned by rule as may be necessary to meet the requirements
 1004  of state and federal laws.
 1005         1.2. The department shall contract with health maintenance
 1006  organizations seeking to participate in the state group
 1007  insurance program through a request for proposal or other
 1008  procurement process, as developed by the department of
 1009  Management Services and determined to be appropriate.
 1010         a. The department shall establish a schedule of minimum
 1011  benefits for health maintenance organization coverage, and that
 1012  schedule must shall include: physician services; inpatient and
 1013  outpatient hospital services; emergency medical services,
 1014  including out-of-area emergency coverage; diagnostic laboratory
 1015  and diagnostic and therapeutic radiologic services; mental
 1016  health, alcohol, and chemical dependency treatment services
 1017  meeting the minimum requirements of state and federal law;
 1018  skilled nursing facilities and services; prescription drugs;
 1019  age-based and gender-based wellness benefits; and other benefits
 1020  as may be required by the department. Additional services may be
 1021  provided subject to the contract between the department and the
 1022  HMO. As used in this paragraph, the term “age-based and gender
 1023  based wellness benefits” includes aerobic exercise, education in
 1024  alcohol and substance abuse prevention, blood cholesterol
 1025  screening, health risk appraisals, blood pressure screening and
 1026  education, nutrition education, program planning, safety belt
 1027  education, smoking cessation, stress management, weight
 1028  management, and women’s health education.
 1029         b. The department may establish uniform deductibles,
 1030  copayments, coverage tiers, or coinsurance schedules for all
 1031  participating HMO plans.
 1032         c. The department may require detailed information from
 1033  each health maintenance organization participating in the
 1034  procurement process, including information pertaining to
 1035  organizational status, experience in providing prepaid health
 1036  benefits, accessibility of services, financial stability of the
 1037  plan, quality of management services, accreditation status,
 1038  quality of medical services, network access and adequacy,
 1039  performance measurement, ability to meet the department’s
 1040  reporting requirements, and the actuarial basis of the proposed
 1041  rates and other data determined by the director to be necessary
 1042  for the evaluation and selection of health maintenance
 1043  organization plans and negotiation of appropriate rates for
 1044  these plans. Upon receipt of proposals by health maintenance
 1045  organization plans and the evaluation of those proposals, the
 1046  department may enter into negotiations with all of the plans or
 1047  a subset of the plans, as the department determines appropriate.
 1048  Nothing shall preclude The department may negotiate from
 1049  negotiating regional or statewide contracts with health
 1050  maintenance organization plans if when this is cost-effective
 1051  and when the department determines that the plan offers high
 1052  value to enrollees.
 1053         d. The department may limit the number of HMOs that it
 1054  contracts with in each service area based on the nature of the
 1055  bids the department receives, the number of state employees in
 1056  the service area, or any unique geographical characteristics of
 1057  the service area. The department shall establish by rule service
 1058  areas throughout the state.
 1059         e. All persons participating in the state group insurance
 1060  program may be required to contribute towards a total state
 1061  group health premium that may vary depending upon the plan and
 1062  coverage tier selected by the enrollee and the level of state
 1063  contribution authorized by the Legislature.
 1064         2.3. The department may is authorized to negotiate and to
 1065  contract with specialty psychiatric hospitals for mental health
 1066  benefits, on a regional basis, for alcohol, drug abuse, and
 1067  mental and nervous disorders. The department may establish,
 1068  Subject to the approval of the Legislature pursuant to
 1069  subsection (5), the department may establish any such regional
 1070  plan upon completion of an actuarial study to determine the
 1071  effect any impact on plan benefits and premiums.
 1072         3.4. In addition to contracting pursuant to subparagraph 1.
 1073  2., the department may enter into contract with any HMO to
 1074  participate in the state group insurance program which:
 1075         a. Serves greater than 5,000 recipients on a prepaid basis
 1076  under the Medicaid program;
 1077         b. Does not currently meet the 25-percent non-Medicare/non
 1078  Medicaid enrollment composition requirement established by the
 1079  Department of Health excluding participants enrolled in the
 1080  state group insurance program;
 1081         c. Meets the minimum benefit package and copayments and
 1082  deductibles contained in sub-subparagraphs 1.a. 2.a. and b.;
 1083         d. Is willing to participate in the state group insurance
 1084  program at a cost of premiums that is not greater than 95
 1085  percent of the cost of HMO premiums accepted by the department
 1086  in each service area; and
 1087         e. Meets the minimum surplus requirements of s. 641.225.
 1088  
 1089  The department may is authorized to contract with HMOs that meet
 1090  the requirements of sub-subparagraphs a.-d. before prior to the
 1091  open enrollment period for state employees. The department is
 1092  not required to renew the contract with the HMOs as set forth in
 1093  this paragraph more than twice. Thereafter, the HMOs may shall
 1094  be eligible to participate in the state group insurance program
 1095  only through the request for proposal or invitation to negotiate
 1096  process described in subparagraph 1. 2.
 1097         4.5. All enrollees in a state group health insurance plan,
 1098  a TRICARE supplemental insurance plan, or any health maintenance
 1099  organization plan may change have the option of changing to any
 1100  other health plan that is offered by the state within an any
 1101  open enrollment period designated by the department. Open
 1102  enrollment shall be held at least once each calendar year.
 1103         5.6.If When a contract between a treating provider and the
 1104  state-contracted health maintenance organization is terminated
 1105  for any reason other than for cause, each party shall allow any
 1106  enrollee for whom treatment was active to continue coverage and
 1107  care when medically necessary, through completion of treatment
 1108  of a condition for which the enrollee was receiving care at the
 1109  time of the termination, until the enrollee selects another
 1110  treating provider, or until the next open enrollment period
 1111  offered, whichever is longer, but no longer than 6 months after
 1112  termination of the contract. Each party to the terminated
 1113  contract shall allow an enrollee who has initiated a course of
 1114  prenatal care, regardless of the trimester in which care was
 1115  initiated, to continue care and coverage until completion of
 1116  postpartum care. This does not prevent a provider from refusing
 1117  to continue to provide care to an enrollee who is abusive,
 1118  noncompliant, or in arrears in payments for services provided.
 1119  For care continued under this subparagraph, the program and the
 1120  provider shall continue to be bound by the terms of the
 1121  terminated contract. Changes made within 30 days before
 1122  termination of a contract are effective only if agreed to by
 1123  both parties.
 1124         6.7. Any HMO participating in the state group insurance
 1125  program shall submit health care utilization and cost data to
 1126  the department, in such form and in such manner as the
 1127  department shall require, as a condition of participating in the
 1128  program. The department shall enter into negotiations with its
 1129  contracting HMOs to determine the nature and scope of the data
 1130  submission and the final requirements, format, penalties
 1131  associated with noncompliance, and timetables for submission.
 1132  These determinations shall be adopted by rule.
 1133         (i)8. The department may establish and direct, with respect
 1134  to collective bargaining issues, a comprehensive package of
 1135  insurance benefits that may include supplemental health and life
 1136  coverage, dental care, long-term care, vision care, and other
 1137  benefits it determines necessary to enable state employees to
 1138  select from among benefit options that best suit their
 1139  individual and family needs.
 1140         1.a. Based upon a desired benefit package, the department
 1141  shall issue a request for proposal or invitation to negotiate
 1142  for health insurance providers interested in participating in
 1143  the state group insurance program, and the department shall
 1144  issue a request for proposal or invitation to negotiate for
 1145  insurance providers interested in participating in the non
 1146  health-related components of the state group insurance program.
 1147  Upon receipt of all proposals, the department may enter into
 1148  contract negotiations with insurance providers submitting bids
 1149  or negotiate a specially designed benefit package. Insurance
 1150  providers offering or providing supplemental coverage as of May
 1151  30, 1991, which qualify for pretax benefit treatment pursuant to
 1152  s. 125 of the Internal Revenue Code of 1986, with 5,500 or more
 1153  state employees currently enrolled may be included by the
 1154  department in the supplemental insurance benefit plan
 1155  established by the department without participating in a request
 1156  for proposal, submitting bids, negotiating contracts, or
 1157  negotiating a specially designed benefit package. These
 1158  contracts must shall provide state employees with the most cost
 1159  effective and comprehensive coverage available; however, no
 1160  state or agency funds may not contribute shall be contributed
 1161  toward the cost of any part of the premium of such supplemental
 1162  benefit plans. With respect to dental coverage, the division
 1163  shall include in any solicitation or contract for any state
 1164  group dental program made after July 1, 2001, a comprehensive
 1165  indemnity dental plan option that which offers enrollees a
 1166  completely unrestricted choice of dentists. If a dental plan is
 1167  endorsed, or in some manner recognized as the preferred product,
 1168  such plan shall include a comprehensive indemnity dental plan
 1169  option that which provides enrollees with a completely
 1170  unrestricted choice of dentists.
 1171         2.b. Pursuant to the applicable provisions of s. 110.161,
 1172  and s. 125 of the Internal Revenue Code of 1986, the department
 1173  shall enroll in the pretax benefit program those state employees
 1174  who voluntarily elect coverage in any of the supplemental
 1175  insurance benefit plans as provided by sub-subparagraph a.
 1176         3.c.This paragraph does not Nothing herein contained shall
 1177  be construed to prohibit insurance providers from continuing to
 1178  provide or offer supplemental benefit coverage to state
 1179  employees as provided under existing agency plans.
 1180         (j)(i) The benefits of the insurance authorized by this
 1181  section are shall not be in lieu of any benefits payable under
 1182  chapter 440, the Workers’ Compensation Law. The insurance
 1183  authorized by this section may law shall not be deemed to
 1184  constitute insurance to secure workers’ compensation benefits as
 1185  required by chapter 440.
 1186         Section 26. Section 110.12312, Florida Statutes, is amended
 1187  to read:
 1188         110.12312 Open enrollment period for retirees.—On or after
 1189  July 1, 1997, the department of Management Services shall
 1190  provide for an open enrollment period for retired state
 1191  employees who want to obtain health insurance coverage under ss.
 1192  110.123 and 110.12315. The options offered during the open
 1193  enrollment period must provide the same health insurance
 1194  coverage as the coverage provided to active employees under the
 1195  same premium payment conditions in effect for covered retirees,
 1196  including eligibility for health insurance subsidy payments
 1197  under s. 112.363. A person who separates from employment after
 1198  subsequent to May 1, 1988, but whose date of retirement occurs
 1199  on or after August 1, 1995, is eligible as of the first open
 1200  enrollment period occurring after July 1, 1997, with an
 1201  effective date of January 1, 1998, as long as the retiree’s
 1202  enrollment remains in effect.
 1203         Section 27. Section 110.12315, Florida Statutes, is amended
 1204  to read:
 1205         110.12315 Prescription drug program.—The state employees’
 1206  prescription drug program is established. This program shall be
 1207  administered by the department of Management Services, according
 1208  to the terms and conditions of the plan as established by the
 1209  relevant provisions of the annual General Appropriations Act and
 1210  implementing legislation, subject to the following conditions:
 1211         (1) The department of Management Services shall allow
 1212  prescriptions written by health care providers under the plan to
 1213  be filled by any licensed pharmacy pursuant to contractual
 1214  claims-processing provisions. Nothing in This section does not
 1215  prohibit may be construed as prohibiting a mail order
 1216  prescription drug program that is distinct from the service
 1217  provided by retail pharmacies.
 1218         (2) In providing for reimbursement of pharmacies for
 1219  prescription medicines dispensed to members of the state group
 1220  health insurance plan and their dependents under the state
 1221  employees’ prescription drug program:
 1222         (a) Retail pharmacies participating in the program must be
 1223  reimbursed at a uniform rate and subject to uniform conditions,
 1224  according to the terms and conditions of the plan.
 1225         (b) There shall be a 30-day supply limit for prescription
 1226  card purchases and 90-day supply limit for mail order or mail
 1227  order prescription drug purchases.
 1228         (c) The current pharmacy dispensing fee remains in effect.
 1229         (3) The department of Management Services shall establish
 1230  the reimbursement schedule for prescription pharmaceuticals
 1231  dispensed under the program. Reimbursement rates for a
 1232  prescription pharmaceutical must be based on the cost of the
 1233  generic equivalent drug if a generic equivalent exists, unless
 1234  the physician prescribing the pharmaceutical clearly states on
 1235  the prescription that the brand name drug is medically necessary
 1236  or that the drug product is included on the formulary of drug
 1237  products that may not be interchanged as provided in chapter
 1238  465, in which case reimbursement must be based on the cost of
 1239  the brand name drug as specified in the reimbursement schedule
 1240  adopted by the department of Management Services.
 1241         (4) The department of Management Services shall conduct a
 1242  prescription utilization review program. In order to participate
 1243  in the state employees’ prescription drug program, retail
 1244  pharmacies dispensing prescription medicines to members of the
 1245  state group health insurance plan or their covered dependents,
 1246  or to subscribers or covered dependents of a health maintenance
 1247  organization plan under the state group insurance program, shall
 1248  make their records available for this review.
 1249         (5) The department of Management Services shall implement
 1250  such additional cost-saving measures and adjustments as may be
 1251  required to balance program funding within appropriations
 1252  provided, including a trial or starter dose program and
 1253  dispensing of long-term-maintenance medication in lieu of acute
 1254  therapy medication.
 1255         (6) Participating pharmacies must use a point-of-sale
 1256  device or an online computer system to verify a participant’s
 1257  eligibility for coverage. The state is not liable for
 1258  reimbursement of a participating pharmacy for dispensing
 1259  prescription drugs to any person whose current eligibility for
 1260  coverage has not been verified by the state’s contracted
 1261  administrator or by the department of Management Services.
 1262         (7) Under the state employees’ prescription drug program
 1263  copayments must be made as follows:
 1264         (a) Effective January 1, 2006, For the State Group Health
 1265  Insurance Standard Plan:
 1266         1. For generic drug with card........................$10.
 1267         2. For preferred brand name drug with card...........$25.
 1268         3. For nonpreferred brand name drug with card........$40.
 1269         4. For generic mail order drug.......................$20.
 1270         5. For preferred brand name mail order drug..........$50.
 1271         6. For nonpreferred brand name mail order drug.......$80.
 1272         (b) Effective January 1, 2006, For the State Group Health
 1273  Insurance High Deductible Plan:
 1274         1. Retail coinsurance for generic drug with card.....30%.
 1275         2. Retail coinsurance for preferred brand name drug with
 1276  card........................................................30%.
 1277         3. Retail coinsurance for nonpreferred brand name drug with
 1278  card........................................................50%.
 1279         4. Mail order coinsurance for generic drug...........30%.
 1280         5. Mail order coinsurance for preferred brand name drug30%.
 1281         6. Mail order coinsurance for nonpreferred brand name drug50%.
 1282         (c) The department of Management Services shall create a
 1283  preferred brand name drug list to be used in the administration
 1284  of the state employees’ prescription drug program.
 1285         Section 28. Section 110.1232, Florida Statutes, is amended
 1286  to read:
 1287         110.1232 Health insurance coverage for persons retired
 1288  under state-administered retirement systems before January 1,
 1289  1976, and for spouses.—Notwithstanding any other provision
 1290  provisions of law to the contrary, the department of Management
 1291  Services shall provide health insurance coverage under the state
 1292  group insurance program for persons who retired before January
 1293  1, 1976, under any of the state-administered retirement systems
 1294  and who are not covered by social security and for the spouses
 1295  and surviving spouses of such retirees who are also not covered
 1296  by social security. Such health insurance coverage must shall
 1297  provide the same benefits as provided to other retirees who are
 1298  entitled to participate under s. 110.123. The claims experience
 1299  of this group shall be commingled with the claims experience of
 1300  other members covered under s. 110.123.
 1301         Section 29. Section 110.1234, Florida Statutes, is amended
 1302  to read:
 1303         110.1234 Health insurance for retirees under the Florida
 1304  Retirement System; Medicare supplement and fully insured
 1305  coverage.—
 1306         (1) The department of Management Services shall solicit
 1307  competitive bids from state-licensed insurance companies to
 1308  provide and administer a fully insured Medicare supplement
 1309  policy for all eligible retirees of a state or local public
 1310  employer. Such Medicare supplement policy must shall meet the
 1311  provisions of ss. 627.671-627.675. For the purpose of this
 1312  subsection, “eligible retiree” means a any public employee who
 1313  retired from a state or local public employer who is covered by
 1314  Medicare, Parts A and B. The department shall authorize one
 1315  company to offer the Medicare supplement coverage to all
 1316  eligible retirees. All premiums shall be paid by the retiree.
 1317         (2) The department of Management Services shall solicit
 1318  competitive bids from state-licensed insurance companies to
 1319  provide and administer fully insured health insurance coverage
 1320  for all public employees who retired from a state or local
 1321  public employer who are not covered by Medicare, Parts A and B.
 1322  The department may authorize one company to offer such coverage
 1323  if the proposed benefits and premiums are reasonable. If such
 1324  coverage is authorized, all premiums shall be paid for by the
 1325  retiree.
 1326         Section 30. Paragraph (a) of subsection (1) of section
 1327  110.1245, Florida Statutes, is amended to read:
 1328         110.1245 Savings sharing program; bonus payments; other
 1329  awards.—
 1330         (1)(a) The department of Management Services shall adopt
 1331  rules that prescribe procedures and promote a savings sharing
 1332  program for an individual or group of employees who propose
 1333  procedures or ideas that are adopted and that result in
 1334  eliminating or reducing state expenditures, if such proposals
 1335  are placed in effect and may be implemented under current
 1336  statutory authority.
 1337         Section 31. Section 110.125, Florida Statutes, is amended
 1338  to read:
 1339         110.125 Administrative costs.—The administrative expenses
 1340  and costs of operating the personnel program established by this
 1341  chapter shall be paid by the various state agencies of the state
 1342  government, and each such agency shall include in its budget
 1343  estimates its pro rata share of such cost as determined by the
 1344  department of Management Services. To establish an equitable
 1345  division of the costs, the amount to be paid by each agency
 1346  shall be determined in such proportion as the service rendered
 1347  to each agency bears to the total service rendered under the
 1348  provisions of this chapter. The amounts paid to the department
 1349  of Management Services which are attributable to positions
 1350  within the Senior Management Service and the Selected Exempt
 1351  Professional Service shall be used for the administration of
 1352  such services, training activities for positions within those
 1353  services, and the development and implementation of a database
 1354  of pertinent historical information on exempt positions. If
 1355  Should any state agency is become more than 90 days delinquent
 1356  in paying payment of this obligation, the department shall
 1357  certify to the Chief Financial Officer the amount due and the
 1358  Chief Financial Officer shall transfer that the amount due to
 1359  the department from any available debtor agency funds available.
 1360         Section 32. Subsection (7) of section 110.131, Florida
 1361  Statutes, is amended to read:
 1362         110.131 Other-personal-services temporary employment.—
 1363         (7) The department of Management Services shall annually
 1364  assess agencies for the regulation of other personal services on
 1365  a pro rata share basis not to exceed the an amount as provided
 1366  in the General Appropriations Act.
 1367         Section 33. Section 110.151, Florida Statutes, is amended
 1368  to read:
 1369         110.151 State officers’ and employees’ child care
 1370  services.—
 1371         (1) The department of Management Services shall approve,
 1372  administer, and coordinate child care services for state
 1373  officers’ and employees’ children or dependents. Duties shall
 1374  include, but are not be limited to, reviewing and approving
 1375  requests from state agencies for child care services; providing
 1376  technical assistance on child care program startup and
 1377  operation; and assisting other agencies in conducting needs
 1378  assessments, designing centers, and selecting service providers.
 1379  Primary emphasis for child care services shall be given to
 1380  children who are not subject to compulsory school attendance
 1381  pursuant to part II of chapter 1003, and, to the extent
 1382  possible, emphasis shall be placed on child care for children
 1383  aged 2 and under.
 1384         (2) Child care programs may be located in state-owned
 1385  office buildings, educational facilities and institutions,
 1386  custodial facilities and institutions, and, with the consent of
 1387  the President of the Senate and the Speaker of the House of
 1388  Representatives, in buildings or spaces used for legislative
 1389  activities. In addition, centers may be located in privately
 1390  owned buildings conveniently located to the place of employment
 1391  of those officers and employees to be served by the centers. If
 1392  a child care program is located in a state-owned office
 1393  building, educational facility or institution, or custodial
 1394  facility or institution, or in a privately owned building leased
 1395  by the state, a portion of the service provider’s rental fees
 1396  for child care space may be waived by the sponsoring agency in
 1397  accordance with the department rules of the Department of
 1398  Management Services. Additionally, the sponsoring state agency
 1399  may be responsible for the maintenance, utilities, and other
 1400  operating costs associated with the child care center.
 1401         (3) Except as otherwise provided in this section, the cost
 1402  of child care services shall be offset by fees charged to
 1403  employees who use the child care services. Requests for
 1404  proposals may provide for a sliding fee schedule based on, with
 1405  fees charged on the basis of the employee’s household income.
 1406         (4) The provider of proposed child care services shall be
 1407  selected by competitive contract. Requests for proposals shall
 1408  be developed with the assistance of, and subject to the approval
 1409  of, the department of Management Services. Management of the
 1410  contract with the service provider is shall be the
 1411  responsibility of the sponsoring state agency.
 1412         (5) An operator selected to provide services must comply
 1413  with all state and local standards for the licensure and
 1414  operation of child care facilities, maintain adequate liability
 1415  insurance coverage, and assume financial and legal
 1416  responsibility for the operation of the program. Neither The
 1417  operator of and nor any personnel employed by or at a child care
 1418  facility may not shall be deemed to be employees of the state.
 1419  However, the sponsoring state agency may be responsible for the
 1420  operation of the child care center if when:
 1421         (a) A second request for proposals fails to procure a
 1422  qualified service provider; or
 1423         (b) The service provider’s contract is canceled and
 1424  attempts to procure another qualified service provider are
 1425  unsuccessful;
 1426  
 1427  and plans for direct operation are approved by the department of
 1428  Management Services.
 1429         (6) In the areas where the state has an insufficient number
 1430  of employees to justify a worksite center, a state agency may
 1431  join in a consortium arrangement using utilizing available state
 1432  facilities with not-for-profit corporations or other public
 1433  employers to provide child care services to both public
 1434  employees and employees of private sector employers. The
 1435  consortium agreement must first address the unmet child care
 1436  needs of the children of the public employees whose employers
 1437  are members of the consortium, and then address the child care
 1438  needs of private sector employees.
 1439         (7) The department of Management Services may adopt any
 1440  rules necessary to administer achieve the purposes of this
 1441  section.
 1442         Section 34. Section 110.1522, Florida Statutes, is amended
 1443  to read:
 1444         110.1522 Model rule establishing family support personnel
 1445  policies.—The department of Management Services shall develop a
 1446  model rule establishing family support personnel policies for
 1447  all executive branch agencies, excluding the State University
 1448  System. The term “family support personnel policies,” for
 1449  purposes of ss. 110.1521-110.1523, means personnel policies
 1450  affecting employees’ ability to both work and devote care and
 1451  attention to their families and includes policies on flexible
 1452  hour work schedules, compressed time, job sharing, part-time
 1453  employment, maternity or paternity leave for employees with a
 1454  newborn or newly adopted child, and paid and unpaid family or
 1455  administrative leave for family responsibilities.
 1456         Section 35. Subsections (5), (6), and (7) of section
 1457  110.161, Florida Statutes, are amended to read:
 1458         110.161 State employees; pretax benefits program.—
 1459         (5) The department of Management Services shall develop
 1460  rules for the pretax benefits program, which shall specify the
 1461  benefits to be offered under the program, the continuing tax
 1462  exempt status of the program, and any other matters deemed
 1463  necessary by the department to implement this section. The rules
 1464  must be approved by a majority vote of the Administration
 1465  Commission.
 1466         (6) The department shall of Management Services is
 1467  authorized to administer the pretax benefits program established
 1468  for all employees so that employees may receive benefits that
 1469  are not includable in gross income under the Internal Revenue
 1470  Code of 1986. The pretax benefits program:
 1471         (a) Must Shall allow employee contributions to premiums for
 1472  the state group insurance program administered under s. 110.123
 1473  to be paid on a pretax basis unless an employee elects not to
 1474  participate.
 1475         (b) Must Shall allow employees to voluntarily establish
 1476  expense reimbursement plans from their salaries on a pretax
 1477  basis to pay for qualified medical and dependent care expenses,
 1478  including premiums paid by employees for qualified supplemental
 1479  insurance.
 1480         (c) May provide for the payment of such premiums through a
 1481  pretax payroll procedure. The Administration Commission and the
 1482  department of Management Services are directed to take all
 1483  actions necessary to preserve the tax-exempt status of the
 1484  program.
 1485         (7) The Legislature recognizes that a substantial amount of
 1486  the employer savings realized by the implementation of a pretax
 1487  benefits program is will be the result of diminutions in the
 1488  state’s employer contribution to the Federal Insurance
 1489  Contributions Act tax. There is hereby created The Pretax
 1490  Benefits Trust Fund is created in the department of Management
 1491  Services. Each agency in the executive, legislative, or judicial
 1492  branch of the state, including the State Board of
 1493  Administration, state universities, and other entities of state
 1494  government whose employees hold salaried positions and are paid
 1495  by state warrant or from agency funds, shall transfer to the
 1496  Pretax Benefits Trust Fund the full and complete employer FICA
 1497  contributions saved in connection with each weekly, biweekly,
 1498  semimonthly, or monthly payroll as a result of the
 1499  implementation of the pretax benefits program authorized
 1500  pursuant to this section. Such savings shall be transferred to
 1501  the Pretax Benefits Trust Fund upon transacting each payroll,
 1502  but not later than a subsequent payroll. Any moneys forfeited
 1503  pursuant to employees’ salary reduction agreements to
 1504  participate in the program must also be deposited in the Pretax
 1505  Benefits Trust Fund. Moneys in the Pretax Benefits Trust Fund
 1506  shall be used for the pretax benefits program, including its
 1507  administration by the department of Management Services or a
 1508  third-party administrator.
 1509         Section 36. Subsection (1) of section 110.171, Florida
 1510  Statutes, is amended to read:
 1511         110.171 State employee telecommuting program.—
 1512         (1) As used in this section, the term:
 1513         (a) “Agency” means any official, officer, commission,
 1514  board, authority, council, committee, or department of state
 1515  government.
 1516         (b)“Department” means the Department of Management
 1517  Services.
 1518         (b)(c) “Telecommuting” means a work arrangement whereby
 1519  selected state employees are allowed to perform the normal
 1520  duties and responsibilities of their positions, through the use
 1521  of computers or telecommunications, at home or another place
 1522  apart from the employees’ usual place of work.
 1523         Section 37. Paragraph (a) of subsection (1), paragraph (a)
 1524  of subsection (2), and subsection (4) of section 110.181,
 1525  Florida Statutes, are amended to read:
 1526         110.181 Florida State Employees’ Charitable Campaign.—
 1527         (1) CREATION AND ORGANIZATION OF CAMPAIGN.—
 1528         (a) The department of Management Services shall establish
 1529  and maintain, in coordination with the payroll system of the
 1530  Department of Financial Services, an annual Florida State
 1531  Employees’ Charitable Campaign. Except as provided in subsection
 1532  (5), this annual fundraising drive is the only authorized
 1533  charitable fundraising drive directed toward state employees
 1534  within work areas during work hours, and for which the state
 1535  provides will provide payroll deduction.
 1536         (2) SELECTION OF FISCAL AGENTS; COST.—
 1537         (a) The department of Management Services shall select
 1538  through the competitive procurement process a fiscal agent or
 1539  agents to receive, account for, and distribute charitable
 1540  contributions among participating charitable organizations.
 1541         (4) FLORIDA STATE EMPLOYEES’ CHARITABLE CAMPAIGN STEERING
 1542  COMMITTEE.—A Florida State Employees’ Charitable Campaign
 1543  steering committee shall be established with seven members
 1544  appointed by members of the administration commission, and two
 1545  members appointed by the executive director secretary of the
 1546  department from among applications submitted from other agencies
 1547  or departments. The committee, whose members shall serve
 1548  staggered terms, shall meet at the call of the executive
 1549  director secretary. Members shall serve without compensation,
 1550  but shall be entitled to receive reimbursement for travel and
 1551  per diem expenses as provided in s. 112.061.
 1552         Section 38. Subsection (1) of section 110.2035, Florida
 1553  Statutes, is amended to read:
 1554         110.2035 Classification and compensation program.—
 1555         (1) The department of Management Services shall establish
 1556  and maintain a classification and compensation program
 1557  addressing career service, selected exempt service, and senior
 1558  management service positions. Actions No action may not be taken
 1559  to fill any position until it has been classified in accordance
 1560  with the classification plan.
 1561         (a) The department shall develop occupation profiles
 1562  necessary for the establishment of new occupations or for the
 1563  revision of existing occupations and shall adopt the appropriate
 1564  occupation title and broadband level code for each occupation.
 1565  Such occupation profiles, titles, and codes are shall not
 1566  constitute rules within the meaning of s. 120.52.
 1567         (b) The department shall be responsible for conducting
 1568  periodic studies and surveys to ensure that the classification
 1569  plan is maintained on a current basis.
 1570         (c) The department may review in a postaudit capacity the
 1571  action taken by an employing agency in classifying or
 1572  reclassifying a position.
 1573         (d) The department shall effect a classification change on
 1574  any classification or reclassification action taken by an
 1575  employing agency if the action taken by the agency was not based
 1576  on the duties and responsibilities officially assigned the
 1577  position as they relate to the concepts and description
 1578  contained in the official occupation profile and the level
 1579  definition defined in the occupational group characteristics
 1580  adopted by the department.
 1581         (e) In cooperation and consultation with the employing
 1582  agencies, the department shall adopt rules necessary to
 1583  administer govern the administration of the classification plan.
 1584  Such rules shall be approved by the Administration Commission
 1585  before prior to their adoption by the department.
 1586         Section 39. Subsection (1) of section 110.2037, Florida
 1587  Statutes, is amended to read:
 1588         110.2037 Alternative benefits; tax-sheltered annual leave
 1589  and sick leave payments and special compensation payments.—
 1590         (1) The department may of Management Services has authority
 1591  to adopt tax-sheltered plans under s. 401(a) of the Internal
 1592  Revenue Code for state employees who are eligible for payment
 1593  for accumulated leave. The department, Upon adoption of the
 1594  plans, the department shall contract for a private vendor or
 1595  vendors to administer the plans. These plans are shall be
 1596  limited to state employees who are over age 55 and who are:
 1597  eligible for accumulated leave and special compensation payments
 1598  and separating from employment with 10 years of service in
 1599  accordance with the Internal Revenue Code, or who are
 1600  participating in the Deferred Retirement Option Program on or
 1601  after July 1, 2001. The plans must provide benefits in a manner
 1602  that minimizes the tax liability of the state and participants.
 1603  The plans must be funded by employer contributions of payments
 1604  for accumulated leave or special compensation payments, or both,
 1605  as specified by the department. The plans must have received all
 1606  necessary federal and state approval as required by law, must
 1607  not adversely impact the qualified status of the Florida
 1608  Retirement System defined benefit or defined contribution plans
 1609  or the pretax benefits program, and must comply with the
 1610  provisions of s. 112.65. Adoption of any plan is contingent on:
 1611  the department receiving appropriate favorable rulings from the
 1612  Internal Revenue Service; the department negotiating under the
 1613  provisions of chapter 447, where applicable; and the Chief
 1614  Financial Officer making appropriate changes to the state
 1615  payroll system. The department’s request for proposals by
 1616  vendors for such plans may require that the vendors provide
 1617  market-risk or volatility ratings from recognized rating
 1618  agencies for each of their investment products. The department
 1619  shall provide for a system of continuous quality assurance
 1620  oversight to ensure that the program objectives are achieved and
 1621  that the program is prudently managed.
 1622         Section 40. Subsections (4) and (6) of section 110.205,
 1623  Florida Statutes, as amended by chapter 2009-271, Laws of
 1624  Florida, are amended to read:
 1625         110.205 Career service; exemptions.—
 1626         (4) DEFINITION OF DEPARTMENT.—As When used in this section,
 1627  the term “department” shall mean all departments and commissions
 1628  of the executive branch, whether created by the State
 1629  Constitution or chapter 20,; the office of the Governor,; and
 1630  the Public Service Commission; however, the term “department”
 1631  means shall mean the Department of Personnel Management Services
 1632  when used in the context of the authority to establish pay bands
 1633  and benefits.
 1634         (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
 1635  DEPARTMENT OF FINANCIAL SERVICES.—In addition to those positions
 1636  exempted from this part, there is hereby exempted from the
 1637  Career Service System The chief inspector of the boiler
 1638  inspection program of the Department of Financial Services is
 1639  exempted from Career Service. The pay band of this position
 1640  shall be established by the Department of Personnel Management
 1641  Services in accordance with the classification and pay plan
 1642  established for the Selected Exempt Service.
 1643         Section 41. Subsection (2) of section 110.2135, Florida
 1644  Statutes, is amended to read:
 1645         110.2135 Preference in employment, reemployment, promotion,
 1646  and retention.—
 1647         (2) A disabled veteran employed as the result of being
 1648  placed at the top of the appropriate employment list under the
 1649  provisions of s. 295.08 or s. 295.085 shall be appointed for a
 1650  probationary period of 1 year. At the end of such period, if the
 1651  work of the veteran has been satisfactorily performed, the
 1652  veteran will acquire permanent employment status and will be
 1653  subject to the employment rules of the department of Management
 1654  Services and the veteran’s employing agency.
 1655         Section 42. Paragraph (a) of subsection (3) of section
 1656  110.227, Florida Statutes, is amended to read:
 1657         110.227 Suspensions, dismissals, reductions in pay,
 1658  demotions, layoffs, transfers, and grievances.—
 1659         (3)(a) For With regard to law enforcement or correctional
 1660  officers, firefighters, or professional health care providers,
 1661  if when a layoff becomes necessary, the such layoff shall be
 1662  conducted within the competitive area identified by the agency
 1663  head and approved by the department of Management Services. Such
 1664  competitive area shall be established taking into consideration
 1665  the similarity of work; the organizational unit, which may be by
 1666  agency, department, division, bureau, or other organizational
 1667  unit; and the commuting area for the work affected.
 1668         Section 43. Subsections (1) and (2) of section 110.403,
 1669  Florida Statutes, are amended to read:
 1670         110.403 Powers and duties of the department.—
 1671         (1) In order to implement the purposes of this part, the
 1672  department of Management Services, after approval by the
 1673  Administration Commission, shall adopt and amend rules that
 1674  provide providing for:
 1675         (a) A system for employing, promoting, or reassigning
 1676  managers that is responsive to organizational or program needs.
 1677  In no event shall The number of positions included in the Senior
 1678  Management Service may not exceed 1.0 percent of the total full
 1679  time equivalent positions in the Career Service. The department
 1680  may not approve the establishment of shall deny approval to
 1681  establish any position within the Senior Management Service
 1682  which exceeds would exceed the limitation established in this
 1683  paragraph. The department shall report that the limitation has
 1684  been reached to the Governor, the President of the Senate, and
 1685  the Speaker of the House of Representatives, as soon as
 1686  practicable after it such event occurs. Employees in the Senior
 1687  Management Service shall serve at the pleasure of the agency
 1688  head and are shall be subject to suspension, dismissal,
 1689  reduction in pay, demotion, transfer, or other personnel action
 1690  at the discretion of the agency head. Such personnel actions are
 1691  exempt from the provisions of chapter 120.
 1692         (b) A performance appraisal system that takes which shall
 1693  take into consideration individual and organizational
 1694  efficiency, productivity, and effectiveness.
 1695         (c) A classification plan and a salary and benefit plan
 1696  that provides appropriate incentives for the recruitment and
 1697  retention of outstanding management personnel and provides for
 1698  salary increases based on performance.
 1699         (d) A system of rating duties and responsibilities for
 1700  positions within the Senior Management Service and the
 1701  qualifications of candidates for those positions.
 1702         (e) A system for documenting actions taken on agency
 1703  requests for approval of position exemptions and special pay
 1704  increases.
 1705         (f) Requirements for regarding recordkeeping by agencies
 1706  with respect to senior management service positions. Such
 1707  records shall be audited periodically by the department of
 1708  Management Services to determine agency compliance with the
 1709  provisions of this part and department the rules of the
 1710  Department of Management Services.
 1711         (g) Other procedures relating to personnel administration
 1712  to carry out the purposes of this part.
 1713         (h) A program of affirmative and positive action that will
 1714  ensure full utilization of women and minorities in senior
 1715  management service positions.
 1716         (2) The powers, duties, and functions of the department
 1717  includes of Management Services shall include responsibility for
 1718  the policy administration of the Senior Management Service.
 1719         Section 44. Section 110.405, Florida Statutes, is amended
 1720  to read:
 1721         110.405 Advisory committees.—The department’s executive
 1722  director Secretary of Management Services may at any time
 1723  appoint an ad hoc or continuing advisory committee consisting of
 1724  members of the Senior Management Service or other persons
 1725  knowledgeable in the field of personnel management. Any Such
 1726  committee may not have shall consist of not more than nine
 1727  members, who shall serve at the pleasure of and meet at the call
 1728  of the director secretary, to advise and consult with the
 1729  director secretary on such matters affecting the Senior
 1730  Management Service as the director secretary requests. Members
 1731  shall serve without compensation, but are shall be entitled to
 1732  receive reimbursement for travel expenses as provided in s.
 1733  112.061. The executive director secretary may periodically hire
 1734  a consultant who has with expertise in personnel management to
 1735  advise him or her with respect to the administration of the
 1736  Senior Management Service.
 1737         Section 45. Paragraph (b) of subsection (2) and subsection
 1738  (3) of section 110.406, Florida Statutes, are amended to read:
 1739         110.406 Senior Management Service; data collection.—
 1740         (2) The data required by this section shall include:
 1741         (b) Any recommendations and proposals for legislation which
 1742  the executive director secretary may have with respect to
 1743  improving the operation and administration of the Senior
 1744  Management Service.
 1745         (3) To assist in the preparation of the data required by
 1746  this section, the executive director secretary may hire a
 1747  consultant with expertise in the field of personnel management
 1748  and may use the services of the advisory committee authorized in
 1749  s. 110.405.
 1750         Section 46. Section 110.503, Florida Statutes, is amended
 1751  to read:
 1752         110.503 Responsibilities of state departments and
 1753  agencies.—Each state department or agency using utilizing the
 1754  services of volunteers shall:
 1755         (1) Take such actions as are necessary and appropriate to
 1756  develop meaningful opportunities for volunteers involved in
 1757  state-administered programs.
 1758         (2) Comply with the uniform rules adopted by the department
 1759  of Management Services governing the recruitment, screening,
 1760  training, responsibility, use, and supervision of volunteers.
 1761         (3) Take such actions as are necessary to ensure that
 1762  volunteers understand their duties and responsibilities.
 1763         (4) Take such actions as are necessary and appropriate to
 1764  ensure a receptive climate for citizen volunteers.
 1765         (5) Provide for the recognition of volunteers who have
 1766  offered continuous and outstanding service to state-administered
 1767  programs. Each state department or agency using the services of
 1768  volunteers may is authorized to incur expenditures not to exceed
 1769  $100 each plus applicable taxes for suitable framed
 1770  certificates, plaques, or other tokens of recognition to honor,
 1771  reward, or encourage volunteers for their service.
 1772         (6) Recognize prior volunteer service as partial
 1773  fulfillment of state employment requirements for training and
 1774  experience pursuant to department rules adopted by the
 1775  Department of Management Services.
 1776         Section 47. Subsection (5) of section 110.605, Florida
 1777  Statutes, is amended to read:
 1778         110.605 Powers and duties; personnel rules, records,
 1779  reports, and performance appraisal.—
 1780         (5) The executive director secretary may periodically hire
 1781  a consultant with expertise in personnel management to advise
 1782  him or her with respect to the administration of the Selected
 1783  Exempt Service.
 1784         Section 48. Paragraph (b) of subsection (2) and subsection
 1785  (3) of section 110.606, Florida Statutes, are amended to read:
 1786         110.606 Selected Exempt Service; data collection.—
 1787         (2) The data required by this section shall include:
 1788         (b) Any recommendations and proposals for legislation which
 1789  the executive director secretary may have with respect to
 1790  improving the operation and administration of the Selected
 1791  Exempt Service.
 1792         (3) To assist in the preparation of the data required by
 1793  this section, the executive director secretary may hire a
 1794  consultant with expertise in the field of personnel management.
 1795         Section 49. Paragraph (c) of subsection (13) of section
 1796  112.0455, Florida Statutes, is amended to read:
 1797         112.0455 Drug-Free Workplace Act.—
 1798         (13) RULES.—
 1799         (c) The Department of Personnel Management Services may
 1800  adopt rules for all executive branch agencies implementing this
 1801  section.
 1802  
 1803  This section shall not be construed to eliminate the bargainable
 1804  rights as provided in the collective bargaining process where
 1805  applicable.
 1806         Section 50. Paragraph (b) of subsection (4) of section
 1807  112.05, Florida Statutes, is amended to read:
 1808         112.05 Retirement; cost-of-living adjustment; employment
 1809  after retirement.—
 1810         (4)
 1811         (b) Any person to whom the limitation in paragraph (a)
 1812  applies who violates such reemployment limitation and is
 1813  reemployed with any agency participating in the Florida
 1814  Retirement System before completing prior to completion of the
 1815  12-month limitation period must shall give timely notice of this
 1816  fact in writing to the employer and to the Division of
 1817  Retirement; and the person’s retirement benefits shall be
 1818  suspended for the balance of the 12-month limitation period. Any
 1819  person employed in violation of this subsection and any
 1820  employing agency that which knowingly employs or appoints such
 1821  person without notifying the Department of Personnel Management
 1822  Services to suspend retirement benefits is shall be jointly and
 1823  severally liable for reimbursement to the retirement trust fund
 1824  of any benefits paid during the reemployment limitation period.
 1825  To avoid liability, the such employing agency must shall have a
 1826  written statement from the retiree that he or she is not retired
 1827  from a state-administered retirement system. Any retirement
 1828  benefits received by such person while reemployed during this
 1829  limitation period must shall be repaid to the retirement trust
 1830  fund, and the retirement benefits shall remain suspended until
 1831  such repayment has been made. Any benefits suspended beyond the
 1832  reemployment limitation period shall apply toward the repayment
 1833  of benefits received in violation of the reemployment
 1834  limitation.
 1835         Section 51. Subsection (5) of section 112.08, Florida
 1836  Statutes, is amended to read:
 1837         112.08 Group insurance for public officers, employees, and
 1838  certain volunteers; physical examinations.—
 1839         (5) The Department of Personnel Management Services shall
 1840  initiate and supervise a group insurance program providing death
 1841  and disability benefits for active members of the Florida
 1842  Highway Patrol Auxiliary, with coverage beginning July 1, 1978,
 1843  and purchased from state funds appropriated for that purpose.
 1844  The department of Management Services, in cooperation with the
 1845  Office of Insurance Regulation, shall prepare specifications
 1846  necessary to implement the program, and the Department of
 1847  Management Services shall receive bids and award the contract in
 1848  accordance with general law.
 1849         Section 52. Section 112.0804, Florida Statutes, is amended
 1850  to read:
 1851         112.0804 Medicare supplement and health insurance for
 1852  retirees under the Florida Retirement System; Medicare
 1853  supplement and fully insured coverage.—
 1854         (1) The Department of Personnel Management Services shall
 1855  solicit competitive bids from state-licensed insurance companies
 1856  to provide and administer a fully insured Medicare supplement
 1857  policy for all eligible retirees of a state or local public
 1858  employer. Such Medicare supplement policy must shall meet the
 1859  provisions of ss. 627.671-627.675. For the purpose of this
 1860  subsection, the term “eligible retiree” means any public
 1861  employee who retired from a state or local public employer who
 1862  is covered by Medicare, Parts A and B. The department of
 1863  Management Services shall authorize one company to offer the
 1864  Medicare supplement coverage to all eligible retirees. All
 1865  premiums shall be paid by the retiree.
 1866         (2) The Department of Management Services shall solicit
 1867  competitive bids from state-licensed insurance companies to
 1868  provide and administer fully insured health insurance coverage
 1869  for all public employees who retired from a state or local
 1870  public employer and who are not covered by Medicare, Parts A and
 1871  B. The department of Management Services may authorize one
 1872  company to offer such coverage if the proposed benefits and
 1873  premiums are reasonable. If such coverage is authorized, all
 1874  premiums shall be paid for by the retiree.
 1875         Section 53. Subsections (1) and (2) of section 112.24,
 1876  Florida Statutes, are amended to read:
 1877         112.24 Intergovernmental interchange of public employees.
 1878  To encourage economical and effective utilization of public
 1879  employees in this state, the temporary assignment of employees
 1880  among agencies of government, both state and local, and
 1881  including school districts and public institutions of higher
 1882  education is authorized under terms and conditions set forth in
 1883  this section. State agencies, municipalities, and political
 1884  subdivisions are authorized to enter into employee interchange
 1885  agreements with other state agencies, the Federal Government,
 1886  another state, a municipality, or a political subdivision
 1887  including a school district, or with a public institution of
 1888  higher education. State agencies are also authorized to enter
 1889  into employee interchange agreements with private institutions
 1890  of higher education and other nonprofit organizations under the
 1891  terms and conditions provided in this section. In addition, the
 1892  Governor or the Governor and Cabinet may enter into employee
 1893  interchange agreements with a state agency, the Federal
 1894  Government, another state, a municipality, or a political
 1895  subdivision including a school district, or with a public
 1896  institution of higher learning to fill, subject to the
 1897  requirements of chapter 20, appointive offices which are within
 1898  the executive branch of government and which are filled by
 1899  appointment by the Governor or the Governor and Cabinet. Under
 1900  no circumstances shall employee interchange agreements be
 1901  utilized for the purpose of assigning individuals to participate
 1902  in political campaigns. Duties and responsibilities of
 1903  interchange employees shall be limited to the mission and goals
 1904  of the agencies of government.
 1905         (1) Details of an employee interchange program must shall
 1906  be the subject of an agreement, which may be extended or
 1907  modified, between a sending party and a receiving party. State
 1908  agencies shall report such agreements and any extensions or
 1909  modifications thereto to the Department of Personnel Management
 1910  Services.
 1911         (2) The period of an individual’s assignment or detail
 1912  under an employee interchange program may shall not exceed 2
 1913  years. Upon agreement of the sending party and the receiving
 1914  party and under the same or modified terms, an assignment or
 1915  detail of 2 years may be extended by 3 months. However,
 1916  agreements relating to faculty members of the State University
 1917  System may be extended biennially upon approval by the
 1918  Department of Personnel Management Services. If the appointing
 1919  agency is the Governor or the Governor and Cabinet, the period
 1920  of an individual’s assignment or detail under an employee
 1921  interchange program may shall not exceed 2 years plus an
 1922  extension of 3 months or the number of years left in the term of
 1923  office of the Governor, whichever is less.
 1924         Section 54. Paragraph (d) of subsection (4) of section
 1925  112.3173, Florida Statutes, is amended to read:
 1926         112.3173 Felonies involving breach of public trust and
 1927  other specified offenses by public officers and employees;
 1928  forfeiture of retirement benefits.—
 1929         (4) NOTICE.—
 1930         (d) The Commission on Ethics shall forward any notice and
 1931  any other document received by it pursuant to this subsection to
 1932  the governing body of the public retirement system of which the
 1933  public officer or employee is a member or from which the public
 1934  officer or employee may be entitled to receive a benefit. If
 1935  When called on by the Commission on Ethics, the Department of
 1936  Personnel Management Services shall assist the commission in
 1937  identifying the appropriate public retirement system.
 1938         Section 55. Paragraph (a) of subsection (3) of section
 1939  112.31895, Florida Statutes, is amended to read:
 1940         112.31895 Investigative procedures in response to
 1941  prohibited personnel actions.—
 1942         (3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—
 1943         (a) The Florida Commission on Human Relations, in
 1944  accordance with the Whistle-blower’s this Act and for the sole
 1945  purpose of the this act, is empowered to:
 1946         1. Receive and investigate complaints from employees
 1947  alleging retaliation by state agencies, as the term “state
 1948  agency” is defined in s. 216.011.
 1949         2. Protect employees and applicants for employment with
 1950  such agencies from prohibited personnel practices under s.
 1951  112.3187.
 1952         3. Petition for stays and petition for corrective actions,
 1953  including, but not limited to, temporary reinstatement.
 1954         4. Recommend disciplinary proceedings pursuant to
 1955  investigation and appropriate agency rules and procedures.
 1956         5. Coordinate with the Chief Inspector General in the
 1957  Executive Office of the Governor and the Florida Commission on
 1958  Human Relations to receive, review, and forward to appropriate
 1959  agencies, legislative entities, or the Department of Law
 1960  Enforcement disclosures of a violation of any law, rule, or
 1961  regulation, or disclosures of gross mismanagement, malfeasance,
 1962  misfeasance, nonfeasance, neglect of duty, or gross waste of
 1963  public funds.
 1964         6. Review rules pertaining to personnel matters issued or
 1965  proposed by the Department of Personnel Management Services, the
 1966  Public Employees Relations Commission, and other agencies, and,
 1967  if the Florida Commission on Human Relations finds that any rule
 1968  or proposed rule, on its face or as implemented, requires the
 1969  commission of a prohibited personnel practice, provide a written
 1970  comment to the appropriate agency.
 1971         7. Investigate, request assistance from other governmental
 1972  entities, and, if appropriate, bring actions concerning,
 1973  allegations of retaliation by state agencies under subparagraph
 1974  1.
 1975         8. Administer oaths, examine witnesses, take statements,
 1976  issue subpoenas, order the taking of depositions, order
 1977  responses to written interrogatories, and make appropriate
 1978  motions to limit discovery, pursuant to investigations under
 1979  subparagraph 1.
 1980         9. Intervene or otherwise participate, as a matter of
 1981  right, in any appeal or other proceeding arising under this
 1982  section before the Public Employees Relations Commission or any
 1983  other appropriate agency, except that the Florida Commission on
 1984  Human Relations must comply with the rules of the commission or
 1985  other agency and may not seek corrective action or intervene in
 1986  an appeal or other proceeding without the consent of the person
 1987  protected under ss. 112.3187-112.31895.
 1988         10. Conduct an investigation, in the absence of an
 1989  allegation, to determine whether reasonable grounds exist to
 1990  believe that a prohibited action or a pattern of prohibited
 1991  action has occurred, is occurring, or is to be taken.
 1992         Section 56. Subsection (7) of section 112.352, Florida
 1993  Statutes, is amended to read:
 1994         112.352 Definitions.—The following words and phrases as
 1995  used in this act shall have the following meaning unless a
 1996  different meaning is required by the context:
 1997         (7) “Department” means the Department of Personnel
 1998  Management Services.
 1999         Section 57. Section 112.354, Florida Statutes, is amended
 2000  to read:
 2001         112.354 Eligibility for supplement.—Each retired member or,
 2002  if applicable, a joint annuitant, except any person receiving
 2003  survivor benefits under the teachers’ retirement system of the
 2004  state in accordance with s. 238.07(18), is shall be entitled to
 2005  receive a supplement computed in accordance with s. 112.355
 2006  upon:
 2007         (1) Furnishing to the department of Management Services
 2008  evidence from the Social Security Administration of setting
 2009  forth the retired member’s social security benefit or certifying
 2010  the noninsured status of the retired member under the Social
 2011  Security Act, and
 2012         (2) Filing written application with the Department of
 2013  Management Services for such supplement with the department.
 2014         Section 58. Section 112.358, Florida Statutes, is amended
 2015  to read:
 2016         112.358 Administration of system.—The department of
 2017  Management Services shall adopt make such rules and regulations
 2018  as are necessary for the effective and efficient administration
 2019  of this part act and the cost to pay the expenses of such
 2020  administration is hereby appropriated out of the appropriate
 2021  retirement fund.
 2022         Section 59. Paragraph (g) of subsection (2) of section
 2023  112.361, Florida Statutes, is amended to read:
 2024         112.361 Additional and updated supplemental retirement
 2025  benefits.—
 2026         (2) DEFINITIONS.—As used in this section, unless a
 2027  different meaning is required by the context:
 2028         (g)“Department” means the Department of Management
 2029  Services.
 2030         Section 60. Paragraphs (a) and (b) of subsection (4) of
 2031  section 112.362, Florida Statutes, are amended to read:
 2032         112.362 Recomputation of retirement benefits.—
 2033         (4)(a) Effective July 1, 1980, any person who retired
 2034  before prior to July 1, 1987, under a state-supported retirement
 2035  system with at least not less than 10 years of creditable
 2036  service and who is not receiving or entitled to receive federal
 2037  social security benefits shall, upon reaching 65 years of age
 2038  and upon application to the department of Management Services,
 2039  be entitled to receive a minimum monthly benefit equal to $16.50
 2040  multiplied by the member’s total number of years of creditable
 2041  service and adjusted by the actuarial factor applied to the
 2042  original benefit for optional forms of retirement. Thereafter,
 2043  the minimum monthly benefit shall be recomputed as provided in
 2044  paragraph (5)(a). Application for this minimum monthly benefit
 2045  must shall include certification by the retired member that he
 2046  or she is not receiving and is not entitled to receive social
 2047  security benefits and shall include written authorization giving
 2048  for the department of Management Services to have access to
 2049  information from the Federal Social Security Administration
 2050  concerning the member’s entitlement to or eligibility for social
 2051  security benefits. The minimum benefit may provided by this
 2052  paragraph shall not be paid unless and until the application
 2053  requirements of this paragraph are satisfied.
 2054         (b) Effective July 1, 1978, the surviving spouse or
 2055  beneficiary who is receiving or entitled to receive a monthly
 2056  benefit commencing before prior to July 1, 1987, from the
 2057  account of a any deceased retired member who had completed at
 2058  least 10 years of creditable service shall, at the time the such
 2059  deceased retiree would have reached age 65, if living, and, upon
 2060  application to the department of Management Services, be
 2061  entitled to receive the minimum monthly benefit described in
 2062  paragraph (a), adjusted by the actuarial factor applied to the
 2063  optional form of benefit payable to the said surviving spouse or
 2064  beneficiary, if such provided said person is not receiving or
 2065  entitled to receive federal social security benefits.
 2066  Application for this minimum monthly benefit must shall include
 2067  certification by the surviving spouse or beneficiary that he or
 2068  she is not receiving and is not entitled to receive social
 2069  security benefits and shall include written authorization giving
 2070  for the department of Management Services to have access to
 2071  information from the Federal Social Security Administration
 2072  concerning such person’s entitlement to or eligibility for
 2073  social security benefits. The minimum benefit may provided by
 2074  this paragraph shall not be paid unless and until the
 2075  application requirements of this paragraph are satisfied.
 2076         Section 61. Paragraph (d) of subsection (2) and subsections
 2077  (4), (7), and (8) of section 112.363, Florida Statutes, are
 2078  amended to read:
 2079         112.363 Retiree health insurance subsidy.—
 2080         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
 2081         (d) Payment of the retiree health insurance subsidy shall
 2082  be made only after coverage for health insurance for the retiree
 2083  or beneficiary has been certified in writing to the department
 2084  of Management Services. Participation in a former employer’s
 2085  group health insurance program is not a requirement for
 2086  eligibility under this section. Coverage issued pursuant to s.
 2087  408.9091 is considered health insurance for the purposes of this
 2088  section.
 2089         (4) PAYMENT OF RETIREE HEALTH INSURANCE SUBSIDY.—Beginning
 2090  January 1, 1988, any monthly retiree health insurance subsidy
 2091  amount due and payable under this section shall be paid to
 2092  retired members by the department of Management Services or
 2093  under the direction and control of the department.
 2094         (7) ADMINISTRATION OF SYSTEM.—The department of Management
 2095  Services may adopt such rules and regulations as are necessary
 2096  for the effective and efficient administration of this section.
 2097  The cost of administration shall be appropriated from the trust
 2098  fund.
 2099         (8) CONTRIBUTIONS.—For purposes of funding the insurance
 2100  subsidy provided by this section:
 2101         (a) Beginning October 1, 1987, the employer of each member
 2102  of a state-administered retirement plan shall contribute 0.24
 2103  percent of gross compensation each pay period.
 2104         (b) Beginning January 1, 1989, the employer of each member
 2105  of a state-administered retirement plan shall contribute 0.48
 2106  percent of gross compensation each pay period.
 2107         (c) Beginning January 1, 1994, the employer of each member
 2108  of a state-administered retirement plan shall contribute 0.56
 2109  percent of gross compensation each pay period.
 2110         (d) Beginning January 1, 1995, the employer of each member
 2111  of a state-administered retirement plan shall contribute 0.66
 2112  percent of gross compensation each pay period.
 2113         (e) Beginning July 1, 1998, the employer of each member of
 2114  a state-administered retirement plan shall contribute 0.94
 2115  percent of gross compensation each pay period.
 2116         (f) Beginning July 1, 2001, the employer of each member of
 2117  a state-administered plan shall contribute 1.11 percent of gross
 2118  compensation each pay period.
 2119  
 2120  Such contributions shall be submitted to the department of
 2121  Management Services and deposited in the Retiree Health
 2122  Insurance Subsidy Trust Fund.
 2123         Section 62. Subsections (2) and (4) of section 112.63,
 2124  Florida Statutes, are amended to read:
 2125         112.63 Actuarial reports and statements of actuarial
 2126  impact; review.—
 2127         (2) The frequency of actuarial reports must be at least
 2128  every 3 years commencing from the last actuarial report of the
 2129  plan or system or October 1, 1980, if no actuarial report has
 2130  been issued within the 3-year period prior to October 1, 1979.
 2131  The results of each actuarial report must shall be filed with
 2132  the plan administrator within 60 days after of certification.
 2133  Thereafter, the results of each actuarial report shall be made
 2134  available for inspection upon request. Additionally, each
 2135  retirement system or plan covered by this part act which is not
 2136  administered directly by the Department of Personnel Management
 2137  Services shall furnish a copy of each actuarial report to the
 2138  department of Management Services within 60 days after receipt
 2139  from the actuary. The requirements of this section are
 2140  supplemental to actuarial valuations necessary to comply with
 2141  the requirements of s. 218.39.
 2142         (4) Upon receipt, pursuant to subsection (2), of an
 2143  actuarial report, or upon receipt, pursuant to subsection (3),
 2144  of a statement of actuarial impact, the Department of Personnel
 2145  Management Services shall acknowledge such receipt, but shall
 2146  only review and comment on each retirement system’s or plan’s
 2147  actuarial valuations at least on a triennial basis. If the
 2148  department finds that the actuarial valuation is not complete,
 2149  accurate, or based on reasonable assumptions or otherwise
 2150  materially fails to satisfy the requirements of this part;, if
 2151  the department requires additional material information
 2152  necessary to complete its review of the actuarial valuation of a
 2153  system or plan or material information necessary to satisfy the
 2154  duties of the department pursuant to s. 112.665(1);, or if the
 2155  department does not receive the actuarial report or statement of
 2156  actuarial impact, the department shall notify the administrator
 2157  of the affected retirement system or plan and the affected
 2158  governmental entity and request appropriate adjustment, the
 2159  additional material information, or the required report or
 2160  statement. The notification must inform the administrator of the
 2161  affected retirement system or plan and the affected governmental
 2162  entity of the consequences of failing for failure to comply with
 2163  the requirements of this subsection. If, after a reasonable
 2164  period of time, a satisfactory adjustment is not made or the
 2165  report, statement, or additional material information is not
 2166  provided, the department may notify the Department of Revenue
 2167  and the Department of Financial Services of such noncompliance,
 2168  in which case the Department of Revenue and the Department of
 2169  Financial Services shall withhold any funds not pledged for
 2170  satisfaction of bond debt service which are payable to the
 2171  affected governmental entity until the adjustment is made or the
 2172  report, statement, or additional material information is
 2173  provided to the department. The department shall specify the
 2174  date such action is to begin, and notification by the department
 2175  must be received by the Department of Revenue, the Department of
 2176  Financial Services, and the affected governmental entity 30 days
 2177  before the date the action begins.
 2178         (a) Within 21 days after receipt of the notice, the
 2179  affected governmental entity may petition for a hearing under
 2180  ss. 120.569 and 120.57 with the Department of Personnel
 2181  Management Services. The Department of Revenue and the
 2182  Department of Financial Services may not be parties to any such
 2183  hearing, but may request to intervene if requested by the
 2184  department of Management Services or if the Department of
 2185  Revenue or the Department of Financial Services determines its
 2186  interests may be adversely affected by the hearing. If the
 2187  administrative law judge recommends in favor of the department,
 2188  the department shall perform an actuarial review, prepare the
 2189  statement of actuarial impact, or collect the requested material
 2190  information. The cost to the department of conducting performing
 2191  such actuarial review, preparing the statement, or collecting
 2192  the requested material information shall be charged to the
 2193  affected governmental entity responsible for of which the
 2194  employees are covered by the retirement system or plan. If
 2195  payment of such costs is not received by the department within
 2196  60 days after receipt by the affected governmental entity of the
 2197  request for payment, the department shall certify to the
 2198  Department of Revenue and the Department of Financial Services
 2199  the amount due, and the Department of Revenue and the Department
 2200  of Financial Services shall pay such amount to the department of
 2201  Management Services from any funds not pledged for satisfaction
 2202  of bond debt service which are payable to the affected
 2203  governmental entity of which the employees are covered by the
 2204  retirement system or plan. If the administrative law judge
 2205  recommends in favor of the affected governmental entity and the
 2206  department conducts performs an actuarial review, prepares the
 2207  statement of actuarial impact, or collects the requested
 2208  material information, the cost to the department of performing
 2209  the actuarial review, preparing the statement, or collecting the
 2210  requested material information shall be paid by the department
 2211  of Management Services.
 2212         (b) In the case of an affected special district, the
 2213  Department of Personnel Management Services shall also notify
 2214  the Department of Community Affairs. Upon receipt of
 2215  notification, the Department of Community Affairs shall proceed
 2216  pursuant to the provisions of s. 189.421 with regard to the
 2217  special district.
 2218         Section 63. Subsection (1) of section 112.64, Florida
 2219  Statutes, is amended to read:
 2220         112.64 Administration of funds; amortization of unfunded
 2221  liability.—
 2222         (1) Employee contributions shall be deposited in the
 2223  retirement system or plan at least monthly. Employer
 2224  contributions shall be deposited at least quarterly; however,
 2225  any revenues received from any source by an employer which are
 2226  specifically collected for the purpose of allocation for deposit
 2227  into a retirement system or plan must shall be so deposited
 2228  within 30 days after of receipt by the employer. All employers
 2229  and employees participating in the Florida Retirement System and
 2230  other existing retirement systems that which are administered by
 2231  the Department of Personnel Management Services shall continue
 2232  to make contributions at least monthly.
 2233         Section 64. Section 112.658, Florida Statutes, is amended
 2234  to read:
 2235         112.658 Office of Program Policy Analysis and Government
 2236  Accountability to determine compliance of the Florida Retirement
 2237  System.—
 2238         (1) The Office of Program Policy Analysis and Government
 2239  Accountability shall:
 2240         (1) Determine, through the examination of actuarial
 2241  reviews, financial statements, and the practices and procedures
 2242  of the Department of Personnel Management Services, the
 2243  compliance of the Florida Retirement System with the provisions
 2244  of this part act.
 2245         (2) The Office of Program Policy Analysis and Government
 2246  Accountability shall Employ an independent consulting actuary
 2247  who is an enrolled actuary as defined in this part to assist in
 2248  the determination of compliance.
 2249         (3) The Office of Program Policy Analysis and Government
 2250  Accountability shall Employ the same actuarial standards to
 2251  monitor the Department of Personnel Management that Services as
 2252  the department of Management Services uses to monitor local
 2253  governments.
 2254         Section 65. Subsections (9), (16), and (17) of section
 2255  112.661, Florida Statutes, are amended to read:
 2256         112.661 Investment policies.—Investment of the assets of
 2257  any local retirement system or plan must be consistent with a
 2258  written investment policy adopted by the board. Such policies
 2259  shall be structured to maximize the financial return to the
 2260  retirement system or plan consistent with the risks incumbent in
 2261  each investment and shall be structured to establish and
 2262  maintain an appropriate diversification of the retirement system
 2263  or plan’s assets.
 2264         (9) EXPECTED ANNUAL RATE OF RETURN.—The investment policy
 2265  must shall require that, for each actuarial valuation, the board
 2266  determine the total expected annual rate of return for the
 2267  current year, for each of the next several years, and for the
 2268  long term thereafter. This determination must be filed promptly
 2269  with the Department of Personnel Management Services and with
 2270  the plan’s sponsor and the consulting actuary. The department
 2271  shall use this determination only to notify the board, the
 2272  plan’s sponsor, and consulting actuary only of material
 2273  differences between the total expected annual rate of return and
 2274  the actuarial assumed rate of return.
 2275         (16) FILING OF INVESTMENT POLICY.—Upon adoption by the
 2276  board, the investment policy shall be promptly filed with the
 2277  Department of Personnel Management Services and the plan’s
 2278  sponsor and consulting actuary. The effective date of the
 2279  investment policy, and any amendment thereto, is shall be the
 2280  31st calendar day following the filing date with the plan
 2281  sponsor.
 2282         (17) VALUATION OF ILLIQUID INVESTMENTS.—The investment
 2283  policy must shall provide for the valuation of illiquid
 2284  investments for which a generally recognized market is not
 2285  available or for which there is no consistent or generally
 2286  accepted pricing mechanism. If those investments are used
 2287  utilized, the investment policy must include the criteria set
 2288  forth in s. 215.47(6), except that submission to the Investment
 2289  Advisory Council is not required. The investment policy must
 2290  shall require that, for each actuarial valuation, the board must
 2291  verify the determination of the fair market value for those
 2292  investments and ascertain that the determination complies with
 2293  all applicable state and federal requirements. The investment
 2294  policy must shall require that the board disclose to the
 2295  Department of Personnel Management Services and the plan’s
 2296  sponsor each such investment for which the fair market value is
 2297  not provided.
 2298         Section 66. Section 112.665, Florida Statutes, is amended
 2299  to read:
 2300         112.665 Duties of Department of Personnel Management
 2301  Services.—
 2302         (1) The Department of Personnel Management Services shall:
 2303         (a) Gather, catalog, and maintain complete, computerized
 2304  data information on all public employee retirement systems or
 2305  plans in the state, based upon a review of audits, reports, and
 2306  other data pertaining to the systems or plans;
 2307         (b) Receive and comment upon all actuarial reviews of
 2308  retirement systems or plans maintained by units of local
 2309  government;
 2310         (c) Cooperate with local retirement systems or plans on
 2311  matters of mutual concern and provide technical assistance to
 2312  units of local government in the assessment and revision of
 2313  retirement systems or plans;
 2314         (d) Annually issue, by January 1 annually, a report to the
 2315  President of the Senate and the Speaker of the House of
 2316  Representatives, which report details division activities,
 2317  findings, and recommendations concerning all governmental
 2318  retirement systems. The report may include proposed legislation
 2319  proposed to carry out such recommendations;
 2320         (e) Annually issue, by January 1 annually, a report to the
 2321  Special District Information Program of the Department of
 2322  Community Affairs which that includes the participation in and
 2323  compliance of special districts with the local government
 2324  retirement system provisions in s. 112.63 and the state
 2325  administered retirement system provisions as specified in part I
 2326  of chapter 121; and
 2327         (f) Adopt reasonable rules to administer the provisions of
 2328  this part.
 2329         (2) The Department of Personnel Management may subpoena
 2330  actuarial witnesses, review books and records, hold hearings,
 2331  and take testimony. A witness shall have the right to be
 2332  accompanied by counsel.
 2333         Section 67. Subsection (1) of section 120.65, Florida
 2334  Statutes, is amended to read:
 2335         120.65 Administrative law judges.—
 2336         (1) The Division of Administrative Hearings within the
 2337  Department of Personnel Management Services shall be headed by a
 2338  director who shall be appointed by the Administration Commission
 2339  and confirmed by the Senate. The director, who shall also serve
 2340  as the chief administrative law judge, and any deputy chief
 2341  administrative law judge must possess the same minimum
 2342  qualifications as the administrative law judges employed by the
 2343  division. The Deputy Chief Judge of Compensation Claims must
 2344  possess the minimum qualifications established in s. 440.45(2)
 2345  and shall report to the director. The division shall be a
 2346  separate budget entity, and the director shall be its agency
 2347  head for all purposes. The department of Management Services
 2348  shall provide administrative support and service to the division
 2349  to the extent requested by the director. The division is shall
 2350  not be subject to control, supervision, or direction by the
 2351  department of Management Services in any manner, including, but
 2352  not limited to, personnel, purchasing, transactions involving
 2353  real or personal property, and budgetary matters.
 2354         Section 68. Subsections (4), (5), and (32) of section
 2355  121.021, Florida Statutes, are amended to read:
 2356         121.021 Definitions.—The following words and phrases as
 2357  used in this chapter have the respective meanings set forth
 2358  unless a different meaning is plainly required by the context:
 2359         (4) “Department” means the Department of Personnel
 2360  Management Services.
 2361         (5) “Administrator” means the executive director secretary
 2362  of the Department of Personnel Management Services.
 2363         (32) “State agency” means the Department of Personnel
 2364  Management Services within the provisions and contemplation of
 2365  chapter 650.
 2366         Section 69. Section 121.025, Florida Statutes, is amended
 2367  to read:
 2368         121.025 Administrator; powers and duties.—The executive
 2369  director secretary of the Department of Personnel Management is
 2370  Services shall be the administrator of the retirement and
 2371  pension systems assigned or transferred to the Department of
 2372  Personnel Management Services by law and shall have the
 2373  authority to sign all the contracts necessary to carry out the
 2374  duties and responsibilities assigned by law to the department by
 2375  law of Management Services.
 2376         Section 70. Subsections (1), (2), and (5) of section
 2377  121.031, Florida Statutes, are amended to read:
 2378         121.031 Administration of system; appropriation; oaths;
 2379  actuarial studies; public records.—
 2380         (1) The department may of Management Services has the
 2381  authority to adopt rules pursuant to ss. 120.536(1) and 120.54
 2382  to implement the provisions of law conferring duties upon the
 2383  department and to adopt rules as are necessary for the effective
 2384  and efficient administration of the retirement this system. The
 2385  funds to pay the expenses of administering for administration of
 2386  the system are hereby appropriated from the interest earned on
 2387  investments made for the Retirement System Trust Fund and the
 2388  assessments allowed under chapter 650.
 2389         (2) The department may of Management Services is authorized
 2390  to require oaths, by affidavit or otherwise, and acknowledgments
 2391  from persons in connection with administering the administration
 2392  of its duties and responsibilities under this chapter.
 2393         (5) The names and addresses of retirees are confidential
 2394  and exempt from the provisions of s. 119.07(1) such to the
 2395  extent that a no state or local governmental agency may not
 2396  provide the names or addresses of retirees such persons in
 2397  aggregate, compiled, or list form to any person except to a
 2398  public agency engaged in official business. However, a state or
 2399  local government agency may provide the names and addresses of
 2400  retirees from that agency to a bargaining agent as defined in s.
 2401  447.203(12) or to a retiree organization for official business
 2402  use. Lists of names or addresses of retirees may be exchanged by
 2403  public agencies, but such lists may shall not be provided to, or
 2404  open for inspection by, the public. Any person may view or copy
 2405  an any individual’s retirement records at the department of
 2406  Management Services, one record at a time, or may obtain
 2407  information by a separate written request for a named individual
 2408  for which information is desired.
 2409         Section 71. Paragraph (c) of subsection (1) and paragraph
 2410  (b) of subsection (2) of section 121.051, Florida Statutes, are
 2411  amended to read:
 2412         121.051 Participation in the system.—
 2413         (1) COMPULSORY PARTICIPATION.—
 2414         (c)1. After June 30, 1983, a member of an existing system
 2415  who is reemployed after terminating employment shall have at the
 2416  time of reemployment the option of selecting to remain in the
 2417  existing retirement system or to transfer to the Florida
 2418  Retirement System. Failure to submit such selection in writing
 2419  to the department of Management Services within 6 months of
 2420  reemployment shall result in compulsory membership in the
 2421  Florida Retirement System.
 2422         2. After June 30, 1988, the provisions of subparagraph 1.
 2423  shall not apply to a member of an existing retirement system who
 2424  is reemployed within 12 months after terminating employment.
 2425  Such member shall continue to have membership in the existing
 2426  system upon reemployment and may shall not be permitted to
 2427  become a member of the Florida Retirement System, except by
 2428  transferring to that system as provided in ss. 121.052 and
 2429  121.055.
 2430         (2) OPTIONAL PARTICIPATION.—
 2431         (b)1. The governing body of a any municipality,
 2432  metropolitan planning organization, or special district in the
 2433  state may elect to participate in the Florida Retirement System
 2434  upon proper application to the administrator and may cover all
 2435  or any of its units as approved by the Secretary of Health and
 2436  Human Services and the administrator. The department shall adopt
 2437  rules providing establishing provisions for the submission of
 2438  documents necessary for such application.
 2439         1. Before Prior to being approved for participation in the
 2440  Florida Retirement system, the governing body of any such
 2441  municipality, metropolitan planning organization, or special
 2442  district that has a local retirement system shall submit to the
 2443  administrator a certified financial statement to the
 2444  administrator showing the condition of the local retirement
 2445  system as of a date within 3 months before prior to the proposed
 2446  effective date of membership in the Florida Retirement System.
 2447  The statement must be certified by a recognized accounting firm
 2448  that is independent of the local retirement system. All required
 2449  documents necessary for extending Florida Retirement System
 2450  coverage must be received by the department for consideration at
 2451  least 15 days before prior to the proposed effective date of
 2452  coverage. If the municipality, metropolitan planning
 2453  organization, or special district does not comply with this
 2454  requirement, the department may change require that the
 2455  effective date of coverage be changed.
 2456         2. Any municipality city, metropolitan planning
 2457  organization, or special district that has an existing
 2458  retirement system covering the employees in the units that are
 2459  to be brought under the Florida Retirement System may
 2460  participate only after holding a referendum in which all
 2461  employees in the affected units have the right to participate.
 2462  Only those employees electing coverage under the Florida
 2463  Retirement system by affirmative vote in the said referendum are
 2464  shall be eligible for coverage under this chapter, and those not
 2465  participating or electing not to be covered by the Florida
 2466  Retirement System shall remain in their existing retirement
 2467  present systems and are shall not be eligible for coverage under
 2468  this chapter. After the referendum is held, all future employees
 2469  are shall be compulsory members of the Florida Retirement
 2470  System.
 2471         3. The governing body of a municipality any city,
 2472  metropolitan planning organization, or special district
 2473  complying with subparagraph 1. may elect to provide, or not
 2474  provide, benefits based on past service of officers and
 2475  employees as described in s. 121.081(1). However, if the such
 2476  employer elects to provide past service benefits, such benefits
 2477  must be provided for all officers and employees of its covered
 2478  group.
 2479         4. Once the this election is made and approved it may not
 2480  be revoked, except pursuant to subparagraphs 5. and 6., and all
 2481  present officers and employees electing coverage under this
 2482  chapter and all future officers and employees are shall be
 2483  compulsory members of the Florida Retirement System.
 2484         5. Subject to the conditions set forth in subparagraph 6.,
 2485  the governing body of a any hospital licensed under chapter 395
 2486  which is governed by the board of a special district as defined
 2487  in s. 189.403(1) or by the board of trustees of a public health
 2488  trust created under s. 154.07, hereinafter referred to as
 2489  “hospital district,” and which participates in the system, may
 2490  elect to cease participation in the system with regard to future
 2491  employees in accordance with the following procedure:
 2492         a. No more than 30 days and at least 7 days before adopting
 2493  a resolution to partially withdraw from the Florida Retirement
 2494  System and establish an alternative retirement plan for future
 2495  employees, a public hearing must be held on the proposed
 2496  withdrawal and proposed alternative plan.
 2497         b. From 7 to 15 days before such hearing, notice of intent
 2498  to withdraw, specifying the time and place of the hearing, must
 2499  be provided in writing to employees of the hospital district
 2500  proposing partial withdrawal and must be published in a
 2501  newspaper of general circulation in the area affected, as
 2502  provided by ss. 50.011-50.031. Proof of publication of such
 2503  notice must shall be submitted to the department of Management
 2504  Services.
 2505         c. The governing body of any hospital district seeking to
 2506  partially withdraw from the system must, before such hearing,
 2507  have an actuarial report prepared and certified by an enrolled
 2508  actuary, as defined in s. 112.625(3), illustrating the cost to
 2509  the hospital district of providing, through the retirement plan
 2510  that the hospital district is to adopt, benefits for new
 2511  employees comparable to those provided under the Florida
 2512  Retirement System.
 2513         d. Upon meeting all applicable requirements of this
 2514  subparagraph, and subject to the conditions set forth in
 2515  subparagraph 6., partial withdrawal from the system and adoption
 2516  of the alternative retirement plan may be accomplished by
 2517  resolution duly adopted by the hospital district board. The
 2518  hospital district board must provide written notice of such
 2519  withdrawal to the division by mailing a copy of the resolution
 2520  to the division, postmarked by no later than December 15, 1995.
 2521  The withdrawal shall take effect January 1, 1996.
 2522         6. Following the adoption of a resolution under sub
 2523  subparagraph 5.d., all employees of the withdrawing hospital
 2524  district who were participants in the Florida Retirement System
 2525  before prior to January 1, 1996, shall remain as participants in
 2526  the system for as long as they are employees of the hospital
 2527  district, and all rights, duties, and obligations between the
 2528  hospital district, the system, and the employees shall remain in
 2529  full force and effect. Any employee who is hired or appointed on
 2530  or after January 1, 1996, may not participate in the Florida
 2531  Retirement System, and the withdrawing hospital district has
 2532  shall have no obligation to the system with respect to such
 2533  employees.
 2534         Section 72. Subsection (2) of section 121.0511, Florida
 2535  Statutes, is amended to read:
 2536         121.0511 Revocation of election and alternative plan.—The
 2537  governing body of any municipality or independent special
 2538  district that has elected to participate in the Florida
 2539  Retirement System may revoke its election in accordance with the
 2540  following procedure:
 2541         (2) At least 7 days, but not more than 15 days, before the
 2542  hearing, notice of intent to revoke, specifying the time and
 2543  place of the hearing, must be published in a newspaper of
 2544  general circulation in the area affected, as provided by ss.
 2545  50.011-50.031. Proof of publication of the notice must be
 2546  submitted to the department of Management Services.
 2547         Section 73. Paragraph (b) of subsection (3) of section
 2548  121.0515, Florida Statutes, is amended to read:
 2549         121.0515 Special risk membership.—
 2550         (3) PROCEDURE FOR DESIGNATING.—
 2551         (b)1. Applying the criteria set forth in this section, the
 2552  department of Management Services shall determine specify which
 2553  current and newly created classes of positions under the uniform
 2554  classification plan established pursuant to chapter 110 entitle
 2555  the incumbents of positions in those classes to membership in
 2556  the Special Risk Class. Only employees employed in the classes
 2557  so specified shall be special risk members.
 2558         2.If When a class is determined not to be in the Special
 2559  Risk Class specified by the department as provided in
 2560  subparagraph 1., the employing agency may petition the State
 2561  Retirement Commission for approval in accordance with s. 121.23.
 2562         Section 74. Paragraphs (b) and (h) of subsection (1) and
 2563  paragraph (a) of subsection (6) of section 121.055, Florida
 2564  Statutes, are amended to read:
 2565         121.055 Senior Management Service Class.—There is hereby
 2566  established a separate class of membership within the Florida
 2567  Retirement System to be known as the “Senior Management Service
 2568  Class,” which shall become effective February 1, 1987.
 2569         (1)
 2570         (b)1. Except as provided in subparagraph 2., effective
 2571  January 1, 1990, participation in the Senior Management Service
 2572  Class is shall be compulsory for the president of each community
 2573  college, the manager of each participating city or county, and
 2574  all appointed district school superintendents. Effective January
 2575  1, 1994, additional positions may be included designated for
 2576  inclusion in the Senior Management Service Class. of the Florida
 2577  Retirement System, provided that:
 2578         a. The positions must to be included in the class shall be
 2579  designated by the local agency employer. Notice of intent to
 2580  designate positions for inclusion in the class must shall be
 2581  published once a week for 2 consecutive weeks in a newspaper of
 2582  general circulation published in the county or counties
 2583  affected, as provided in chapter 50.
 2584         b. Up to 10 nonelective full-time positions may be
 2585  designated for each local agency employer reporting to the
 2586  department. of Management Services; For local agencies with 100
 2587  or more regularly established positions, additional nonelective
 2588  full-time positions may be designated, not to exceed 1 percent
 2589  of the regularly established positions within the agency.
 2590         c. Each position added to the class must be a managerial or
 2591  policymaking position filled by an employee who is not subject
 2592  to continuing contract; who and serves at the pleasure of the
 2593  local agency employer without civil service protection;, and
 2594  who:
 2595         (I) heads an organizational unit; or
 2596         (II) has authority responsibility to effect or recommend
 2597  personnel, budget, expenditure, or policy decisions in his or
 2598  her areas of responsibility.
 2599         2. In lieu of participation in the Senior Management
 2600  Service Class, members of the Senior Management Service class
 2601  under pursuant to the provisions of subparagraph 1. may withdraw
 2602  from the Florida Retirement System altogether. The decision to
 2603  withdraw from the Florida Retirement System is shall be
 2604  irrevocable for as long as the employee holds the such a
 2605  position. Any service creditable under the Senior Management
 2606  Service Class shall be retained after the member withdraws from
 2607  the Florida Retirement system; however, additional service
 2608  credit in the Senior Management Service Class may shall not be
 2609  earned after such withdrawal. Such members may shall not be
 2610  eligible to participate in the Senior Management Service
 2611  Optional Annuity Program.
 2612         3. Effective January 1, 2006, through June 30, 2006, an
 2613  employee who has withdrawn from the Florida Retirement System
 2614  under subparagraph 2. has one opportunity to elect to
 2615  participate in either the defined benefit program or the defined
 2616  contribution Public Employee Optional Retirement program of the
 2617  Florida Retirement System.
 2618         a. If the employee elects to participate in the defined
 2619  contribution Public Employee Optional Retirement program,
 2620  membership is shall be prospective, and the applicable
 2621  provisions of s. 121.4501(4) shall govern the election.
 2622         b. If the employee elects to participate in the defined
 2623  benefit program of the Florida Retirement System, the employee
 2624  shall, upon payment to the system trust fund of the amount
 2625  calculated under sub-sub-subparagraph (I), receive service
 2626  credit for prior service based upon the time during which the
 2627  employee had withdrawn from the system.
 2628         (I) The cost for such credit shall be an amount
 2629  representing the actuarial accrued liability for the affected
 2630  period of service. The cost shall be calculated using the
 2631  discount rate and other relevant actuarial assumptions that were
 2632  used to value the Florida Retirement System defined benefit plan
 2633  liabilities in the most recent actuarial valuation. The
 2634  calculation must shall include any service already maintained
 2635  under the defined benefit plan in addition to the period of
 2636  withdrawal. The actuarial accrued liability attributable to any
 2637  service already maintained under the defined benefit plan is
 2638  shall be applied as a credit to the total cost resulting from
 2639  the calculation. The division shall ensure that the transfer sum
 2640  is prepared using a formula and methodology certified by an
 2641  actuary.
 2642         (II) The employee must transfer a sum representing the net
 2643  cost owed for the actuarial accrued liability in sub-sub
 2644  subparagraph (I) immediately following the time of such
 2645  movement, determined assuming that attained service equals the
 2646  sum of service in the defined benefit program and the period of
 2647  withdrawal.
 2648         (h)1. Except as provided in subparagraph 3., effective
 2649  January 1, 1994, participation in the Senior Management Service
 2650  Class is shall be compulsory for the State Courts Administrator
 2651  and the Deputy State Courts Administrators, the Clerk of the
 2652  Supreme Court, the Marshal of the Supreme Court, the Executive
 2653  Director of the Justice Administrative Commission, the capital
 2654  collateral regional counsel, the clerks of the district courts
 2655  of appeals, the marshals of the district courts of appeals, and
 2656  the trial court administrator and the Chief Deputy Court
 2657  Administrator in each judicial circuit. Effective January 1,
 2658  1994, additional positions in the offices of the state attorney
 2659  and public defender in each judicial circuit may be designated
 2660  for inclusion in the Senior Management Service class of the
 2661  Florida Retirement System, provided that:
 2662         a. The positions must to be included in the class shall be
 2663  designated by the state attorney or public defender, as
 2664  appropriate. Notice of intent to designate positions for
 2665  inclusion in the class must shall be published once a week for 2
 2666  consecutive weeks in a newspaper of general circulation
 2667  published in the county or counties affected, as provided in
 2668  chapter 50.
 2669         b. One nonelective full-time position may be designated for
 2670  each state attorney and public defender reporting to the
 2671  department of Management Services; for agencies with 200 or more
 2672  regularly established positions under the state attorney or
 2673  public defender, additional nonelective full-time positions may
 2674  be designated, not to exceed 0.5 percent of the regularly
 2675  established positions within the agency.
 2676         c. Each position added to the class must be a managerial or
 2677  policymaking position filled by an employee who serves at the
 2678  pleasure of the state attorney or public defender without civil
 2679  service protection, and who:
 2680         (I) heads an organizational unit; or
 2681         (II) has authority responsibility to effect or recommend
 2682  personnel, budget, expenditure, or policy decisions in his or
 2683  her areas of responsibility.
 2684         2. Participation in this class is shall be compulsory,
 2685  except as provided in subparagraph 3., for any judicial employee
 2686  who holds a position designated for coverage in the Senior
 2687  Management Service Class, and such participation continues shall
 2688  continue until the employee terminates employment in a covered
 2689  position. Effective January 1, 2001, participation in this class
 2690  is compulsory for assistant state attorneys, assistant statewide
 2691  prosecutors, assistant public defenders, and assistant capital
 2692  collateral regional counsel. Effective January 1, 2002,
 2693  participation in this class is compulsory for assistant
 2694  attorneys general.
 2695         3. In lieu of participation in the Senior Management
 2696  Service Class, such members, excluding assistant state
 2697  attorneys, assistant public defenders, assistant statewide
 2698  prosecutors, assistant attorneys general, and assistant capital
 2699  collateral regional counsel, may participate in the Senior
 2700  Management Service Optional Annuity Program as established in
 2701  subsection (6).
 2702         (6)(a) Senior Management Service Optional Annuity Program.
 2703  The department of Management Services shall establish a Senior
 2704  Management Service Optional Annuity Program under which
 2705  contracts providing retirement, death, and disability benefits
 2706  may be purchased for those employees who elect to participate in
 2707  the optional annuity program. The benefits to be provided for or
 2708  on behalf of participants must in such optional annuity program
 2709  shall be provided through individual contracts or individual
 2710  certificates issued for group annuity contracts, which may be
 2711  fixed, variable, or a combination thereof, in accordance with s.
 2712  401(a) of the Internal Revenue Code. Any such individual
 2713  contract or certificate must shall state the annuity plan on its
 2714  face page, and shall include, but not be limited to, a statement
 2715  of ownership, the contract benefits, annuity income options,
 2716  limitations, expense charges, and surrender charges, if any. The
 2717  employing agency shall contribute, as provided in this section,
 2718  toward the purchase of the such optional benefits which shall be
 2719  fully and immediately vested in the participants.
 2720         Section 75. Section 121.1815, Florida Statutes, is amended
 2721  to read:
 2722         121.1815 Special pensions to individuals; administration of
 2723  laws by Department of Management Services.—All powers, duties,
 2724  and functions related to the administration of laws providing
 2725  special pensions to individuals, including chapter 18054, Laws
 2726  of Florida, 1937; chapter 26788, Laws of Florida, 1951, as
 2727  amended by chapter 57-871, Laws of Florida; chapter 26836, Laws
 2728  of Florida, 1951; and chapter 63-953, Laws of Florida, are
 2729  vested in the department. All laws hereinafter enacted by the
 2730  Legislature pertaining to special pensions for individuals shall
 2731  be administered by the department, unless contrary provisions
 2732  are contained in such law. Upon the death of any person
 2733  receiving a monthly pension under this section, the monthly
 2734  pension shall be paid through the last day of the month of death
 2735  and shall terminate on that date, unless contrary provisions are
 2736  contained in the special pension law.
 2737         Section 76. Section 121.1905, Florida Statutes, is
 2738  repealed.
 2739         Section 77. Section 121.192, Florida Statutes, is amended
 2740  to read:
 2741         121.192 State retirement actuary.—The department may employ
 2742  an actuary. Such actuary shall, Together with such other duties
 2743  as the executive director secretary may assign, the actuary
 2744  shall be responsible for:
 2745         (1) Advising the executive director secretary on actuarial
 2746  matters of the state retirement systems.
 2747         (2) Making periodic valuations of the retirement systems.
 2748         (3) Providing actuarial analyses to the Legislature
 2749  concerning proposed changes in the retirement systems.
 2750         (4) Assisting the executive director secretary in
 2751  developing a sound and modern retirement system.
 2752         Section 78. Subsection (1) of section 121.22, Florida
 2753  Statutes, is amended to read:
 2754         121.22 State Retirement Commission; creation; membership;
 2755  compensation.—
 2756         (1) The There is created within the Department of
 2757  Management Services a State Retirement Commission is created
 2758  within the department, composed of five members: Two members who
 2759  are retired under a state-supported retirement system
 2760  administered by the department; two members who are active
 2761  members of a state-supported retirement system that is
 2762  administered by the department; and one member who is neither a
 2763  retiree, beneficiary, or member of a state-supported retirement
 2764  system administered by the department. Each member shall have a
 2765  different occupational background from the other members.
 2766         Section 79. Subsection (1) of section 121.23, Florida
 2767  Statutes, is amended to read:
 2768         121.23 Disability retirement and special risk membership
 2769  applications; Retirement Commission; powers and duties; judicial
 2770  review.—The provisions of this section apply to all proceedings
 2771  in which the administrator has made a written final decision on
 2772  the merits respecting applications for disability retirement,
 2773  reexamination of retired members receiving disability benefits,
 2774  applications for special risk membership, and reexamination of
 2775  special risk members in the Florida Retirement System. The
 2776  jurisdiction of the State Retirement Commission under this
 2777  section shall be limited to written final decisions of the
 2778  administrator on the merits.
 2779         (1) In accordance with the rules of procedure adopted by
 2780  the department of Management Services, the administrator shall:
 2781         (a) Give reasonable notice of his or her proposed action,
 2782  or decision to refuse action, together with a summary of the
 2783  factual, legal, and policy grounds for the action therefor.
 2784         (b) Give affected members, or their counsel, an opportunity
 2785  to present to the division written evidence in opposition to the
 2786  proposed action or refusal to act or a written statement
 2787  challenging the grounds upon which the administrator has chosen
 2788  to justify his or her action or inaction.
 2789         (c) If the objections of the member are overruled, provide
 2790  a written explanation within 21 days.
 2791         Section 80. Subsections (2), (3), and (4) of section
 2792  121.24, Florida Statutes, are amended to read:
 2793         121.24 Conduct of commission business; legal and other
 2794  assistance; compensation.—
 2795         (2) Legal counsel for the commission may be provided by the
 2796  department or the Department of Legal Affairs or by the
 2797  Department of Management Services, with the concurrence of the
 2798  commission, and shall be paid by the department of Management
 2799  Services from the appropriate funds.
 2800         (3) The department of Management Services shall provide
 2801  timely and appropriate training for newly appointed members of
 2802  the commission. Such training shall be designed to acquaint new
 2803  members of the commission with the duties and responsibilities
 2804  of the commission.
 2805         (4) The department of Management Services shall furnish
 2806  administrative and secretarial assistance to the commission and
 2807  shall provide a place where the commission may hold its
 2808  meetings.
 2809         Section 81. Subsection (1) and paragraphs (c) and (d) of
 2810  subsection (2) of section 121.35, Florida Statutes, are amended
 2811  to read:
 2812         121.35 Optional retirement program for the State University
 2813  System.—
 2814         (1) OPTIONAL RETIREMENT PROGRAM ESTABLISHED.—The department
 2815  of Management Services shall establish an optional retirement
 2816  program under which contracts providing retirement and death
 2817  benefits may be purchased for eligible members of the State
 2818  University System who elect to participate in the program. The
 2819  benefits to be provided for or on behalf of participants in such
 2820  optional retirement program shall be provided through individual
 2821  contracts or individual certificates issued for group annuity or
 2822  other contracts, which may be fixed, variable, or a combination
 2823  thereof, in accordance with s. 403(b) of the Internal Revenue
 2824  Code. An Any individual contract or certificate must shall state
 2825  the annuity plan on its face page, and shall include, but not be
 2826  limited to, a statement of ownership, the contract benefits,
 2827  annuity income options, limitations, expense charges, and
 2828  surrender charges, if any. The state shall contribute, as
 2829  provided in this section, toward the purchase of such optional
 2830  benefits.
 2831         (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.—
 2832         (c)For purposes of this section, the Department of
 2833  Management Services is referred to as the “department.”
 2834         (c)(d) For purposes of this section, the authority granted
 2835  to the Board of Governors of the State University System may be
 2836  exercised by the Board of Governors or by the Chancellor of the
 2837  State University System.
 2838         Section 82. Subsections (3) and (13) of section 121.40,
 2839  Florida Statutes, are amended to read:
 2840         121.40 Cooperative extension personnel at the Institute of
 2841  Food and Agricultural Sciences; supplemental retirement
 2842  benefits.—
 2843         (3) DEFINITIONS.—The definitions provided in s. 121.021 do
 2844  shall not apply to this program unless except when specifically
 2845  cited. For the purposes of this section, the term the following
 2846  words or phrases have the respective meanings set forth:
 2847         (a) “Institute” means the Institute of Food and
 2848  Agricultural Sciences of the University of Florida.
 2849         (b)“Department” means the Department of Management
 2850  Services.
 2851         (b)(c) “Participant” means any employee of the institute
 2852  who is eligible to receive a supplemental benefit under this
 2853  program as provided in subsection (4).
 2854         (c)(d) “Trust fund” means the Florida Retirement System
 2855  Trust Fund.
 2856         (d)(e) “Creditable service” means any service after
 2857  subsequent to December 1, 1970, with the institute as a
 2858  cooperative extension employee holding both state and federal
 2859  appointments, that is credited for retirement purposes by the
 2860  institute toward a federal Civil Service Retirement System
 2861  annuity.
 2862         (13) ADMINISTRATION OF PROGRAM.—The Department of Personnel
 2863  Management:
 2864         (a) The Department Shall adopt make such rules as are
 2865  necessary for the effective and efficient administration of this
 2866  program. The executive director secretary of the department is
 2867  shall be the administrator of the program. The funds to pay the
 2868  expenses for such administration shall be appropriated from the
 2869  interest earned on investments made for the Florida Retirement
 2870  System Trust Fund.
 2871         (b) The Department May require oaths, by affidavit or
 2872  otherwise, and acknowledgments from persons in connection with
 2873  the administration of its duties and responsibilities under this
 2874  section.
 2875         Section 83. Paragraphs (d) through (m) of subsection (2),
 2876  paragraph (b) of subsection (8), paragraph (h) of subsection
 2877  (10), and subsection (19) of section 121.4501, Florida Statutes,
 2878  is amended to read:
 2879         121.4501 Public Employee Optional Retirement Program.—
 2880         (2) DEFINITIONS.—As used in this part, the term:
 2881         (d)“Department” means the Department of Management
 2882  Services.
 2883         (d)(e) “Division” means the Division of Retirement within
 2884  the department of Management Services.
 2885         (e)(f) “Eligible employee” means an officer or employee, as
 2886  defined in s. 121.021, who:
 2887         1. Is a member of, or is eligible for membership in, the
 2888  Florida Retirement System, including any renewed member of the
 2889  Florida Retirement System initially enrolled before July 1,
 2890  2010; or
 2891         2. Participates in, or is eligible to participate in, the
 2892  Senior Management Service Optional Annuity Program as
 2893  established under s. 121.055(6), the State Community College
 2894  System Optional Retirement Program as established under s.
 2895  121.051(2)(c), or the State University System Optional
 2896  Retirement Program established under s. 121.35.
 2897  
 2898  The term does not include any member participating in the
 2899  Deferred Retirement Option Program established under s.
 2900  121.091(13), a retiree of a state-administered retirement system
 2901  initially reemployed on or after July 1, 2010, or a mandatory
 2902  participant of the State University System Optional Retirement
 2903  Program established under s. 121.35.
 2904         (f)(g) “Employer” means an employer, as defined in s.
 2905  121.021(10), of an eligible employee.
 2906         (g)(h) “Participant” means an eligible employee who is
 2907  enrolled elects to participate in the Public Employee Optional
 2908  Retirement Program and enrolls in such optional program as
 2909  provided in subsection (4) or a terminated Deferred Retirement
 2910  Option Program participant as described in subsection (21).
 2911         (h)(i) “Public Employee Optional Retirement Program,”
 2912  “optional program,” or “optional retirement program” means the
 2913  alternative defined contribution retirement program established
 2914  under this section.
 2915         (i)(j) “Retiree” means a former participant of the Florida
 2916  Retirement System Public Employee optional retirement program
 2917  who has terminated employment and has taken a distribution as
 2918  provided in s. 121.591, except for a mandatory distribution of a
 2919  de minimis account authorized by the state board.
 2920         (k)“State board” or “board” means the State Board of
 2921  Administration.
 2922         (l)“Trustees” means Trustees of the State Board of
 2923  Administration.
 2924         (j)(m) “Vested” or “vesting” means the guarantee that a
 2925  participant is eligible to receive a retirement benefit upon
 2926  completion of the required years of service under the Public
 2927  Employee Optional Retirement Program.
 2928         (8) ADMINISTRATION OF PROGRAM.—
 2929         (b)1. The state board shall select and contract with a one
 2930  third-party administrator to provide administrative services if
 2931  those services cannot be competitively and contractually
 2932  provided by the division of Retirement within the Department of
 2933  Management Services. With the approval of the state board, the
 2934  third-party administrator may subcontract with other
 2935  organizations or individuals to provide components of the
 2936  administrative services. As a cost of administration, the state
 2937  board may compensate any such contractor for its services, in
 2938  accordance with the terms of the contract, as is deemed
 2939  necessary or proper by the board. The third-party administrator
 2940  may not be an approved provider or be affiliated with an
 2941  approved provider.
 2942         2. These administrative services may include, but are not
 2943  limited to, enrollment of eligible employees, collection of
 2944  employer contributions, disbursement of such contributions to
 2945  approved providers in accordance with the allocation directions
 2946  of participants; services relating to consolidated billing;
 2947  individual and collective recordkeeping and accounting; asset
 2948  purchase, control, and safekeeping; and direct disbursement of
 2949  funds to and from the third-party administrator, the division,
 2950  the board, employers, participants, approved providers, and
 2951  beneficiaries. This section does not prevent or prohibit a
 2952  bundled provider from providing any administrative or customer
 2953  service, including accounting and administration of individual
 2954  participant benefits and contributions; individual participant
 2955  recordkeeping; asset purchase, control, and safekeeping; direct
 2956  execution of the participant’s instructions as to asset and
 2957  contribution allocation; calculation of daily net asset values;
 2958  direct access to participant account information; or periodic
 2959  reporting to participants, at least quarterly, on account
 2960  balances and transactions, if these services are authorized by
 2961  the board as part of the contract.
 2962         3. The state board shall select and contract with one or
 2963  more organizations to provide educational services. With
 2964  approval of the state board, the organizations may subcontract
 2965  with other organizations or individuals to provide components of
 2966  the educational services. As a cost of administration, the state
 2967  board may compensate any such contractor for its services in
 2968  accordance with the terms of the contract, as is deemed
 2969  necessary or proper by the board. The education organization may
 2970  not be an approved provider or be affiliated with an approved
 2971  provider.
 2972         4. Educational services shall be designed by the state
 2973  board and department to assist employers, eligible employees,
 2974  participants, and beneficiaries in order to maintain compliance
 2975  with United States Department of Labor regulations under s.
 2976  404(c) of the Employee Retirement Income Security Act of 1974
 2977  and to assist employees in their choice of a defined benefit or
 2978  defined contribution retirement program alternatives.
 2979  Educational services include, but are not limited to,
 2980  disseminating educational materials; providing retirement
 2981  planning education; explaining the differences between the
 2982  defined benefit retirement plan and the defined contribution
 2983  retirement programs plan; and offering financial planning
 2984  guidance on matters such as investment diversification,
 2985  investment risks, investment costs, and asset allocation. An
 2986  approved provider may also provide educational information,
 2987  including retirement planning and investment allocation
 2988  information concerning its products and services.
 2989         (10) EDUCATION COMPONENT.—
 2990         (h) Pursuant to paragraph (8)(a), all Florida Retirement
 2991  System employers have an obligation to regularly communicate the
 2992  existence of the two Florida Retirement System plans and the
 2993  plan choice in the natural course of administering their
 2994  personnel functions, using the educational materials supplied by
 2995  the state board and the department of Management Services.
 2996         (19) PARTICIPANT RECORDS.—Personal identifying information
 2997  of a participant in the Public Employee Optional Retirement
 2998  Program contained in Florida Retirement System records held by
 2999  the State Board of Administration or the department of
 3000  Management Services is exempt from s. 119.07(1) and s. 24(a),
 3001  Art. I of the State Constitution.
 3002         Section 84. Section 121.4503, Florida Statutes, is amended
 3003  to read:
 3004         121.4503 Florida Retirement System Contributions Clearing
 3005  Trust Fund.—
 3006         (1) The Florida Retirement System Contributions Clearing
 3007  Trust Fund is created as a clearing fund for disbursing employer
 3008  contributions to the component plans of the Florida Retirement
 3009  System and shall be administered by the department of Management
 3010  Services. Funds shall be credited to the trust fund as provided
 3011  in this chapter and shall be held in trust for the contributing
 3012  employers until such time as the assets are transferred by the
 3013  department to the Florida Retirement System Trust Fund, the
 3014  Public Employee Optional Retirement Program Trust Fund, or other
 3015  trust funds as authorized by law, to be used for the purposes of
 3016  this chapter. The trust fund is exempt from the service charges
 3017  imposed by s. 215.20.
 3018         (2) The Florida Retirement System Contributions Clearing
 3019  Trust Fund is a clearing trust fund of the department of
 3020  Management Services pursuant to s. 19(f), Art. III of the State
 3021  Constitution, and is not subject to termination.
 3022         (3) The department of Management Services may adopt rules
 3023  governing the receipt and disbursement of amounts received by
 3024  the Florida Retirement System Contributions Clearing Trust Fund
 3025  from employers contributing to the component plans of the
 3026  Florida Retirement System.
 3027         Section 85. Section 121.591, Florida Statutes, is amended
 3028  to read:
 3029         121.591 Payment of benefits payable under the Public
 3030  Employee Optional Retirement Program of the Florida Retirement
 3031  System.—Benefits may not be paid under this section unless the
 3032  member has terminated employment as provided in s.
 3033  121.021(39)(a) or is deceased and a proper application has been
 3034  filed as in the manner prescribed by the state board or the
 3035  department. The state board or department, as appropriate, may
 3036  cancel an application for retirement benefits if when the member
 3037  or beneficiary fails to timely provide the information and
 3038  documents required by this chapter and the rules of the state
 3039  board and department. In accordance with their respective
 3040  responsibilities as provided herein, the state board of
 3041  Administration and the department of Management Services shall
 3042  adopt rules establishing procedures for application for
 3043  retirement benefits and for the cancellation of such application
 3044  if when the required information or documents are not received.
 3045  The state board of Administration and the department of
 3046  Management Services, as appropriate, are authorized to cash out
 3047  a de minimis account of a participant who has been terminated
 3048  from Florida Retirement System covered employment for a minimum
 3049  of 6 calendar months. A de minimis account is an account
 3050  containing employer contributions and accumulated earnings of
 3051  not more than $5,000 made under the provisions of this chapter.
 3052  Such cash-out must either be a complete lump-sum liquidation of
 3053  the account balance, subject to the provisions of the Internal
 3054  Revenue Code, or a lump-sum direct rollover distribution paid
 3055  directly to the custodian of an eligible retirement plan, as
 3056  defined by the Internal Revenue Code, on behalf of the
 3057  participant. If any financial instrument issued for the payment
 3058  of retirement benefits under this section is not presented for
 3059  payment within 180 days after the last day of the month in which
 3060  it was originally issued, the third-party administrator or other
 3061  duly authorized agent of the state board of Administration shall
 3062  cancel the instrument and credit the amount of the instrument to
 3063  the suspense account of the Public Employee Optional Retirement
 3064  Program Trust Fund authorized under s. 121.4501(6). Any such
 3065  amounts transferred to the suspense account are payable upon a
 3066  proper application, not to include earnings thereon, as provided
 3067  in this section, within 10 years after the last day of the month
 3068  in which the instrument was originally issued, after which time
 3069  such amounts and any earnings are thereon shall be forfeited.
 3070  Any such forfeited amounts are assets of the Public Employee
 3071  Optional Retirement Program Trust Fund and are not subject to
 3072  the provisions of chapter 717.
 3073         (1) NORMAL BENEFITS.—Under the Public Employee Optional
 3074  Retirement Program:
 3075         (a) Benefits in the form of vested accumulations as
 3076  described in s. 121.4501(6) are payable under this subsection in
 3077  accordance with the following terms and conditions:
 3078         1. To the extent vested, Benefits are payable only to a
 3079  participant.
 3080         2. Benefits shall be paid by the third-party administrator
 3081  or designated approved providers in accordance with the law, the
 3082  contracts, and any applicable state board rule or policy.
 3083         3. To receive benefits, The participant must be terminated
 3084  from all employment with all Florida Retirement System
 3085  employers, as provided in s. 121.021(39).
 3086         4. Benefit payments may not be made until the participant
 3087  has been terminated for 3 calendar months, except that the state
 3088  board may authorize by rule for the distribution of up to 10
 3089  percent of the participant’s account after being terminated for
 3090  1 calendar month if the participant has reached the normal
 3091  retirement date as defined in s. 121.021 of the defined benefit
 3092  plan.
 3093         5. If a member or former member of the Florida Retirement
 3094  System receives an invalid distribution from the Public Employee
 3095  Optional Retirement Program Trust Fund, such person must repay
 3096  the full amount invalid distribution to the trust fund within 90
 3097  days after receipt of final notification by the state board or
 3098  the third-party administrator that the distribution was invalid.
 3099  If such person fails to repay the full invalid distribution
 3100  within 90 days after receipt of final notification, the person
 3101  may be deemed retired from the optional retirement program by
 3102  the state board, as provided pursuant to s. 121.4501(2)(j), and
 3103  is subject to s. 121.122. If such person is deemed retired by
 3104  the state board, any joint and several liability set out in s.
 3105  121.091(9)(d)2. is becomes null and void, and the state board,
 3106  the department, or the employing agency is not liable for gains
 3107  on payroll contributions that have not been deposited to the
 3108  person’s account in the retirement program, pending resolution
 3109  of the invalid distribution. The member or former member who has
 3110  been deemed retired or who has been determined by the board to
 3111  have taken an invalid distribution may appeal the agency
 3112  decision through the complaint process as provided under s.
 3113  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
 3114  distribution” means any distribution from an account in the
 3115  optional retirement program which is taken in violation of this
 3116  section, s. 121.091(9), or s. 121.4501.
 3117         (b) If a participant elects to receive his or her benefits
 3118  upon termination of employment as defined in s. 121.021, the
 3119  participant must submit a written application or an equivalent
 3120  form to the third-party administrator indicating his or her
 3121  preferred distribution date and selecting an authorized method
 3122  of distribution as provided in paragraph (c). The participant
 3123  may defer receipt of benefits until he or she chooses to make
 3124  such application, subject to federal requirements.
 3125         (c) Upon receipt by the third-party administrator of a
 3126  properly executed application for distribution of benefits, the
 3127  total accumulated benefit is shall be payable to the
 3128  participant, as:
 3129         1. A lump-sum distribution to the participant;
 3130         2. A lump-sum direct rollover distribution whereby all
 3131  accrued benefits, plus interest and investment earnings, are
 3132  paid from the participant’s account directly to the custodian of
 3133  an eligible retirement plan, as defined in s. 402(c)(8)(B) of
 3134  the Internal Revenue Code, on behalf of the participant; or
 3135         3. Periodic distributions, as authorized by the state
 3136  board.
 3137         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 3138  this subsection are payable in lieu of the benefits that which
 3139  would otherwise be payable under the provisions of subsection
 3140  (1). Such benefits must shall be funded entirely from employer
 3141  contributions made under s. 121.571, transferred participant
 3142  funds accumulated pursuant to paragraph (a), and interest and
 3143  earnings thereon. Pursuant thereto:
 3144         (a) Transfer of funds.—To qualify for to receive monthly
 3145  disability benefits under this subsection:
 3146         1. All moneys accumulated in the participant’s Public
 3147  Employee Optional Retirement Program accounts, including vested
 3148  and nonvested accumulations as described in s. 121.4501(6), must
 3149  shall be transferred from such individual accounts to the
 3150  division of Retirement for deposit in the disability account of
 3151  the Florida Retirement System Trust Fund. Such moneys must shall
 3152  be separately accounted for separately. Earnings must shall be
 3153  credited on an annual basis for amounts held in the disability
 3154  accounts of the Florida Retirement System Trust Fund based on
 3155  actual earnings of the Florida Retirement System trust fund.
 3156         2. If the participant has retained retirement credit he or
 3157  she had earned under the defined benefit program of the Florida
 3158  Retirement System as provided in s. 121.4501(3)(b), a sum
 3159  representing the actuarial present value of such credit within
 3160  the Florida Retirement System Trust Fund shall be reassigned by
 3161  the division of Retirement from the defined benefit program to
 3162  the disability program as implemented under this subsection and
 3163  shall be deposited in the disability account of the Florida
 3164  Retirement System Trust Fund. Such moneys must shall be
 3165  separately accounted for separately.
 3166         (b) Disability retirement; entitlement.—
 3167         1. A participant of the Public Employee Optional Retirement
 3168  Program who becomes totally and permanently disabled, as defined
 3169  in paragraph (d) s. 121.091(4)(b), after completing 8 years of
 3170  creditable service, or a participant who becomes totally and
 3171  permanently disabled in the line of duty regardless of his or
 3172  her length of service, is shall be entitled to a monthly
 3173  disability benefit as provided herein.
 3174         2. In order for service to apply toward the 8 years of
 3175  creditable service required to vest for regular disability
 3176  benefits, or toward the creditable service used in calculating a
 3177  service-based benefit as provided for under paragraph (g), the
 3178  service must be creditable service as described below:
 3179         a. The participant’s period of service under the Public
 3180  Employee Optional Retirement Program is will be considered
 3181  creditable service, except as provided in subparagraph d.
 3182         b. If the participant has elected to retain credit for his
 3183  or her service under the defined benefit program of the Florida
 3184  Retirement System as provided under s. 121.4501(3)(b), all such
 3185  service is will be considered creditable service.
 3186         c. If the participant elects has elected to transfer to his
 3187  or her participant accounts a sum representing the present value
 3188  of his or her retirement credit under the defined benefit
 3189  program as provided under s. 121.4501(3)(c), the period of
 3190  service under the defined benefit program represented in the
 3191  present value amounts transferred is will be considered
 3192  creditable service for purposes of vesting for disability
 3193  benefits, except as provided in subparagraph d.
 3194         d. Whenever a participant has terminated employment and has
 3195  taken distribution of his or her funds as provided in subsection
 3196  (1), all creditable service represented by such distributed
 3197  funds is forfeited for purposes of this subsection.
 3198         (c) Disability retirement effective date.—The effective
 3199  retirement date for a participant who applies and is approved
 3200  for disability retirement shall be established as provided under
 3201  s. 121.091(4)(a)2. and 3.
 3202         (d) Total and permanent disability.—A participant shall be
 3203  considered totally and permanently disabled if, in the opinion
 3204  of the division, he or she is prevented, by reason of a
 3205  medically determinable physical or mental impairment, from
 3206  rendering useful and efficient service as an officer or
 3207  employee.
 3208         (e) Proof of disability.The division, Before approving
 3209  payment of any disability retirement benefit, the division shall
 3210  require proof that the participant is totally and permanently
 3211  disabled in the same manner as provided for members of the
 3212  defined benefit program of the Florida Retirement System under
 3213  s. 121.091(4)(c).
 3214         (f) Disability retirement benefit.—Upon the disability
 3215  retirement of a participant under this subsection, the
 3216  participant shall receive a monthly benefit that begins accruing
 3217  shall begin to accrue on the first day of the month of
 3218  disability retirement, as approved by the division, and is shall
 3219  be payable on the last day of that month and each month
 3220  thereafter during his or her lifetime and continued disability.
 3221  All disability benefits must payable to such member shall be
 3222  paid out of the disability account of the Florida Retirement
 3223  System Trust Fund established under this subsection.
 3224         (g) Computation of disability retirement benefit.—The
 3225  amount of each monthly payment must shall be calculated in the
 3226  same manner as provided for members of the defined benefit
 3227  program of the Florida Retirement System under s. 121.091(4)(f).
 3228  For such purpose, Creditable service under both the defined
 3229  benefit program and the Public Employee Optional Retirement
 3230  Program of the Florida Retirement System shall be applicable as
 3231  provided under paragraph (b).
 3232         (h) Reapplication.—A participant whose initial application
 3233  for disability retirement is has been denied may reapply for
 3234  disability benefits in the same manner, and under the same
 3235  conditions, as provided for members of the defined benefit
 3236  program of the Florida Retirement System under s. 121.091(4)(g).
 3237         (i) Membership.—Upon approval of a participant’s an
 3238  application for disability benefits under this subsection, the
 3239  applicant shall be transferred to the defined benefit program of
 3240  the Florida Retirement System, effective upon his or her
 3241  disability retirement effective date.
 3242         (j) Option to cancel.A Any participant whose application
 3243  for disability benefits is approved may cancel the his or her
 3244  application if for disability benefits, provided that the
 3245  cancellation request is received by the division before a
 3246  disability retirement warrant has been deposited, cashed, or
 3247  received by direct deposit. Upon such cancellation:
 3248         1. The participant’s transfer to the defined benefit
 3249  program under paragraph (i) shall be nullified;
 3250         2. The participant shall be retroactively reinstated in the
 3251  Public Employee Optional Retirement Program without hiatus;
 3252         3. All funds transferred to the Florida Retirement System
 3253  Trust Fund under paragraph (a) must shall be returned to the
 3254  participant accounts from which the such funds were drawn; and
 3255         4. The participant may elect to receive the benefit payable
 3256  under the provisions of subsection (1) in lieu of disability
 3257  benefits as provided under this subsection.
 3258         (k) Recovery from disability.—
 3259         1. The division may require periodic reexaminations at the
 3260  expense of the disability program account of the Florida
 3261  Retirement System Trust Fund. Except as otherwise provided in
 3262  subparagraph 2., the requirements, procedures, and restrictions
 3263  relating to the conduct and review of such reexaminations,
 3264  discontinuation or termination of benefits, reentry into
 3265  employment, disability retirement after reentry into covered
 3266  employment, and all other matters relating to recovery from
 3267  disability shall be the same as are set forth under s.
 3268  121.091(4)(h).
 3269         2. Upon recovery from disability, the any recipient of
 3270  disability retirement benefits under this subsection shall be
 3271  transferred back and be a compulsory member of the Public
 3272  Employee Optional Retirement Program of the Florida Retirement
 3273  System. The net difference between the recipient’s original
 3274  account balance transferred to the Florida Retirement System
 3275  Trust Fund, including earnings, under paragraph (a) and total
 3276  disability benefits paid to such recipient, if any, shall be
 3277  determined as provided in sub-subparagraph a.
 3278         a. An amount equal to the total benefits paid shall be
 3279  subtracted from that portion of the transferred account balance
 3280  consisting of vested accumulations as described under s.
 3281  121.4501(6), if any, and an amount equal to the remainder of
 3282  benefit amounts paid, if any, shall then be subtracted from any
 3283  remaining portion consisting of nonvested accumulations as
 3284  described under s. 121.4501(6).
 3285         b. Amounts subtracted under sub-subparagraph a. must shall
 3286  be retained within the disability account of the Florida
 3287  Retirement System Trust Fund. Any remaining account balance
 3288  shall be transferred to the third-party administrator for
 3289  disposition as provided under sub-subparagraph c. or sub
 3290  subparagraph d., as appropriate.
 3291         c. If the recipient returns to covered employment,
 3292  transferred amounts must shall be deposited in individual
 3293  accounts under the Public Employee Optional Retirement Program,
 3294  as directed by the participant. Vested and nonvested amounts
 3295  shall be separately accounted for as provided in s. 121.4501(6).
 3296         d. If the recipient fails to return to covered employment
 3297  upon recovery from disability:
 3298         (I) Any remaining vested amount must shall be deposited in
 3299  individual accounts under the Public Employee Optional
 3300  Retirement Program, as directed by the participant, and shall be
 3301  payable as provided in subsection (1).
 3302         (II) Any remaining nonvested amount must shall be held in a
 3303  suspense account and is shall be forfeitable after 5 years as
 3304  provided in s. 121.4501(6).
 3305         3. If present value was reassigned from the defined benefit
 3306  program to the disability program of the Florida Retirement
 3307  System as provided under subparagraph (a)2., the full present
 3308  value amount must shall be returned to the defined benefit
 3309  account within the Florida Retirement System Trust Fund and the
 3310  recipient’s affected individual’s associated retirement credit
 3311  under the defined benefit program must shall be reinstated in
 3312  full. Any benefit based upon such credit shall be calculated as
 3313  provided in s. 121.091(4)(h)1.
 3314         (l) Nonadmissible causes of disability.—A participant shall
 3315  not be entitled to receive a disability retirement benefit if
 3316  the disability results from any injury or disease sustained or
 3317  inflicted as described in s. 121.091(4)(i).
 3318         (m) Disability retirement of justice or judge by order of
 3319  Supreme Court.—
 3320         1. If a participant is a justice of the Supreme Court,
 3321  judge of a district court of appeal, circuit judge, or judge of
 3322  a county court who has served for 6 years or more as an elected
 3323  constitutional judicial officer, including service as a judicial
 3324  officer in any court abolished pursuant to Art. V of the State
 3325  Constitution, and who is retired for disability by order of the
 3326  Supreme Court upon recommendation of the Judicial Qualifications
 3327  Commission pursuant to s. 12, the provisions of Art. V of the
 3328  State Constitution, the participant’s Option 1 monthly
 3329  disability benefit amount as provided in s. 121.091(6)(a)1.
 3330  shall be two-thirds of his or her monthly compensation as of the
 3331  participant’s disability retirement date. The Such a participant
 3332  may alternatively elect to receive an actuarially adjusted
 3333  disability retirement benefit under any other option as provided
 3334  in s. 121.091(6)(a), or to receive the normal benefit payable
 3335  under the Public Employee Optional Retirement Program as set
 3336  forth in subsection (1).
 3337         2. If any justice or judge who is a participant of the
 3338  Public Employee Optional Retirement Program of the Florida
 3339  Retirement System is retired for disability by order of the
 3340  Supreme Court upon recommendation of the Judicial Qualifications
 3341  Commission pursuant to s. 12, the provisions of Art. V of the
 3342  State Constitution and elects to receive a monthly disability
 3343  benefit under the provisions of this paragraph:
 3344         a. Any present value amount that was transferred to his or
 3345  her program account and all employer contributions made to such
 3346  account on his or her behalf, plus interest and earnings
 3347  thereon, must shall be transferred to and deposited in the
 3348  disability account of the Florida Retirement System Trust Fund;
 3349  and
 3350         b. The monthly benefits payable under this paragraph for
 3351  any affected justice or judge retired from the Florida
 3352  Retirement System pursuant to Art. V of the State Constitution
 3353  shall be paid from the disability account of the Florida
 3354  Retirement System Trust Fund.
 3355         (n) Death of retiree or beneficiary.—Upon the death of a
 3356  disabled retiree or beneficiary of the retiree thereof who is
 3357  receiving monthly disability benefits under this subsection, the
 3358  monthly benefits shall be paid through the last day of the month
 3359  of death and shall terminate, or be adjusted, if applicable, as
 3360  of that date in accordance with the optional form of benefit
 3361  selected at the time of retirement. The department of Management
 3362  Services may adopt rules necessary to administer this paragraph.
 3363         (3) DEATH BENEFITS.—Under the Public Employee Optional
 3364  Retirement Program:
 3365         (a) Survivor benefits are shall be payable in accordance
 3366  with the following terms and conditions:
 3367         1. To the extent vested, Benefits shall be payable only to
 3368  a participant’s beneficiary or beneficiaries as designated by
 3369  the participant as provided in s. 121.4501(20).
 3370         2. Benefits must shall be paid by the third-party
 3371  administrator or designated approved providers in accordance
 3372  with the law, the contracts, and any applicable board rule or
 3373  policy.
 3374         3. To receive benefits under this subsection, The
 3375  participant must be deceased.
 3376         (b) In the event of a participant’s death, all vested
 3377  accumulations as described in s. 121.4501(6), less withholding
 3378  taxes remitted to the Internal Revenue Service, shall be
 3379  distributed, as provided in paragraph (c) or as described in s.
 3380  121.4501(20), as if the participant retired on the date of
 3381  death. No other death benefits are shall be available for
 3382  survivors of participants under the Public Employee Optional
 3383  Retirement Program, except for such benefits, or coverage for
 3384  such benefits, as are otherwise provided by law or are
 3385  separately provided afforded by the employer, at the employer’s
 3386  discretion.
 3387         (c) Upon receipt by the third-party administrator of a
 3388  properly executed application for distribution of benefits, the
 3389  total accumulated benefit is shall be payable by the third-party
 3390  administrator to the participant’s surviving beneficiary or
 3391  beneficiaries, as:
 3392         1. A lump-sum distribution payable to the beneficiary or
 3393  beneficiaries, or to the deceased participant’s estate;
 3394         2. An eligible rollover distribution on behalf of the
 3395  surviving spouse of a deceased participant, whereby all accrued
 3396  benefits, plus interest and investment earnings, are paid from
 3397  the deceased participant’s account directly to the custodian of
 3398  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 3399  the Internal Revenue Code, on behalf of the surviving spouse; or
 3400         3. A partial lump-sum payment whereby a portion of the
 3401  accrued benefit is paid to the deceased participant’s surviving
 3402  spouse or other designated beneficiaries, less withholding taxes
 3403  remitted to the Internal Revenue Service, and the remaining
 3404  amount is transferred directly to the custodian of an eligible
 3405  retirement plan, as described in s. 402(c)(8)(B) of the Internal
 3406  Revenue Code, on behalf of the surviving spouse. The proportions
 3407  must be specified by the participant or the surviving
 3408  beneficiary.
 3409  
 3410  This paragraph does not abrogate other applicable provisions of
 3411  state or federal law providing for payment of death benefits.
 3412         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 3413  any person under the Public Employee Optional Retirement
 3414  Program, and any contributions accumulated under such program,
 3415  are not subject to assignment, execution, attachment, or any
 3416  legal process, except for qualified domestic relations orders by
 3417  a court of competent jurisdiction, income deduction orders as
 3418  provided in s. 61.1301, and federal income tax levies.
 3419         Section 86. Section 121.5911, Florida Statutes, is amended
 3420  to read:
 3421         121.5911 Disability retirement program; qualified status;
 3422  rulemaking authority.—It is the intent of the Legislature that
 3423  the disability retirement program for participants of the Public
 3424  Employee Optional Retirement Program as created in this act must
 3425  meet all applicable requirements of federal law for a qualified
 3426  plan. The department of Management Services shall seek a private
 3427  letter ruling from the Internal Revenue Service on the
 3428  disability retirement program for participants of the Public
 3429  Employee Optional Retirement Program. Consistent with the
 3430  private letter ruling, the department of Management Services
 3431  shall adopt any necessary rules necessary required to maintain
 3432  the qualified status of the disability retirement program and
 3433  the Florida Retirement System defined benefit program plan.
 3434         Section 87. Paragraph (b) of subsection (3) of section
 3435  121.78, Florida Statutes, is amended to read:
 3436         121.78 Payment and distribution of contributions.—
 3437         (3)
 3438         (b) If contributions made by an employer on behalf of
 3439  participants of the optional retirement program or accompanying
 3440  payroll data are not received within the calendar month they are
 3441  due, including, but not limited to, contribution adjustments as
 3442  a result of employer errors or corrections, and if that
 3443  delinquency results in market losses to participants, the
 3444  employer shall reimburse each participant’s account for market
 3445  losses resulting from the late contributions. If a participant
 3446  has terminated employment and taken a distribution, the
 3447  participant is responsible for returning any excess
 3448  contributions erroneously provided by employers, adjusted for
 3449  any investment gain or loss incurred during the period such
 3450  excess contributions were in the participant’s Public Employee
 3451  Optional Retirement Program account. The state board of
 3452  Administration or its designated agent shall communicate to
 3453  terminated participants any obligation to repay such excess
 3454  contribution amounts. However, the state board of
 3455  Administration, its designated agents, the Public Employee
 3456  Optional Retirement Program Trust Fund, the department of
 3457  Management Services, or the Florida Retirement System Trust Fund
 3458  may shall not incur any loss or gain as a result of an
 3459  employer’s correction of such excess contributions. The third
 3460  party administrator, hired by the state board pursuant to s.
 3461  121.4501(8), shall calculate the market losses for each affected
 3462  participant. If When contributions made on behalf of
 3463  participants of the optional retirement program or accompanying
 3464  payroll data are not received within the calendar month due, the
 3465  employer shall also pay the cost of the third-party
 3466  administrator’s calculation and reconciliation adjustments
 3467  resulting from the late contributions. The third-party
 3468  administrator shall notify the employer of the results of the
 3469  calculations and the total amount due from the employer for such
 3470  losses and the costs of calculation and reconciliation. The
 3471  employer shall remit to the division the amount due within 10
 3472  working days after the date of the penalty notice sent by the
 3473  division. The Division of Retirement shall transfer said amount
 3474  to the third-party administrator, which who shall deposit
 3475  proceeds from the 1-percent assessment and from individual
 3476  market losses into participant accounts, as appropriate. The
 3477  state board may is authorized to adopt rules to administer
 3478  implement the provisions regarding late contributions, late
 3479  submission of payroll data, the process for reimbursing
 3480  participant accounts for resultant market losses, and the
 3481  penalties charged to the employers.
 3482         Section 88. Subsection (6) of section 122.02, Florida
 3483  Statutes, is amended to read:
 3484         122.02 Definitions.—The following words and phrases as used
 3485  in this chapter shall have the following meaning unless a
 3486  different meaning is plainly required by the context:
 3487         (6) “Department” means the Department of Personnel
 3488  Management Services.
 3489         Section 89. Section 122.09, Florida Statutes, is amended to
 3490  read:
 3491         122.09 Disability retirement; medical examinations.—An
 3492  Whenever any officer or employee of the state or a county who
 3493  has 10 years of the state has service credit as such officer or
 3494  employee for 10 years within the contemplation of this law, the
 3495  last 5 years of which, except for a single break not to exceed 1
 3496  year, is must be continuous, unbroken service and who is
 3497  regularly contributing to the State and County Officers and
 3498  Employees’ Retirement Trust Fund and who, shall while holding
 3499  such office or employment, becomes become permanently and
 3500  totally disabled, physically or mentally, or both, from
 3501  rendering useful and efficient service as an such officer or
 3502  employee, such officer or employee may retire from his or her
 3503  office or employment, and upon such retirement the officer or
 3504  employee shall be paid, so long as the permanent and total
 3505  disability continues, on his or her own monthly requisition,
 3506  from the State and County Officers and Employees’ Retirement
 3507  Trust Fund hereinafter established, retirement compensation as
 3508  provided in s. 122.08; provided that no officer or employee
 3509  retiring under this section shall receive less than 50 percent
 3510  of his or her average final compensation not to exceed $75. The
 3511  No officer or employee may not of the state and county of the
 3512  state shall be permitted to retire under the provisions of this
 3513  section until examined by a duly qualified physician or surgeon
 3514  or board of physicians and surgeons, to be selected by the
 3515  Governor for that purpose, and found to be disabled in the
 3516  degree and in the manner specified in this section. An Any
 3517  officer or employee retiring under this section must shall be
 3518  reexamined examined periodically by a duly qualified physician
 3519  or surgeon or board of physicians and surgeons to be selected by
 3520  the Governor for that purpose and paid from the retirement trust
 3521  fund herein provided for, at such time as the department directs
 3522  of Management Services shall direct to determine if such total
 3523  disability has continued. If the and in the event it be
 3524  disclosed by said examination that said total disability has
 3525  ceased to exist, the then such officer or employee shall
 3526  forthwith cease to be paid benefits paid under this section must
 3527  cease. Benefits shall be computed in accordance with Reference
 3528  to s. 122.08 is for the purpose of computing benefits only. Any
 3529  person heretofore retired under this section qualifies shall be
 3530  eligible to qualify for the minimum benefits provided herein;
 3531  however, minimum benefits may shall not be paid retroactively.
 3532         Section 90. Section 122.23, Florida Statutes, is amended to
 3533  read:
 3534         122.23 Definitions; ss. 122.21-122.321.—In addition to
 3535  those definitions set forth in s. 122.02 the following words and
 3536  phrases used in ss. 122.21-122.24, 122.26 to 122.321, inclusive,
 3537  have the respective meanings set forth:
 3538         (1) “System” means the general retirement system provided
 3539  by this chapter, with its two divisions.
 3540         (2) “Social security coverage” means old age and survivors
 3541  insurance as provided by the federal Social Security Act.
 3542         (3)“Department” means the Department of Management
 3543  Services.
 3544         (3)(4) “Agreement” means the modification of the that
 3545  certain agreement entered into October 23, 1951, between the
 3546  State of Florida and the Secretary of Health, Education and
 3547  Welfare, pursuant to s. 650.03, which makes available to members
 3548  of division B of this system the provisions of said agreement.
 3549         (4)(5) “State agency” means the department of Management
 3550  Services within the provisions and contemplation of chapter 650.
 3551         Section 91. Subsection (11) of section 122.34, Florida
 3552  Statutes, is amended to read:
 3553         122.34 Special provisions for certain sheriffs and full
 3554  time deputy sheriffs.—
 3555         (11) A No high hazard member may not shall be permitted to
 3556  receive benefits under this section until examined by a duly
 3557  qualified physician or surgeon, or board of physicians and
 3558  surgeons, to be selected by the Governor for that purpose, and
 3559  found to be disabled in the degree and in the manner specified
 3560  in this section. At such time As directed by the department of
 3561  Management Services directs, a any high hazard member receiving
 3562  disability benefits under this section must shall submit to a
 3563  medical examination to determine if such disability has
 3564  continued., and The cost of such examination shall be paid from
 3565  the retirement trust fund herein provided for; and if the in the
 3566  event it is declared by said examination that said disability
 3567  has cleared, the such member shall be ordered to return to
 3568  active duty with the same rank and salary that he or she had at
 3569  the time of disability. Any such member who fails shall fail to
 3570  return to duty forfeits following such order shall forfeit all
 3571  rights and claims under this section law. A Every high hazard
 3572  member retiring under this provision shall be paid so long as
 3573  the member’s permanent total or partial disability continues, on
 3574  his or her own requisition.
 3575         Section 92. Paragraph (a) of subsection (1) and subsection
 3576  (2) of section 145.19, Florida Statutes, are amended to read:
 3577         145.19 Annual percentage increases based on increase for
 3578  state career service employees; limitation.—
 3579         (1) As used in this section, the term:
 3580         (a) “Annual factor” means 1 plus the lesser of:
 3581         1. The average percentage increase in the salaries of state
 3582  career service employees for the current fiscal year as
 3583  determined by the Department of Personnel Management Services or
 3584  as provided in the General Appropriations Act; or
 3585         2. Seven percent.
 3586         (2) Each fiscal year, the salaries of all officials listed
 3587  in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
 3588  The adjusted salary rate is shall be the product, rounded to the
 3589  nearest dollar, of the salary rate granted by the appropriate
 3590  section of this chapter, s. 1001.395, or s. 1001.47 multiplied
 3591  first by the initial factor, then by the cumulative annual
 3592  factor, and finally by the annual factor. The Department of
 3593  Personnel Management Services shall certify the annual factor
 3594  and the cumulative annual factors. Any special qualification
 3595  salary received under this chapter, s. 1001.47, or the annual
 3596  performance salary incentive available to elected
 3597  superintendents under s. 1001.47 shall be added to such adjusted
 3598  salary rate. The special qualification salary is shall be
 3599  $2,000, but shall not exceed $2,000.
 3600         Section 93. Subsection (2) of section 154.04, Florida
 3601  Statutes, is amended to read:
 3602         154.04 Personnel of county health departments; duties;
 3603  compensation.—
 3604         (2) The personnel of the county health department shall be
 3605  employed by the Department of Health. The compensation of such
 3606  personnel shall be determined in accordance with under the rules
 3607  of the Department of Personnel Management Services. Such
 3608  employees shall engage in the prevention of disease and the
 3609  promotion of health under the supervision of the Department of
 3610  Health.
 3611         Section 94. Paragraph (b) of subsection (9) and paragraph
 3612  (a) of subsection (10) of section 163.3184, Florida Statutes,
 3613  are amended to read:
 3614         163.3184 Process for adoption of comprehensive plan or plan
 3615  amendment.—
 3616         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 3617         (b) The hearing shall be conducted by an administrative law
 3618  judge of the Division of Administrative Hearings of the
 3619  Department of Management Services, who shall hold the hearing in
 3620  the county of and convenient to the affected local jurisdiction
 3621  and submit a recommended order to the state land planning
 3622  agency. The state land planning agency shall allow for the
 3623  filing of exceptions to the recommended order and shall issue a
 3624  final order after receipt of the recommended order if the state
 3625  land planning agency determines that the plan or plan amendment
 3626  is in compliance. If the state land planning agency determines
 3627  that the plan or plan amendment is not in compliance, the agency
 3628  shall submit the recommended order to the Administration
 3629  Commission for final agency action.
 3630         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 3631  COMPLIANCE.—
 3632         (a) If the state land planning agency issues a notice of
 3633  intent to find the comprehensive plan or plan amendment not in
 3634  compliance with this act, the notice of intent shall be
 3635  forwarded to the Division of Administrative Hearings of the
 3636  Department of Management Services, which shall conduct a
 3637  proceeding under ss. 120.569 and 120.57 in the county of and
 3638  convenient to the affected local jurisdiction. The parties to
 3639  the proceeding are shall be the state land planning agency, the
 3640  affected local government, and any affected person who
 3641  intervenes. No new issue may be alleged as a reason to find a
 3642  plan or plan amendment not in compliance in an administrative
 3643  pleading filed more than 21 days after publication of notice
 3644  unless the party seeking that issue establishes good cause for
 3645  not alleging the issue within that time period. Good cause does
 3646  shall not include excusable neglect. In the proceeding, the
 3647  local government’s determination that the comprehensive plan or
 3648  plan amendment is in compliance is presumed to be correct. The
 3649  local government’s determination shall be sustained unless it is
 3650  shown by a preponderance of the evidence that the comprehensive
 3651  plan or plan amendment is not in compliance. The local
 3652  government’s determination that elements of its plans are
 3653  related to and consistent with each other shall be sustained if
 3654  the determination is fairly debatable.
 3655         Section 95. Subsection (6) of section 175.032, Florida
 3656  Statutes, is amended to read:
 3657         175.032 Definitions.—For any municipality, special fire
 3658  control district, chapter plan, local law municipality, local
 3659  law special fire control district, or local law plan under this
 3660  chapter, the following words and phrases have the following
 3661  meanings:
 3662         (6) “Division” means the Division of Retirement of the
 3663  Department of Personnel Management Services.
 3664         Section 96. Section 175.1215, Florida Statutes, is amended
 3665  to read:
 3666         175.1215 Police and Firefighters’ Premium Tax Trust Fund.
 3667  The Police and Firefighters’ Premium Tax Trust Fund is created,
 3668  to be administered by the division of Retirement of the
 3669  Department of Management Services. Funds credited to the trust
 3670  fund, as provided in chapter 95-250, Laws of Florida, or similar
 3671  legislation, shall be expended for the purposes set forth in
 3672  that legislation.
 3673         Section 97. Section 175.361, Florida Statutes, is amended
 3674  to read:
 3675         175.361 Termination of plan and distribution of fund.—For
 3676  any municipality, special fire control district, chapter plan,
 3677  local law municipality, local law special fire control district,
 3678  or local law plan under this chapter, the plan may be terminated
 3679  by the municipality or special fire control district. Upon
 3680  termination of the plan by the municipality or special fire
 3681  control district for any reason or because of a transfer,
 3682  merger, or consolidation of governmental units, services, or
 3683  functions as provided in chapter 121, or upon written notice by
 3684  the municipality or special fire control district to the board
 3685  of trustees that contributions under the plan are being
 3686  permanently discontinued, the rights of all employees to
 3687  benefits accrued to the date of such termination and the amounts
 3688  credited to the employees’ accounts are nonforfeitable. The fund
 3689  shall be distributed in accordance with the following
 3690  procedures:
 3691         (1) The board of trustees shall determine the date of
 3692  distribution and the asset value required to fund all the
 3693  nonforfeitable benefits after taking into account the expenses
 3694  of such distribution. The board shall inform the municipality or
 3695  special fire control district if additional assets are required,
 3696  in which event the municipality or special fire control district
 3697  shall continue to financially support the plan until all
 3698  nonforfeitable benefits have been funded.
 3699         (2) The board of trustees shall determine the method of
 3700  distribution of the asset value, whether distribution is shall
 3701  be by payment in cash, by the maintenance of another or
 3702  substituted trust fund, by the purchase of insured annuities, or
 3703  otherwise, for each firefighter entitled to benefits under the
 3704  plan as specified in subsection (3).
 3705         (3) The board of trustees shall distribute the asset value
 3706  as of the date of termination as in the manner set forth in this
 3707  subsection, on the basis that the amount required to provide any
 3708  given retirement income is the actuarially computed single-sum
 3709  value of such retirement income, except that if the method of
 3710  distribution determined under subsection (2) involves the
 3711  purchase of an insured annuity, the amount required to provide
 3712  the given retirement income is the single premium payable for
 3713  such annuity. The actuarial single-sum value may not be less
 3714  than the employee’s accumulated contributions to the plan, with
 3715  interest if provided by the plan, less the value of any plan
 3716  benefits previously paid to the employee.
 3717         (4) If there is asset value remaining after the full
 3718  distribution specified in subsection (3), and after the payment
 3719  of any expenses incurred with such distribution, such excess
 3720  shall be returned to the municipality or special fire control
 3721  district, less the return to the state of the state’s
 3722  contributions., provided that, If the excess is less than the
 3723  total contributions made by the municipality or special fire
 3724  control district and the state to date of termination of the
 3725  plan, such excess shall be divided proportionately to the total
 3726  contributions made by the municipality or special fire control
 3727  district and the state.
 3728         (5) The board of trustees shall distribute, in accordance
 3729  with subsection (2), the amounts determined under subsection
 3730  (3).
 3731         (6) If, after 24 months after the date the plan terminated
 3732  or the date the board received written notice that the
 3733  contributions thereunder were being permanently discontinued,
 3734  the municipality or special fire control district or the board
 3735  of trustees of the firefighters’ pension trust fund affected has
 3736  not complied with all the provisions in this section, the
 3737  Department of Personnel Management Services shall effect the
 3738  termination of the fund in accordance with this section.
 3739         Section 98. Subsection (7) of section 185.02, Florida
 3740  Statutes, is amended to read:
 3741         185.02 Definitions.—For any municipality, chapter plan,
 3742  local law municipality, or local law plan under this chapter,
 3743  the following words and phrases as used in this chapter shall
 3744  have the following meanings, unless a different meaning is
 3745  plainly required by the context:
 3746         (7) “Division” means the Division of Retirement of the
 3747  Department of Personnel Management Services.
 3748         Section 99. Section 185.105, Florida Statutes, is amended
 3749  to read:
 3750         185.105 Police and Firefighters’ Premium Tax Trust Fund.
 3751  The Police and Firefighters’ Premium Tax Trust Fund is the trust
 3752  fund created under s. 175.1215 and is created, to be
 3753  administered by the division of Retirement of the Department of
 3754  Management Services. Funds credited to the trust fund, as
 3755  provided in chapter 95-250, Laws of Florida, or similar
 3756  legislation, shall be expended for the purposes set forth in
 3757  that legislation.
 3758         Section 100. Section 185.37, Florida Statutes, is amended
 3759  to read:
 3760         185.37 Termination of plan and distribution of fund.—For
 3761  any municipality, chapter plan, local law municipality, or local
 3762  law plan under this chapter, the plan may be terminated by the
 3763  municipality. Upon termination of the plan by the municipality
 3764  for any reason, or because of a transfer, merger, or
 3765  consolidation of governmental units, services, or functions as
 3766  provided in chapter 121, or upon written notice to the board of
 3767  trustees by the municipality that contributions under the plan
 3768  are being permanently discontinued, the rights of all employees
 3769  to benefits accrued to the date of such termination or
 3770  discontinuance and the amounts credited to the employees’
 3771  accounts are nonforfeitable. The fund shall be distributed in
 3772  accordance with the following procedures:
 3773         (1) The board of trustees shall determine the date of
 3774  distribution and the asset value required to fund all the
 3775  nonforfeitable benefits, after taking into account the expenses
 3776  of such distribution. The board shall inform the municipality if
 3777  additional assets are required, in which event the municipality
 3778  shall continue to financially support the plan until all
 3779  nonforfeitable benefits have been funded.
 3780         (2) The board of trustees shall determine the method of
 3781  distribution of the asset value, whether distribution is shall
 3782  be by payment in cash, by the maintenance of another or
 3783  substituted trust fund, by the purchase of insured annuities, or
 3784  otherwise, for each police officer entitled to benefits under
 3785  the plan, as specified in subsection (3).
 3786         (3) The board of trustees shall distribute the asset value
 3787  as of the date of termination in the manner set forth in this
 3788  subsection, on the basis that the amount required to provide any
 3789  given retirement income is the actuarially computed single-sum
 3790  value of such retirement income, except that if the method of
 3791  distribution determined under subsection (2) involves the
 3792  purchase of an insured annuity, the amount required to provide
 3793  the given retirement income is the single premium payable for
 3794  such annuity. The actuarial single-sum value may not be less
 3795  than the employee’s accumulated contributions to the plan, with
 3796  interest if provided by the plan, less the value of any plan
 3797  benefits previously paid to the employee.
 3798         (4) If there is asset value remaining after the full
 3799  distribution specified in subsection (3), and after payment of
 3800  any expenses incurred with such distribution, such excess shall
 3801  be returned to the municipality, less the return to the state of
 3802  the state’s contributions., provided that, If the excess is less
 3803  than the total contributions made by the municipality and the
 3804  state to date of termination of the plan, such excess shall be
 3805  divided proportionately to the total contributions made by the
 3806  municipality and the state.
 3807         (5) The board of trustees shall distribute, in accordance
 3808  with the manner of distribution determined under subsection (2),
 3809  the amounts determined under subsection (3).
 3810         (6) If, after 24 months after the date the plan terminated
 3811  or the date the board received written notice that the
 3812  contributions thereunder were being permanently discontinued,
 3813  the municipality or the board of trustees of the municipal
 3814  police officers’ retirement trust fund affected has not complied
 3815  with all the provisions in this section, the Department of
 3816  Management Services shall effect the termination of the fund in
 3817  accordance with this section.
 3818         Section 101. Subsection (5) of section 189.4035, Florida
 3819  Statutes, is amended to read:
 3820         189.4035 Preparation of official list of special
 3821  districts.—
 3822         (5) The official list of special districts shall be
 3823  distributed by the department on October 1 of each year to the
 3824  President of the Senate, the Speaker of the House of
 3825  Representatives, the Auditor General, the Department of Revenue,
 3826  the Department of Financial Services, the Department of
 3827  Personnel Management Services, the State Board of
 3828  Administration, counties, municipalities, county property
 3829  appraisers, tax collectors, and supervisors of elections and to
 3830  all interested parties who request the list.
 3831         Section 102. Subsection (1) of section 189.412, Florida
 3832  Statutes, is amended to read:
 3833         189.412 Special District Information Program; duties and
 3834  responsibilities.—The Special District Information Program of
 3835  the Department of Community Affairs is created and has the
 3836  following special duties:
 3837         (1) The collection and maintenance of special district
 3838  noncompliance status reports from the Department of Personnel
 3839  Management Services, the Department of Financial Services, the
 3840  Division of Bond Finance of the State Board of Administration,
 3841  and the Auditor General for the reporting required in ss.
 3842  112.63, 218.32, 218.38, and 218.39. The noncompliance reports
 3843  must list those special districts that did not comply with the
 3844  statutory reporting requirements.
 3845         Section 103. Subsection (1) of section 210.20, Florida
 3846  Statutes, is amended to read:
 3847         210.20 Employees and assistants; distribution of funds.—
 3848         (1) The division under the applicable rules of the
 3849  Department of Personnel Management may Services shall have the
 3850  power to employ such employees and assistants and incur such
 3851  other expenses as may be necessary for the administration of
 3852  this part, within the limits of an appropriation for the
 3853  operation of the Department of Business and Professional
 3854  Regulation as may be authorized by the General Appropriations
 3855  Act.
 3856         Section 104. Subsection (1) of section 210.75, Florida
 3857  Statutes, is amended to read:
 3858         210.75 Administration.—
 3859         (1) The division, under the applicable rules of the
 3860  Department of Personnel Management may Services, shall have the
 3861  power to employ such employees and assistants and to incur such
 3862  other expenses as may be necessary for the administration of
 3863  this part within the limits of an appropriation for the
 3864  operation of the Department of Business and Professional
 3865  Regulation as may be authorized by the General Appropriations
 3866  Act.
 3867         Section 105. Paragraph (r) of subsection (8) of section
 3868  213.053, Florida Statutes, is amended to read:
 3869         213.053 Confidentiality and information sharing.—
 3870         (8) Notwithstanding any other provision of this section,
 3871  the department may provide:
 3872         (r) Information relative to the returns required by ss.
 3873  175.111 and 185.09 to the Department of Personnel Management
 3874  Services in the conduct of its official duties. The Department
 3875  of Personnel Management may Services is, in turn, authorized to
 3876  disclose payment information to a governmental agency or the
 3877  agency’s agent for purposes related to budget preparation,
 3878  auditing, revenue or financial administration, or administration
 3879  of chapters 175 and 185.
 3880  
 3881  Disclosure of information under this subsection shall be
 3882  pursuant to a written agreement between the executive director
 3883  and the agency. Such agencies, governmental or nongovernmental,
 3884  shall be bound by the same requirements of confidentiality as
 3885  the Department of Revenue. Breach of confidentiality is a
 3886  misdemeanor of the first degree, punishable as provided by s.
 3887  775.082 or s. 775.083.
 3888         Section 106. Subsection (1) of section 215.196, Florida
 3889  Statutes, is amended to read:
 3890         215.196 Architects Incidental Trust Fund; creation;
 3891  assessment.—
 3892         (1) There is created The Architects Incidental Trust Fund
 3893  is created for the purpose of providing sufficient funds for the
 3894  operation of the facilities development activities of the
 3895  Department of Environmental Protection Management Services.
 3896         Section 107. Paragraph (p) of subsection (1) of section
 3897  215.22, Florida Statutes, is amended to read:
 3898         215.22 Certain income and certain trust funds exempt.—
 3899         (1) The following income of a revenue nature or the
 3900  following trust funds shall be exempt from the appropriation
 3901  required by s. 215.20(1):
 3902         (p) The Communications Working Capital Trust Fund of the
 3903  Agency for Enterprise Information Technology Department of
 3904  Management Services.
 3905         Section 108. Subsection (3) of section 215.28, Florida
 3906  Statutes, is amended to read:
 3907         215.28 United States securities, purchase by state and
 3908  county officers and employees; deductions from salary.—
 3909         (3) All deductions so made by a any such disbursing
 3910  authority shall be deposited in a trust account separate and
 3911  apart from the funds of the state, county, or subordinate
 3912  agency. Such account is will be subject to withdrawal only for
 3913  the purchase of United States securities on behalf of officers
 3914  and employees, or for refunds to such persons in accordance with
 3915  the provisions of this section law. If Whenever the sum of
 3916  $18.75 or the purchase price of the security requested to be
 3917  purchased is accumulated from deductions so made from the
 3918  salaries or wages of an officer or employee, the such disbursing
 3919  agent shall arrange the purchase of the bond or security applied
 3920  for and have it registered in the name or names requested in the
 3921  deduction authorization. Securities so purchased must will be
 3922  delivered in a such manner that is as may be convenient for the
 3923  issuing agent and the purchaser. Any interest earned on moneys
 3924  in such account while awaiting the accumulation of the purchase
 3925  price of the security shall be transferred to the Florida
 3926  Retirement System Trust Fund as reimbursement for administrative
 3927  costs incurred by the Department of Personnel Management
 3928  Services under this section.
 3929         Section 109. Subsection (6) of section 215.422, Florida
 3930  Statutes, is amended to read:
 3931         215.422 Payments, warrants, and invoices; processing time
 3932  limits; dispute resolution; agency or judicial branch
 3933  compliance.—
 3934         (6) The Department of Financial Services shall monitor each
 3935  agency’s and the judicial branch’s compliance with the time
 3936  limits and interest penalty provisions of this section. The
 3937  department shall provide a report to an agency or to the
 3938  judicial branch if the department determines that the agency or
 3939  the judicial branch has failed to maintain an acceptable rate of
 3940  compliance with the time limits and interest penalty provisions
 3941  of this section. The department shall establish criteria for
 3942  determining acceptable rates of compliance. The report must
 3943  shall also include a list of late invoices or payments, the
 3944  amount of interest owed or paid, and any corrective actions
 3945  recommended. The department shall perform monitoring
 3946  responsibilities, pursuant to this section, using the Department
 3947  of Financial Services’ financial systems provided in s. 215.94.
 3948  Each agency and the judicial branch shall be responsible for the
 3949  accuracy of information entered into the Department of
 3950  Management Services’ procurement system and the department’s
 3951  Department of Financial Services’ financial systems for use in
 3952  this monitoring.
 3953         Section 110. Section 215.425, Florida Statutes, is amended
 3954  to read:
 3955         215.425 Extra compensation claims prohibited.—No Extra
 3956  compensation may not be paid shall be made to any officer,
 3957  agent, employee, or contractor after the service has been
 3958  rendered or the contract made; nor shall any money be
 3959  appropriated or paid on any claim the subject matter of which
 3960  has not been provided for by preexisting laws, unless such
 3961  compensation or claim is allowed by a law enacted by two-thirds
 3962  of the members elected to each house of the Legislature.
 3963  However, when adopting salary schedules for a fiscal year, a
 3964  district school board or community college district board of
 3965  trustees may apply the schedule for payment of all services
 3966  rendered after subsequent to July 1 of that fiscal year. The
 3967  provisions of this section do not apply to extra compensation
 3968  given to state employees who are included within the senior
 3969  management group pursuant to rules adopted by the Department of
 3970  Personnel Management Services; to extra compensation given to
 3971  county, municipal, or special district employees pursuant to
 3972  policies adopted by county or municipal ordinances or
 3973  resolutions of governing boards of special districts or to
 3974  employees of the clerk of the circuit court pursuant to written
 3975  policy of the clerk; or to a clothing and maintenance allowance
 3976  given to plainclothes deputies pursuant to s. 30.49.
 3977         Section 111. Paragraph (g) of subsection (1) of section
 3978  215.47, Florida Statutes, is amended to read:
 3979         215.47 Investments; authorized securities; loan of
 3980  securities.—Subject to the limitations and conditions of the
 3981  State Constitution or of the trust agreement relating to a trust
 3982  fund, moneys available for investments under ss. 215.44-215.53
 3983  may be invested as follows:
 3984         (1) Without limitation in:
 3985         (g) Bonds issued by the Florida State Improvement
 3986  Commission, Florida Development Commission, Division of Bond
 3987  Finance of the Department of General Services, or Division of
 3988  Bond Finance of the State Board of Administration.
 3989         Section 112. Subsection (3) of section 215.50, Florida
 3990  Statutes, is amended to read:
 3991         215.50 Custody of securities purchased; income.—
 3992         (3) The Chief Financial Officer, as custodian of securities
 3993  owned by the Florida Retirement System Trust Fund and the
 3994  Florida Survivor Benefit Trust Fund, shall collect the interest,
 3995  dividends, prepayments, maturities, proceeds from sales, and
 3996  other income accruing from such assets. As such income is
 3997  collected by the Chief Financial Officer, it shall be deposited
 3998  directly into a commercial bank to the credit of the State Board
 3999  of Administration. The Such bank accounts as may be required for
 4000  this purpose shall offer satisfactory collateral security as
 4001  provided by chapter 280. If the In the event funds so deposited
 4002  according to the provisions of this section are required to pay
 4003  for the purpose of paying benefits or other operational needs,
 4004  the State Board of Administration shall remit to the Florida
 4005  Retirement System Trust Fund in the State Treasury such amounts
 4006  as may be requested by the Department of Personnel Management
 4007  Services.
 4008         Section 113. Subsections (4) and (5) of section 215.94,
 4009  Florida Statutes, are amended to read:
 4010         215.94 Designation, duties, and responsibilities of
 4011  functional owners.—
 4012         (4) The Department of Financial Management Services is
 4013  shall be the functional owner of the Purchasing Subsystem. The
 4014  department shall design, implement, and operate the subsystem in
 4015  accordance with the provisions of ss. 215.90-215.96. The
 4016  subsystem includes shall include, but is shall not be limited
 4017  to, functions for commodity and service procurement.
 4018         (5) The Department of Personnel Management is Services
 4019  shall be the functional owner of the Personnel Information
 4020  System. The department shall ensure that the system is designed,
 4021  implemented, and operated in accordance with the provisions of
 4022  ss. 110.116 and 215.90-215.96. The department may contract with
 4023  a vendor to provide the system and services required of the
 4024  Personnel Information system. The subsystem includes shall
 4025  include, but is shall not be limited to, functions for:
 4026         (a) Maintenance of employee and position data, including
 4027  funding sources and percentages and salary lapse. The employee
 4028  data includes shall include, but is not be limited to,
 4029  information to meet the payroll system requirements of the
 4030  Department of Financial Services and to meet the employee
 4031  benefit system requirements of the Department of Personnel
 4032  Management Services.
 4033         (b) Recruitment and selection.
 4034         (c) Time and leave reporting.
 4035         (d) Collective bargaining.
 4036         Section 114. Subsection (2) of section 215.96, Florida
 4037  Statutes, is amended to read:
 4038         215.96 Coordinating council and design and coordination
 4039  staff.—
 4040         (2) The coordinating council shall consist of the Chief
 4041  Financial Officer; the Commissioner of Agriculture; the
 4042  executive director secretary of the Department of Personnel
 4043  Management Services; the Attorney General; and the Director of
 4044  Planning and Budgeting, Executive Office of the Governor, or
 4045  their designees. The Chief Financial Officer, or a his or her
 4046  designee, shall be the chair of the coordinating council, and
 4047  the design and coordination staff shall provide administrative
 4048  and clerical support to the council and the board. The design
 4049  and coordination staff shall maintain the minutes of each
 4050  meeting and shall make such minutes available to any interested
 4051  person. The Auditor General, the State Courts Administrator, an
 4052  executive officer of the Florida Association of State Agency
 4053  Administrative Services Directors, and an executive officer of
 4054  the Florida Association of State Budget Officers, or their
 4055  designees, shall serve without voting rights as ex officio
 4056  members on the coordinating council. The chair may call meetings
 4057  of the coordinating council as often as necessary to transact
 4058  business; however, the coordinating council must shall meet at
 4059  least once a year. Action of the coordinating council shall be
 4060  by motion, duly made, seconded and passed by a majority of the
 4061  coordinating council voting in the affirmative for approval of
 4062  items that are to be recommended for approval to the Financial
 4063  Management Information Board.
 4064         Section 115. Section 216.0152, Florida Statutes, is amended
 4065  to read:
 4066         216.0152 Inventory of state-owned facilities or state
 4067  occupied facilities.—
 4068         (1) The Department of Environmental Protection Management
 4069  Services shall develop and maintain an automated inventory of
 4070  all facilities owned, leased, rented, or otherwise occupied or
 4071  maintained by any state agency of the state or by the judicial
 4072  branch, except those with less than 3,000 square feet. The
 4073  inventory must shall include the location, occupying agency,
 4074  ownership, size, condition assessment, maintenance record, age,
 4075  parking and employee facilities, and other information as
 4076  required by the department for determining maintenance needs and
 4077  life-cycle cost evaluations of the facility. The inventory need
 4078  not include a condition assessment or maintenance record of
 4079  facilities not owned by a state agency or by the judicial
 4080  branch. The term “facility,” as used in this section, means
 4081  buildings, structures, and building systems, but does not
 4082  include transportation facilities of the state transportation
 4083  system. The Department of Transportation shall develop and
 4084  maintain an inventory of transportation facilities of the state
 4085  transportation system. The Board of Governors of the State
 4086  University System and the Department of Education, respectively,
 4087  shall develop and maintain an inventory, in the manner
 4088  prescribed by the Department of Environmental Protection
 4089  Management Services, of all state university and community
 4090  college facilities and shall make the data available in a format
 4091  acceptable to the Department of Environmental Protection
 4092  Management Services.
 4093         (2) The Department of Environmental Protection Management
 4094  Services shall update its inventory and cause to be updated the
 4095  other inventories required by subsection (1) to be updated at
 4096  least once every 5 years. However, but the inventories must
 4097  shall record acquisitions of new facilities and significant
 4098  changes in existing facilities as they occur. The department of
 4099  Management Services shall provide each state agency and the
 4100  judicial branch with the most recent inventory applicable to
 4101  that agency or to the judicial branch. Each state agency and the
 4102  judicial branch shall, in the manner prescribed by the
 4103  department of Management Services, report significant changes in
 4104  the inventory as they occur. Items relating to the condition and
 4105  life-cycle cost of a facility must shall be updated at least
 4106  every 5 years.
 4107         (3) The Department of Environmental Protection Management
 4108  Services shall, every 3 years, publish a complete report
 4109  detailing this inventory and shall publish an annual update of
 4110  the report. The department shall furnish the updated report to
 4111  the Executive Office of the Governor and the Legislature by no
 4112  later than September 15 of each year.
 4113         Section 116. Subsection (1) of section 216.016, Florida
 4114  Statutes, is amended to read:
 4115         216.016 Evaluation of plans; determination of financing
 4116  method.—
 4117         (1) Pursuant to the requirements of s. 216.044, the
 4118  Department of Environmental Protection Management Services shall
 4119  evaluate state agency plans and plans of the judicial branch.
 4120         Section 117. Paragraph (a) of subsection (4) of section
 4121  216.023, Florida Statutes, is amended to read:
 4122         216.023 Legislative budget requests to be furnished to
 4123  Legislature by agencies.—
 4124         (4)(a) The legislative budget request must include contain
 4125  for each program:
 4126         1. The constitutional or statutory authority for a program,
 4127  a brief purpose statement, and approved program components.
 4128         2. Information on expenditures for 3 fiscal years by
 4129  appropriation category, which includes (actual prior-year
 4130  expenditures, current-year estimated expenditures, and agency
 4131  budget requested expenditures for the next fiscal year) by
 4132  appropriation category.
 4133         3. Details on trust funds and fees.
 4134         4. The total number of positions, including (authorized,
 4135  fixed, and requested).
 4136         5. An issue narrative describing and justifying changes in
 4137  amounts and positions requested for current and proposed
 4138  programs for the next fiscal year.
 4139         6. Information resource requests.
 4140         7. Supporting information, including applicable cost
 4141  benefit analyses, business case analyses, performance
 4142  contracting procedures, service comparisons, and impacts on
 4143  performance standards for any request to outsource or privatize
 4144  agency functions. The cost-benefit and business case analyses
 4145  must include an assessment of the impact on each affected
 4146  activity from those identified in accordance with paragraph (b).
 4147  Performance standards must include standards for each affected
 4148  activity and be expressed in terms of the associated unit of
 4149  activity.
 4150         8. An evaluation of any major outsourcing and privatization
 4151  initiatives undertaken during the last 5 fiscal years having
 4152  aggregate expenditures exceeding $10 million during the term of
 4153  the contract. The evaluation must shall include an assessment of
 4154  contractor performance, a comparison of anticipated service
 4155  levels to actual service levels, and a comparison of estimated
 4156  savings to actual savings achieved. Consolidated reports issued
 4157  by the Department of Financial Management Services may be used
 4158  to satisfy this requirement.
 4159         9. Supporting information for any proposed consolidated
 4160  financing of deferred-payment commodity contracts including
 4161  guaranteed energy performance savings contracts. Supporting
 4162  information must also include narrative describing and
 4163  justifying the need, baseline for current costs, estimated cost
 4164  savings, projected equipment purchases, estimated contract
 4165  costs, and return on investment calculation.
 4166         10. For projects that exceed $10 million in total cost, the
 4167  statutory reference of the existing policy or the proposed
 4168  substantive policy that establishes and defines the project’s
 4169  governance structure, planned scope, main business objectives
 4170  that must be achieved, and estimated completion timeframes.
 4171  Information technology budget requests for the continuance of
 4172  existing hardware and software maintenance agreements, renewal
 4173  of existing software licensing agreements, or the replacement of
 4174  desktop units with new technology that is similar to the
 4175  technology currently in use are exempt from this requirement.
 4176         Section 118. Section 216.044, Florida Statutes, is amended
 4177  to read:
 4178         216.044 Budget evaluation by Department of Management
 4179  Services.—
 4180         (1) Any state agency or judicial branch entity requesting a
 4181  fixed capital outlay project to be managed by the Department of
 4182  Environmental Protection Management Services shall consult with
 4183  that department during the budget development process. The
 4184  department of Management Services shall provide recommendations
 4185  regarding construction requirements, cost of the project, and
 4186  project alternatives to be incorporated in the agency’s or
 4187  entity’s proposed fixed capital outlay budget request and
 4188  narrative justification.
 4189         (2) Concurrently with the submission of the fixed capital
 4190  outlay legislative budget request to the Executive Office of the
 4191  Governor or to the Chief Justice of the Supreme Court, the
 4192  agency or judicial branch shall submit a copy of the legislative
 4193  budget request to the Department of Environmental Protection
 4194  Management Services for evaluation.
 4195         (3) The Department of Environmental Protection Management
 4196  Services shall advise the Executive Office of the Governor, the
 4197  Chief Justice, and the Legislature regarding alternatives to the
 4198  proposed fixed capital outlay project and make recommendations
 4199  relating to the construction requirements and cost of the
 4200  project. These recommendations shall be provided to the
 4201  Legislature and Executive Office of the Governor at a time
 4202  specified by the Governor, but at least not less than 90 days
 4203  before prior to the regular session of the Legislature. When
 4204  evaluating alternatives, the department of Management Services
 4205  shall include information as to whether it would be more cost
 4206  efficient to lease private property or facilities, to construct
 4207  facilities on property presently owned by the state, or to
 4208  acquire property on which to construct the facilities. In
 4209  determining the cost to the state of constructing facilities on
 4210  property presently owned by the state or the cost of acquiring
 4211  property on which to construct facilities, the department of
 4212  Management Services shall include the costs that which would be
 4213  incurred by a private person in acquiring the property and
 4214  constructing the facilities, including, but not limited to,
 4215  taxes and return on investment.
 4216         Section 119. Paragraph (c) of subsection (2) of section
 4217  216.163, Florida Statutes, is amended to read:
 4218         216.163 Governor’s recommended budget; form and content;
 4219  declaration of collective bargaining impasses.—
 4220         (2) The Governor’s recommended budget shall also include:
 4221         (c) The evaluation of the fixed capital outlay request of
 4222  each agency and the judicial branch and alternatives to the
 4223  proposed projects as made by the Department of Environmental
 4224  Protection Management Services pursuant to s. 216.044.
 4225         Section 120. Section 216.237, Florida Statutes, is amended
 4226  to read:
 4227         216.237 Availability of any remaining funds; agency
 4228  maintenance of accounting records.—Any funds remaining funds
 4229  from the General Revenue Fund and trust fund spending authority
 4230  not awarded to agencies pursuant to s. 216.236 shall be made
 4231  available to agencies for innovative projects that which
 4232  generate a cost savings, increase revenue, or improve service
 4233  delivery. Innovative projects that which generate a cost savings
 4234  shall receive greater consideration when awarding innovation
 4235  investment funds. Any trust fund authority granted under this
 4236  program must be used shall be utilized in a manner that is
 4237  consistent with the statutory authority for the use of the said
 4238  trust fund. Any savings realized as a result of implementing the
 4239  innovative project must shall be used by the agency to establish
 4240  an internal innovations fund. State agencies that which are
 4241  awarded funds for innovative projects shall use utilize the
 4242  chart of accounts used by the Florida Accounting Information
 4243  Resource Subsystem in the manner described in s. 215.93(3). The
 4244  Such chart of accounts shall be developed and amended in
 4245  consultation with the Department of Financial Services and the
 4246  Executive Office of the Governor to separate and account for the
 4247  savings that result from the implementation of the innovative
 4248  projects and to keep track of how the innovative funds are
 4249  reinvested by the state agency to fund additional innovative
 4250  projects, which may include, but are not be limited to,
 4251  expenditures for training and information technology resources.
 4252  Guidelines for the establishment of such internal innovations
 4253  fund shall be provided by the Department of Financial Management
 4254  Services. Any agency awarded funds under this section must shall
 4255  maintain detailed accounting records showing all expenses, loan
 4256  transfers, savings, or other financial actions concerning the
 4257  project. Any savings realized as a result of implementing the
 4258  innovative project must shall be quantified, validated, and
 4259  verified by the agency. A final report of the results of the
 4260  implementation of each innovative project must shall be
 4261  submitted by each participating agency to the Governor’s Office
 4262  of Policy and Budget Planning and Budgeting and the legislative
 4263  appropriations committees by June 30 of the fiscal year in which
 4264  the funds were received and ensuing fiscal years for the life of
 4265  the project.
 4266         Section 121. Section 216.238, Florida Statutes, is amended
 4267  to read:
 4268         216.238 Rules Authority given to carry out provisions of
 4269  program.—The Department of Financial Management Services shall,
 4270  in accordance with chapter 120, adopt, promulgate, amend, or
 4271  rescind such rules as it deems necessary and administratively
 4272  feasible to administer carry out the provisions of the
 4273  Innovation Investment Program.
 4274         Section 122. Paragraphs (d), (e), (f), and (g) of
 4275  subsection (1) and subsection (3) of section 216.262, Florida
 4276  Statutes, are amended to read:
 4277         216.262 Authorized positions.—
 4278         (1)
 4279         (d) An individual employed by a state agency or by the
 4280  judicial branch may not hold more than one employment during his
 4281  or her normal working hours with the state, such working hours
 4282  to be determined by the head of the state agency affected,
 4283  unless approved by the Department of Personnel Management
 4284  Services, or otherwise delegated to the agency head, or by the
 4285  Chief Justice of the Supreme Court, respectively.
 4286         (e) An individual employed by a state agency or by the
 4287  judicial branch may not fill more than a total of one full-time
 4288  equivalent established position, receive compensation
 4289  simultaneously from any appropriation other than appropriations
 4290  for salaries, or receive compensation simultaneously from more
 4291  than one state agency unless approved by the Department of
 4292  Personnel Management Services, or otherwise delegated to the
 4293  agency head, or by the Chief Justice, respectively, during each
 4294  fiscal year. The department of Management Services may adopt
 4295  uniform rules applicable to the executive branch agencies to
 4296  implement its responsibilities under this paragraph.
 4297         (f) Perquisites may not be furnished by a state agency or
 4298  by the judicial branch unless approved by the Department of
 4299  Personnel Management Services, or otherwise delegated to the
 4300  agency head, or by the Chief Justice, respectively, during each
 4301  fiscal year. If Whenever a state agency or the judicial branch
 4302  is to furnish perquisites, the department of Management Services
 4303  or the agency head to which the approval has been delegated or
 4304  the Chief Justice, respectively, must approve the kind and
 4305  monetary value of such perquisites before they are may be
 4306  furnished. Perquisites may be furnished only if when in the best
 4307  interest of the state due to the exceptional or unique
 4308  requirements of the position. The value of a perquisite may not
 4309  be used to compute an employee’s base rate of pay or regular
 4310  rate of pay unless required by the Fair Labor Standards Act.
 4311  Permissible perquisites include, but are not limited to, moving
 4312  expenses, clothing, use of vehicles and other transportation,
 4313  domestic services, groundskeeping services, telephone services,
 4314  medical services, housing, utilities, and meals. The Department
 4315  of Personnel Management Services may adopt uniform rules
 4316  applicable to the executive branch agencies to implement its
 4317  responsibilities under this paragraph, which rules may specify
 4318  additional perquisites, establish additional criteria for each
 4319  kind of perquisite, provide the procedure to be used by
 4320  executive agencies in applying for approvals, and establish the
 4321  required justification. As used in this section, the term
 4322  “perquisites” means those things, or the use thereof, or
 4323  services of a kind that confer on the officers or employees
 4324  receiving them some benefit that is in the nature of additional
 4325  compensation, or that reduce to some extent the normal personal
 4326  expenses of the officer or employee receiving them. The term
 4327  includes, but is not limited to, such things as quarters,
 4328  subsistence, utilities, laundry services, medical service, use
 4329  of state-owned vehicles for other than state purposes, and
 4330  servants paid by the state.
 4331         (g) If goods and services are to be sold to officers and
 4332  employees of a state agency or of the judicial branch rather
 4333  than being furnished as perquisites, the kind and selling price
 4334  must thereof shall be approved by the Department of Personnel
 4335  Management Services, unless otherwise delegated to the agency
 4336  head, or by the Chief Justice, respectively, during each fiscal
 4337  year before such sales are made. The selling price may be
 4338  deducted from any amounts due by the state to the any person
 4339  receiving such things. The amount of cash so deducted must shall
 4340  be faithfully accounted for. This paragraph does not apply to
 4341  sales to officers or employees of items generally sold to the
 4342  public and does not apply to meals that which may be provided
 4343  without charge to volunteers under a volunteer service program
 4344  approved by the Department of Personnel Management Services. The
 4345  goods and services may include, but are not limited to, medical
 4346  services, long-term and short-term rental housing, and laundry
 4347  and transportation services. The department of Management
 4348  Services may adopt uniform rules applicable to the executive
 4349  branch agencies to implement its responsibilities under this
 4350  paragraph, which rules may specify other items that may be
 4351  approved, the required justification for proposed sales, and the
 4352  manner in which agencies are required to will apply for
 4353  approvals.
 4354         (3) A No full-time position may not shall be filled by more
 4355  than the equivalent of one full-time officer or employee, except
 4356  when extenuating circumstances exist. Extenuating circumstances
 4357  must will be provided for in rules to be adopted by the
 4358  Department of Personnel Management Services or by the Chief
 4359  Justice, respectively.
 4360         Section 123. Paragraph (c) of subsection (6) of section
 4361  216.292, Florida Statutes, is amended to read:
 4362         216.292 Appropriations nontransferable; exceptions.—
 4363         (6) The Chief Financial Officer shall transfer from any
 4364  available funds of an agency or the judicial branch the
 4365  following amounts and shall report all such transfers and the
 4366  reasons therefor to the legislative appropriations committees
 4367  and the Executive Office of the Governor:
 4368         (c) The amount due to the Communications Working Capital
 4369  Trust Fund from moneys appropriated in the General
 4370  Appropriations Act for the purpose of paying for services
 4371  provided by the state communications system in the Agency for
 4372  Enterprise Information Technology Department of Management
 4373  Services which is unpaid 45 days after the billing date. The
 4374  amount transferred shall be the amount that billed by the
 4375  department.
 4376         Section 124. Section 217.02, Florida Statutes, is amended
 4377  to read:
 4378         217.02 Definitions.—As used in this chapter act, the term:
 4379         (1) “Department” means the Department of Financial
 4380  Management Services.
 4381         (2) “Surplus property” means any federal property that
 4382  which has been declared excess by a federal agency, including
 4383  the Department of Defense, and made available for procurement
 4384  and distribution in the state in compliance with the Federal
 4385  Property and Administrative Services Act of 1949, and subsequent
 4386  amendments thereto, or any other federal law provided for the
 4387  procurement and distribution of federal excess and surplus
 4388  property.
 4389         Section 125. Section 217.04, Florida Statutes, is amended
 4390  to read:
 4391         217.04 Negotiation Department of Management Services as
 4392  state agency to negotiate with federal agency.—The department of
 4393  Management Services is designated the official agency of the
 4394  state to negotiate with any federal agency in accordance and
 4395  compliance with the Federal Property and Administrative Services
 4396  Act of 1949 and subsequent amendments thereto, and any other
 4397  federal law or regulation providing for the procurement and
 4398  distribution of federal surplus personal property.
 4399         Section 126. Section 217.045, Florida Statutes, is amended
 4400  to read:
 4401         217.045 Department of Management Services; Assistance to
 4402  state agencies.—The department of Management Services may follow
 4403  whatever procedure is considered necessary to enable state
 4404  agencies to take advantage of surplus property allocated to the
 4405  state by the Federal Government or by its disposal agencies.
 4406         Section 127. Subsections (2), (3), (11), and (13) of
 4407  section 238.01, Florida Statutes, are amended to read:
 4408         238.01 Definitions.—The following words and phrases as used
 4409  in this chapter shall have the following meanings unless a
 4410  different meaning is plainly required by the context:
 4411         (2) “Department” means the Department of Personnel
 4412  Management Services.
 4413         (3) “Teacher” means any member of the teaching or
 4414  professional staff and any certificated employee of any public
 4415  free school, of any district school system and career center,
 4416  any member of the teaching or professional staff of the Florida
 4417  School for the Deaf and Blind, child training schools of the
 4418  Department of Juvenile Justice, the Department of Corrections,
 4419  and any tax-supported institution of higher learning of the
 4420  state, and any member and any certified employee of the
 4421  Department of Education, any certified employee of the
 4422  retirement system, any full-time employee of any nonprofit
 4423  professional association or corporation of teachers functioning
 4424  in Florida on a statewide basis, which seeks to protect and
 4425  improve public school opportunities for children and advance the
 4426  professional and welfare status of its members, any person now
 4427  serving as superintendent, or who was serving as county
 4428  superintendent of public instruction on July 1, 1939, and any
 4429  hereafter duly elected or appointed superintendent, who holds a
 4430  valid Florida teachers’ certificate. In all cases of doubt the
 4431  department of Management Services shall determine whether a any
 4432  person is a teacher as defined herein.
 4433         (11) “Regular interest” means interest at such rate as may
 4434  be set from time to time by the department of Management
 4435  Services.
 4436         (13) “Earnable compensation” means the full compensation
 4437  payable to a teacher working the full working time for his or
 4438  her position. With In respect to plans A, B, C, and D only, if
 4439  the in cases where compensation includes maintenance, the
 4440  department of Management Services shall fix the value of that
 4441  part of the compensation not paid in money if; provided that all
 4442  members as of shall from July 1, 1955, make contributions to the
 4443  retirement system on the basis of earnable compensation, as
 4444  defined herein and all persons who are members on July 1, 1955,
 4445  may, upon application, have their “earnable compensation” for
 4446  the time during which they have been members prior to that date
 4447  determined on the basis of “earnable compensation” as defined in
 4448  this law, upon paying to the retirement system, on or before the
 4449  date of retirement, a sum equal to the additional contribution
 4450  with accumulated regular interest thereon they would have made
 4451  if “earnable compensation” had been defined, at the time they
 4452  became members, as it is now defined. However, earnable
 4453  compensation for all plan years beginning on or after July 1,
 4454  1990, may shall not include any amounts in excess of the
 4455  compensation limitation (originally $200,000) established by s.
 4456  401(a)(17) of the Internal Revenue Code prior to the Omnibus
 4457  Budget Reconciliation Act of 1993, which limitation shall be
 4458  adjusted for changes in the cost of living since 1989, as in the
 4459  manner provided by s. 401(a)(17) of the Internal Revenue Code of
 4460  1991. This limitation, which has been part of the Teachers’
 4461  Retirement System since plan years beginning on or after July 1,
 4462  1990, must shall be adjusted as required by federal law for
 4463  qualified government plans.
 4464         Section 128. Section 238.02, Florida Statutes, is amended
 4465  to read:
 4466         238.02 Name and date of Establishment.—A retirement system
 4467  is established and placed under the management of the department
 4468  of Management Services for the purpose of providing retirement
 4469  allowances and other benefits for teachers of the state. The
 4470  retirement system shall begin operations on July 1, 1939. It has
 4471  such powers and privileges of a corporation as may be necessary
 4472  to carry out effectively the provisions of this chapter and
 4473  shall be known as the “Teachers’ Retirement System of the
 4474  State,” and by such name all of its business shall be
 4475  transacted, all of its funds invested, and all of its cash and
 4476  securities and other property held in trust for the purpose for
 4477  which received.
 4478         Section 129. Subsection (1) of section 238.03, Florida
 4479  Statutes, is amended to read:
 4480         238.03 Administration.—
 4481         (1) The general administration and the responsibility for
 4482  the proper operation of the retirement system and for making
 4483  effective the provisions of this chapter are vested in the
 4484  department of Management Services. Subject to the limitation of
 4485  this chapter, the department shall, from time to time, adopt
 4486  establish rules and regulations for the administration and
 4487  transaction of the business of the retirement system and shall
 4488  perform such other functions as are required for the execution
 4489  of this chapter.
 4490         Section 130. Subsection (3) of section 238.07, Florida
 4491  Statutes, is amended to read:
 4492         238.07 Regular benefits; survivor benefits.—
 4493         (3) Any member who, prior to July 1, 1955, elected to
 4494  retire under one of plans A, B, C, or D may elect, prior to
 4495  retirement, to retire under plan E in accordance with the terms
 4496  hereof. Any person who became a member on or after July 1, 1955,
 4497  shall retire under plan E, except as provided for under s.
 4498  238.31. With respect to plans A, B, C, or D, any member may
 4499  shall have the right at any time to change to a plan of
 4500  retirement requiring a lower rate of contribution. The
 4501  department of Management Services shall also notify the member
 4502  of the rate of contribution such member must make from and after
 4503  selecting such plan of retirement. Any member in service may
 4504  retire upon reaching the age of retirement formerly selected by
 4505  him or her, upon the member’s written application to the
 4506  department setting forth at which time, not more than 90 days
 4507  after subsequent to the execution and filing of such
 4508  application, it is his or her desire to retire notwithstanding
 4509  that during such period of notification he or she may have
 4510  separated from service. Upon receipt of such application for
 4511  retirement, the department shall retire such member not more
 4512  than 90 days thereafter. Before such member may retire, he or
 4513  she must file with the department his or her written selection
 4514  of one of the optional benefits provided in s. 238.08.
 4515         Section 131. Paragraph (a) of subsection (1) of section
 4516  238.09, Florida Statutes, is amended to read:
 4517         238.09 Method of financing.—All of the assets of the
 4518  retirement system shall be credited, according to the purposes
 4519  for which they are held, to one of four funds; namely, the
 4520  Annuity Savings Trust Fund, the Pension Accumulation Trust Fund,
 4521  the Expense Trust Fund, and the Survivors’ Benefit Trust Fund.
 4522         (1) The Annuity Savings Trust Fund shall be a fund in which
 4523  shall be accumulated contributions made from the salaries of
 4524  members under the provisions of paragraph (c) or paragraph (f).
 4525  Contribution to, payments from, the Annuity Savings Trust Fund
 4526  shall be made as follows:
 4527         (a) With respect to plan A, B, C, or D, upon the basis of
 4528  such tables as the department of Management Services shall
 4529  adopt, and regular interest, the actuary of the retirement
 4530  system shall determine for each member the proportion of
 4531  earnable compensation which, when deducted from each payment of
 4532  his or her prospective earnable annual compensation prior to his
 4533  or her minimum service retirement age, and accumulated at
 4534  regular interest until such age, shall be computed to provide at
 4535  such age:
 4536         1. An annuity equal to one one-hundred-fortieth of the
 4537  member’s his or her average final compensation multiplied by the
 4538  number of his or her years of membership in the case of each
 4539  member electing to retire under the provisions of plan A or B.
 4540         2. An annuity equal to one one-hundred-twentieth of the
 4541  member’s his or her average final compensation multiplied by the
 4542  number of his or her years of membership service in the case of
 4543  each member electing to retire under the provisions of plan C.
 4544         3. An annuity equal to one one-hundredth of his or her
 4545  average final compensation multiplied by the number of the
 4546  members’ his or her years of membership service in the case of
 4547  each member electing to retire under the provisions of plan D.
 4548  
 4549  For each In the case of any member who has attained his or her
 4550  minimum service retirement age before prior to becoming a
 4551  member, the proportion of salary applicable to such member, with
 4552  respect to plan A, B, C, or D, shall be the proportion computed
 4553  for the age 1 year younger than his or her minimum service
 4554  retirement age.
 4555         Section 132. Section 238.10, Florida Statutes, is amended
 4556  to read:
 4557         238.10 Management of funds.—The department of Management
 4558  Services, annually, shall allow regular interest on the amount
 4559  for the preceding year to the credit of each of the funds of the
 4560  retirement system, and to the credit of the individual account
 4561  therein, if any, with the exception of the expense fund, from
 4562  the interest and dividends earned from investments.
 4563         Section 133. Paragraph (b) of subsection (1) and
 4564  subsections (2) and (3) of section 238.11, Florida Statutes, are
 4565  amended to read:
 4566         238.11 Collection of contributions.—
 4567         (1) The collection of contributions shall be as follows:
 4568         (b) Each employer shall transmit monthly to the department
 4569  of Management Services a warrant for the total amount of such
 4570  deductions. Each employer shall also transmit monthly to the
 4571  department a warrant for such employer contribution set aside as
 4572  provided for in paragraph (a) of this subsection. The
 4573  department, after making records of all such warrants, shall
 4574  transmit them to the Department of Financial Services for
 4575  delivery to the Chief Financial Officer, who shall collect them.
 4576         (2) The collection of the state contribution shall be made
 4577  as follows:
 4578         (a) The amounts required to be paid by the state into the
 4579  Teachers’ Retirement System under in this chapter shall be
 4580  provided therefor in the General Appropriations Act. However, if
 4581  in the event a sufficient amount is not included in the General
 4582  Appropriations Act to meet the full amount needed to pay the
 4583  retirement compensation provided for in this chapter, the
 4584  additional amount needed for such retirement compensation is
 4585  hereby appropriated from the General Revenue Fund as approved by
 4586  the department of Management Services.
 4587         (b) The department of Management Services shall certify
 4588  one-fourth of the amount so ascertained for each year to the
 4589  Chief Financial Officer on or before the last day of July,
 4590  October, January, and April of each year. The Chief Financial
 4591  Officer shall, on or before the first day of August, November,
 4592  February, and May of each year, immediately transfer the amounts
 4593  due to the several funds of the retirement system the amounts
 4594  due.
 4595         (3) All collection of contributions of a nonprofit
 4596  professional association or corporation of teachers as referred
 4597  to in s. 238.01(3) and (5) shall be made by such association or
 4598  corporation in the following manner:
 4599         (a) On April 1 of each year, the department of Management
 4600  Services shall certify to any such nonprofit professional
 4601  association or corporation of teachers the amounts that which
 4602  will become due and payable during the ensuing fiscal year to
 4603  each of the funds of the retirement system to which such
 4604  contributions are payable as set forth in this section law.
 4605         (b) The department of Management Services shall certify
 4606  one-fourth of the amount so ascertained for each year to the
 4607  nonprofit professional association or corporation of teachers on
 4608  or before the last day of July, October, January, and April of
 4609  each year. The nonprofit professional association or corporation
 4610  of teachers shall, on or before the first day of August,
 4611  November, February, and May of each year, draw its check payable
 4612  to the department for the respective amounts due the several
 4613  funds of the retirement system. Upon receipt of the check, the
 4614  department shall immediately transfer the amounts due to the
 4615  several funds of the retirement system the amounts due,
 4616  provided, however, that the amounts due the several funds of the
 4617  retirement system from any such association or corporation for
 4618  creditable service accruing to any such member before July 1,
 4619  1947, shall be paid prior to the retirement of any such member.
 4620         Section 134. Subsection (1) of section 238.12, Florida
 4621  Statutes, is amended to read:
 4622         238.12 Duties of employers.—
 4623         (1) Each employer shall keep such records and, from time to
 4624  time, shall furnish such information as the department of
 4625  Management Services may require in the discharge of its duties.
 4626  Upon the employment of any teacher to whom this chapter may
 4627  apply, the teacher shall be informed by his or her employer of
 4628  his or her duties and obligations in connection with the
 4629  retirement system as a condition of his or her employment. Every
 4630  teacher accepting employment shall be deemed to consent and
 4631  agree to any deductions from his or her compensation required in
 4632  this chapter and to all other provisions of this chapter.
 4633         Section 135. Section 238.15, Florida Statutes, is amended
 4634  to read:
 4635         238.15 Exemption of funds from taxation, execution, and
 4636  assignment.—The pensions, annuities or any other benefits
 4637  accrued or accruing to any person under the provisions of this
 4638  chapter and the accumulated contributions and cash securities in
 4639  the funds created under this chapter are exempted from any
 4640  state, county or municipal tax of the state, and are shall not
 4641  be subject to execution or attachment or to any legal process
 4642  whatsoever, and shall be unassignable, except:
 4643         (1) That any teacher who has retired may shall have the
 4644  right and power to authorize the department in writing the
 4645  department of Management Services to deduct from his or her
 4646  monthly retirement allowance money for the payment of the
 4647  premiums on group insurance for hospital, medical and surgical
 4648  benefits, under a plan or plans for such benefits approved in
 4649  writing by the Chief Financial Officer, and upon receipt of such
 4650  request the department shall make the monthly payments as
 4651  directed; and
 4652         (2) As may be otherwise specifically provided for in this
 4653  chapter.
 4654         Section 136. Paragraph (b) of subsection (3) of section
 4655  238.171, Florida Statutes, is amended to read:
 4656         238.171 Monthly allowance; when made.—
 4657         (3)
 4658         (b) On July 1, 1975, and each July 1 thereafter, the
 4659  department of Management Services shall adjust the monthly
 4660  allowance being paid on that said date. The percentage of such
 4661  adjustment is shall be equal to the percentage change in the
 4662  average cost-of-living index during the preceding 12-month
 4663  period, April 1 through March 31, ignoring changes in the cost
 4664  of-living index which are greater than 3 percent during the
 4665  preceding fiscal year.
 4666         Section 137. Paragraph (b) of subsection (2) of section
 4667  238.181, Florida Statutes, is amended to read:
 4668         238.181 Reemployment after retirement; conditions and
 4669  limitations.—
 4670         (2)
 4671         (b) Any person to whom the limitation in paragraph (a)
 4672  applies who violates such reemployment limitation and who is
 4673  reemployed with any agency participating in the Florida
 4674  Retirement System before completing completion of the 12-month
 4675  limitation period must shall give timely notice of this fact in
 4676  writing to his or her employer and to the department of
 4677  Management Services and shall have his or her retirement
 4678  benefits suspended for the balance of the 12-month limitation
 4679  period. Any person employed in violation of this paragraph and
 4680  any employing agency that which knowingly employs or appoints
 4681  such person without notifying the department to suspend
 4682  retirement benefits are shall be jointly and severally liable
 4683  for reimbursement to the retirement trust fund of any benefits
 4684  paid during the reemployment limitation period. To avoid
 4685  liability, the such employing agency shall have a written
 4686  statement from the retiree that he or she is not retired from a
 4687  state-administered retirement system. Any retirement benefits
 4688  received must while reemployed during this reemployment
 4689  limitation period shall be repaid to the retirement trust fund,
 4690  and retirement benefits shall remain suspended until such
 4691  repayment has been made. Benefits suspended beyond the
 4692  reemployment limitation shall apply toward repayment of benefits
 4693  received in violation of the reemployment limitation.
 4694         Section 138. Section 238.32, Florida Statutes, is amended
 4695  to read:
 4696         238.32 Service credit in disputed cases.—The department of
 4697  Management Services may in its discretion allow or deny a member
 4698  service credit in disputed or doubtful cases for employment in
 4699  in this state Florida and in out-of-state schools in order to
 4700  serve the best interests of the state and the member, subject to
 4701  the membership dates set forth in s. 238.06(4).
 4702         Section 139. Subsection (6) of section 250.22, Florida
 4703  Statutes, is amended to read:
 4704         250.22 Retirement.—
 4705         (6) All powers, duties, and functions related to the
 4706  administration of this section are vested in the Department of
 4707  Personnel Management Services.
 4708         Section 140. Subsection (4) of section 252.385, Florida
 4709  Statutes, is amended to read:
 4710         252.385 Public shelter space.—
 4711         (4)(a) Public facilities, including schools, postsecondary
 4712  education facilities, and other facilities owned or leased by
 4713  the state or local governments, but excluding hospitals, hospice
 4714  care facilities, assisted living facilities, and nursing homes,
 4715  which are suitable for use as public hurricane evacuation
 4716  shelters shall be made available at the request of the local
 4717  emergency management agencies. The local emergency management
 4718  agency shall coordinate with these entities to ensure that
 4719  designated facilities are ready to activate before prior to a
 4720  specific hurricane or disaster. Such agencies shall coordinate
 4721  with the appropriate school board, university, community
 4722  college, state agency, or local governing board when requesting
 4723  the use of such facilities as public hurricane evacuation
 4724  shelters.
 4725         (b) The Department of Environmental Protection Management
 4726  Services shall:
 4727         (a) Incorporate provisions for the use of suitable leased
 4728  public facilities as public hurricane evacuation shelters into
 4729  lease agreements for state agencies. Suitable leased public
 4730  facilities include leased public facilities that are solely
 4731  occupied by state agencies and have at least 2,000 square feet
 4732  of net floor area in a single room or in a combination of rooms
 4733  having a minimum of 400 square feet in each room. The net square
 4734  footage of floor area shall be determined by subtracting from
 4735  the gross square footage the square footage of spaces such as
 4736  mechanical and electrical rooms, storage rooms, open corridors,
 4737  restrooms, kitchens, science or computer laboratories, shop or
 4738  mechanical areas, administrative offices, records vaults, and
 4739  crawl spaces.
 4740         (b)(c)The Department of Management Services shall, In
 4741  consultation with local and state emergency management agencies,
 4742  assess department of Management Services facilities to identify
 4743  the extent to which each facility has public hurricane
 4744  evacuation shelter space. The department of Management Services
 4745  shall submit proposed facility retrofit projects that
 4746  incorporate hurricane protection enhancements to the department
 4747  for assessment and inclusion in the annual report prepared in
 4748  accordance with subsection (3).
 4749         (c)(d)The Department of Management Services shall Include
 4750  in the annual state facilities inventory report required under
 4751  ss. 216.015-216.016 a separate list of state-owned facilities,
 4752  including, but not limited to, meeting halls, auditoriums,
 4753  conference centers, and training centers that have unoccupied
 4754  space suitable for use as an emergency shelter during a storm or
 4755  other catastrophic event. Facilities must be listed by the
 4756  county and municipality where the facility is located and must
 4757  be made available in accordance with this subsection paragraph
 4758  (a). As used in this paragraph, the term “suitable for use as an
 4759  emergency shelter” means meeting the standards set by the
 4760  American Red Cross for a hurricane evacuation shelter, and the
 4761  term “unoccupied” means vacant due to suspended operation or
 4762  nonuse. The list must be updated by May 31 of each year.
 4763         Section 141. Paragraph (b) of subsection (6) of section
 4764  253.034, Florida Statutes, is amended to read:
 4765         253.034 State-owned lands; uses.—
 4766         (6) The Board of Trustees of the Internal Improvement Trust
 4767  Fund shall determine which lands, the title to which is vested
 4768  in the board, may be surplused. For conservation lands, the
 4769  board shall make a determination that the lands are no longer
 4770  needed for conservation purposes and may dispose of them by an
 4771  affirmative vote of at least three members. In the case of a
 4772  land exchange involving the disposition of conservation lands,
 4773  the board must determine by an affirmative vote of at least
 4774  three members that the exchange will result in a net positive
 4775  conservation benefit. For all other lands, the board shall make
 4776  a determination that the lands are no longer needed and may
 4777  dispose of them by an affirmative vote of at least three
 4778  members.
 4779         (b) For any lands purchased by the state on or after July
 4780  1, 1999, a determination shall be made by the board before prior
 4781  to acquisition as to those parcels that shall be designated as
 4782  having been acquired for conservation purposes. No Lands
 4783  acquired for use by the Department of Corrections, the
 4784  Department of Environmental Protection Management Services for
 4785  use as state offices, the Department of Transportation, except
 4786  those specifically managed for conservation or recreation
 4787  purposes, or the State University System or the Florida
 4788  Community College System may not shall be designated as having
 4789  been purchased for conservation purposes.
 4790         Section 142. Subsection (2) of section 253.126, Florida
 4791  Statutes, is amended to read:
 4792         253.126 Legislative intent.—The limitations and
 4793  restrictions imposed by this chapter as amended by chapter 67
 4794  393, Laws of Florida, upon the construction of islands or the
 4795  extension or addition to existing lands or islands bordering on
 4796  or being in the navigable waters, as defined in s. 253.12, shall
 4797  apply to the state, its agencies and all political subdivisions
 4798  and governmental units. No other general or special act shall
 4799  operate to grant exceptions to this section unless this section
 4800  is specifically repealed thereby.
 4801         (2) The provisions of chapter 120 shall be accorded any
 4802  person where substantial interests will be affected by an
 4803  activity proposed to be conducted by such agency pursuant to its
 4804  certification and the department’s acceptance. If a proceeding
 4805  is conducted pursuant to ss. 120.569 and 120.57, the department
 4806  may intervene as a party. Should an administrative law judge of
 4807  the Division of Administrative Hearings of the Department of
 4808  Management Services submit a recommended order pursuant to ss.
 4809  120.569 and 120.57, the Department of Environmental Protection
 4810  shall issue a final department order adopting, rejecting, or
 4811  modifying the recommended order pursuant to such action.
 4812         Section 143. Subsection (1) of section 253.45, Florida
 4813  Statutes, is amended to read:
 4814         253.45 Sale or lease of phosphate, clay, minerals, etc., in
 4815  or under state lands.—
 4816         (1) The Board of Trustees of the Internal Improvement Trust
 4817  Fund may sell or lease any phosphate, earth or clay, sand,
 4818  gravel, shell, mineral, metal, timber or water, or any other
 4819  substance similar to the foregoing, in, on, or under, any land
 4820  the title to which is vested in the state, the Department of
 4821  Management Services, the Department of Environmental Protection,
 4822  the Fish and Wildlife Conservation Commission, the State Board
 4823  of Education, or any other state board, department, or agency;
 4824  provided that the board of trustees does may not grant such a
 4825  sale or lease on the land of any other state board, department,
 4826  or agency without first obtaining approval therefrom. Such No
 4827  sale or lease is not provided for in this section shall be
 4828  allowed on hard-surfaced beaches that are used for bathing or
 4829  driving and areas contiguous thereto out to a mean low-water
 4830  depth of 3 feet and landward to the nearest paved public road.
 4831  Any sale or lease provided for in this section shall be
 4832  conducted by competitive bidding as provided for in ss. 253.52,
 4833  253.53, and 253.54. The proceeds of such sales or leases are to
 4834  be credited to the board of trustees, board, department, or
 4835  agency that which has title or control of the land involved.
 4836         Section 144. Section 255.02, Florida Statutes, is amended
 4837  to read:
 4838         255.02 Boards authorized to replace buildings destroyed by
 4839  fire.—The Department of Environmental Protection Management
 4840  Services or any board or person having the direct supervision
 4841  and control of any state building or state property may rebuild
 4842  or replace have rebuilt or replaced, out of the proceeds from
 4843  the fire insurance on such buildings or property, any buildings
 4844  or property owned by the state, which is may be destroyed in
 4845  whole or in part by fire.
 4846         Section 145. Subsection (2) of section 255.043, Florida
 4847  Statutes, is amended to read:
 4848         255.043 Art in state buildings.—
 4849         (2) The Department of Environmental Protection Management
 4850  Services or other state agency agencies receiving appropriations
 4851  for original constructions shall notify the Florida Arts Council
 4852  and the user agency of any construction project that which is
 4853  eligible under the provisions of this section. The department of
 4854  Management Services or other state agency shall determine the
 4855  amount to be made available for purchase or commission of works
 4856  of art for each project and shall report these amounts to the
 4857  Florida Arts Council and the user agency. Payments therefor
 4858  shall be made from funds appropriated for fixed capital outlay
 4859  according to law.
 4860         Section 146. Paragraphs (a) and (b) of subsection (1) of
 4861  section 255.05, Florida Statutes, are amended to read:
 4862         255.05 Bond of contractor constructing public buildings;
 4863  form; action by materialmen.—
 4864         (1)(a) Any person entering into a formal contract with the
 4865  state or any county, municipality city, or political subdivision
 4866  thereof, or other public authority or private entity, for the
 4867  construction of a public building, for the prosecution and
 4868  completion of a public work, or for repairs upon a public
 4869  building or public work must shall be required, before
 4870  commencing the work or before recommencing the work after a
 4871  default or abandonment, to execute, deliver to the public owner,
 4872  and record in the public records of the county where the
 4873  improvement is located, a payment and performance bond with a
 4874  surety insurer authorized to do business in this state as
 4875  surety. A public entity may not require a contractor to secure a
 4876  surety bond under this section from a specific agent or bonding
 4877  company. The bond must state on its front page: the name,
 4878  principal business address, and phone number of the contractor,
 4879  the surety, the owner of the property being improved, and, if
 4880  different from the owner, the contracting public entity; the
 4881  contract number assigned by the contracting public entity; and a
 4882  description of the project sufficient to identify it, such as a
 4883  legal description or the street address of the property being
 4884  improved, and a general description of the improvement. Such
 4885  bond must shall be conditioned upon the contractor’s performance
 4886  of the construction work in the time and manner prescribed in
 4887  the contract and promptly making payments to all persons defined
 4888  in s. 713.01 who furnish labor, services, or materials for the
 4889  prosecution of the work provided for in the contract. Any
 4890  claimant may apply to the governmental entity having charge of
 4891  the work for copies of the contract and bond and shall thereupon
 4892  be furnished with a certified copy of the contract and bond. The
 4893  claimant shall have a right of action against the contractor and
 4894  surety for the amount due him or her, including unpaid finance
 4895  charges due under the claimant’s contract. Such action may shall
 4896  not involve the public authority in any expense. If When such
 4897  work is done for the state and the contract is for $100,000 or
 4898  less, a no payment and performance bond is not shall be
 4899  required. At the discretion of the official or board awarding
 4900  such contract when such work is done for any county,
 4901  municipality city, political subdivision, or public authority,
 4902  any person entering into such a contract which is for $200,000
 4903  or less may be exempted from executing the payment and
 4904  performance bond. If When such work is done for the state, the
 4905  Secretary of Environmental Protection Management Services may
 4906  delegate to state agencies the authority to exempt any person
 4907  entering into such a contract amounting to more than $100,000
 4908  but less than $200,000 from executing the payment and
 4909  performance bond. If In the event such exemption is granted, the
 4910  officer or officials may shall not be held personally liable to
 4911  persons suffering loss because of granting such exemption. The
 4912  Department of Environmental Protection Management Services shall
 4913  maintain information on the number of requests by state agencies
 4914  for delegation of authority to waive the bond requirements by
 4915  agency and project number and whether any request for delegation
 4916  was denied and the justification for the denial. Any provision
 4917  in a payment bond furnished for public work contracts as
 4918  provided by this subsection which restricts the classes of
 4919  persons as defined in s. 713.01 protected by the bond or the
 4920  venue of any proceeding relating to such bond is unenforceable.
 4921         (b) The Department of Environmental Protection Management
 4922  Services shall adopt rules with respect to all contracts for
 4923  $200,000 or less, to provide:
 4924         1. Procedures for retaining up to 10 percent of each
 4925  request for payment submitted by a contractor and procedures for
 4926  determining disbursements from the amount retained on a pro rata
 4927  basis to laborers, materialmen, and subcontractors, as defined
 4928  in s. 713.01.
 4929         2. Procedures for requiring certification from laborers,
 4930  materialmen, and subcontractors, as defined in s. 713.01, prior
 4931  to final payment to the contractor that such laborers,
 4932  materialmen, and subcontractors have no claims against the
 4933  contractor resulting from the completion of the work provided
 4934  for in the contract.
 4935  
 4936  The state shall not be held liable to any laborer, materialman,
 4937  or subcontractor for any amounts greater than the pro rata share
 4938  as determined under this section.
 4939         Section 147. Subsection (1) of section 255.0525, Florida
 4940  Statutes, is amended to read:
 4941         255.0525 Advertising for competitive bids or proposals.—
 4942         (1) The solicitation of competitive bids or proposals for
 4943  any state construction project that is projected to cost more
 4944  than $200,000 must shall be publicly advertised once in the
 4945  Florida Administrative Weekly at least 21 days before prior to
 4946  the established bid opening. For state construction projects
 4947  that are projected to cost more than $500,000, the advertisement
 4948  must shall be published in the Florida Administrative Weekly at
 4949  least 30 days before prior to the established bid opening and at
 4950  least once in a newspaper of general circulation in the county
 4951  where the project is located at least 30 days before prior to
 4952  the established bid opening and at least 5 days before a prior
 4953  to any scheduled prebid conference. The bids or proposals must
 4954  shall be received and opened publicly at the location, date, and
 4955  time established in the bid or proposal advertisement. In cases
 4956  of emergency, the Secretary of Environmental Protection
 4957  Management Services may alter these the procedures required in
 4958  this section in any manner that is reasonable under the
 4959  emergency circumstances.
 4960         Section 148. Subsection (3) of section 255.248, Florida
 4961  Statutes, is amended to read:
 4962         255.248 Definitions; ss. 255.249 and 255.25.—As used in ss.
 4963  255.249 and 255.25, the term:
 4964         (3) “Department” means the Department of Environmental
 4965  Protection Management Services.
 4966         Section 149. Section 255.249, Florida Statutes, is amended
 4967  to read:
 4968         255.249 Department responsibilities of Management Services;
 4969  responsibility; department rules.—
 4970         (1) The department shall have responsibility and authority
 4971  for the custodial and preventive maintenance, repair, and
 4972  allocation of space of all buildings in the Florida Facilities
 4973  Pool and the grounds located adjacent thereto.
 4974         (2) The department shall require any state agency planning
 4975  to terminate a lease for the purpose of occupying space in a new
 4976  state-owned office building, the funds for which are
 4977  appropriated after June 30, 2000, to state why the proposed
 4978  relocation is in the best interest of the state.
 4979         (3)(a) The department shall, to the extent feasible,
 4980  coordinate the vacation of privately owned leased space with the
 4981  expiration of the lease on that space and, if when a lease is
 4982  terminated before expiration of its base term, shall will make a
 4983  reasonable effort to place another state agency in the space
 4984  vacated. Any state agency may lease the space in any building
 4985  that was subject to a lease terminated by a state agency for a
 4986  period of time equal to the remainder of the base term without
 4987  the requirement of competitive solicitation.
 4988         (b) The department shall develop and implement a strategic
 4989  leasing plan. The strategic leasing plan must shall forecast
 4990  space needs for all state agencies and identify opportunities
 4991  for reducing costs through consolidation, relocation,
 4992  reconfiguration, capital investment, and the building or
 4993  acquisition of state-owned space.
 4994         (c) The department shall annually publish a master leasing
 4995  report. The department shall furnish the master leasing report
 4996  to the Executive Office of the Governor and the Legislature by
 4997  September 15 of each year which provides the following
 4998  information:
 4999         1. A list, by agency and by geographic market, of all
 5000  leases that are due to expire within 24 months.
 5001         2. Details of each lease, including location, size, cost
 5002  per leased square foot, lease-expiration date, and a
 5003  determination of whether sufficient state-owned office space
 5004  will be available at the expiration of the lease to accommodate
 5005  affected employees.
 5006         3. A list of amendments and supplements to and waivers of
 5007  terms and conditions in lease agreements that have been approved
 5008  pursuant to s. 255.25(2)(a) during the previous 12 months and an
 5009  associated comprehensive analysis, including financial
 5010  implications, showing that any amendment, supplement, or waiver
 5011  is in the state’s long-term best interest.
 5012         4. Financial impacts to the pool rental rate due to the
 5013  sale, removal, acquisition, or construction of pool facilities.
 5014         5. Changes in occupancy rate, maintenance costs, and
 5015  efficiency costs of leases in the state portfolio. Changes to
 5016  occupancy costs in leased space by market and changes to space
 5017  consumption by agency and by market.
 5018         6. An analysis of portfolio supply and demand.
 5019         7. Cost-benefit analyses of acquisition, build, and
 5020  consolidation opportunities, recommendations for strategic
 5021  consolidation, and strategic recommendations for disposition,
 5022  acquisition, and building.
 5023         8. The updated plan required by s. 255.25(4)(c).
 5024         (d) By June 30 of each year, each state agency shall
 5025  annually provide to the department all information regarding
 5026  agency programs affecting the need for or use of space by that
 5027  agency, reviews of lease-expiration schedules for each
 5028  geographic area, active and planned full-time equivalent data,
 5029  business case analyses related to consolidation plans by an
 5030  agency, a telecommuting program, and current occupancy and
 5031  relocation costs, inclusive of furnishings, fixtures and
 5032  equipment, data, and communications.
 5033         (4) The department shall adopt rules pursuant to chapter
 5034  120 providing:
 5035         (a) Methods for accomplishing the duties outlined in
 5036  subsection (1).
 5037         (b) Procedures for soliciting and accepting competitive
 5038  solicitations for leased space of 5,000 square feet or more in
 5039  privately owned buildings, for evaluating the proposals
 5040  received, for exemption from competitive solicitations
 5041  requirements of any lease the purpose of which is the provision
 5042  of care and living space for persons or emergency space needs as
 5043  provided in s. 255.25(10), and for the securing of at least
 5044  three documented quotes for a lease that is not required to be
 5045  competitively solicited.
 5046         (c) A standard method for determining square footage or any
 5047  other measurement used as the basis for lease payments or other
 5048  charges.
 5049         (d) Methods of allocating space in both state-owned office
 5050  buildings and privately owned buildings leased by the state
 5051  based on use, personnel, and office equipment.
 5052         (e)1. Acceptable terms and conditions for inclusion in
 5053  lease agreements.
 5054         2. Such terms and conditions must shall include, at a
 5055  minimum, the following clauses, which may not be amended,
 5056  supplemented, or waived:
 5057         1.a. As provided in s. 255.2502, “The State of Florida’s
 5058  performance and obligation to pay under this contract is
 5059  contingent upon an annual appropriation by the Legislature.”
 5060         2.b. “The Lessee shall have the right to terminate, without
 5061  penalty, this lease in the event a State-owned building becomes
 5062  available to the Lessee for occupancy upon giving 6 months’
 5063  advance written notice to the Lessor by Certified Mail, Return
 5064  Receipt Requested.”
 5065         (f) Maximum rental rates, by geographic areas or by county,
 5066  for leasing privately owned space.
 5067         (g) A standard method for the assessment of rent to state
 5068  agencies and other authorized occupants of state-owned office
 5069  space, notwithstanding the source of funds.
 5070         (h) For full disclosure of the names and the extent of
 5071  interest of the owners holding a 4-percent or more interest in
 5072  any privately owned property leased to the state or in the
 5073  entity holding title to the property, for exemption from such
 5074  disclosure of any beneficial interest which is represented by
 5075  stock in any corporation registered with the Securities and
 5076  Exchange Commission or registered pursuant to chapter 517, which
 5077  stock is for sale to the general public, and for exemption from
 5078  such disclosure of any leasehold interest in property located
 5079  outside the territorial boundaries of the United States.
 5080         (i) For full disclosure of the names of all public
 5081  officials, agents, or employees holding any interest in any
 5082  privately owned property leased to the state or in the entity
 5083  holding title to the property, and the nature and extent of
 5084  their interest;, for exemption from such disclosure of any
 5085  beneficial interest which is represented by stock in any
 5086  corporation registered with the Securities and Exchange
 5087  Commission or registered pursuant to chapter 517, which stock is
 5088  for sale to the general public;, and for exemption from such
 5089  disclosure of any leasehold interest in property located outside
 5090  the territorial boundaries of the United States.
 5091         (j) A method for reporting leases for nominal or no
 5092  consideration.
 5093         (k) For a lease of less than 5,000 square feet, a method
 5094  for certification by the agency head or the agency head’s
 5095  designated representative that all criteria for leasing have
 5096  been fully complied with and for the filing of a copy of such
 5097  lease and all supporting documents with the department for its
 5098  review and approval as to technical sufficiency and whether it
 5099  is in the best interests of the state.
 5100         (l) A standardized format for state agency reporting of the
 5101  information required by paragraph (3)(d).
 5102         (5) The department shall prepare a form listing all
 5103  conditions and requirements adopted pursuant to this chapter
 5104  which must be met by any state agency leasing any building or
 5105  part thereof. Before executing any lease, this form must shall
 5106  be certified by the agency head or a designee the agency head’s
 5107  designated representative and submitted to the department.
 5108         (6) The department may contract for real estate consulting
 5109  or tenant brokerage services in order to carry out its duties
 5110  relating to the strategic leasing plan. The contract must shall
 5111  be procured pursuant to s. 287.057. The vendor that is awarded
 5112  the contract shall be compensated by the department, subject to
 5113  the provisions of the contract, and such compensation is subject
 5114  to appropriation by the Legislature. The real estate consultant
 5115  or tenant broker may not receive compensation directly from a
 5116  lessor for services that are rendered pursuant to the contract.
 5117  Moneys paid to the real estate consultant or tenant broker are
 5118  exempt from any charge imposed under s. 287.1345. Moneys paid by
 5119  a lessor to the department under a facility-leasing arrangement
 5120  are not subject to the charges imposed under s. 215.20.
 5121         Section 150. Paragraphs (a) and (d) of subsection (2),
 5122  paragraphs (b) and (h) of subsection (3), paragraph (c) of
 5123  subsection (4), and subsections (5), (6), and (10) of section
 5124  255.25, Florida Statutes, are amended to read:
 5125         255.25 Approval required prior to construction or lease of
 5126  buildings.—
 5127         (2)(a) Except as provided in s. 255.2501, a state agency
 5128  may not lease a building or any part thereof unless prior
 5129  approval of the lease conditions and of the need for the lease
 5130  therefor is first obtained from the department. An Any approved
 5131  lease may include an option to purchase or an option to renew
 5132  the lease, or both, upon such terms and conditions as are
 5133  established by the department subject to final approval by the
 5134  head of the department of Management Services and s. 255.2502.
 5135         (d) Notwithstanding paragraph (a) and except as provided in
 5136  ss. 255.249 and 255.2501, a state agency may not lease a
 5137  building or any part thereof unless prior approval of the lease
 5138  terms and conditions and of the need therefor is first obtained
 5139  from the department. The department may not approve any term or
 5140  condition in a lease agreement which has been amended,
 5141  supplemented, or waived unless a comprehensive analysis,
 5142  including financial implications, demonstrates that such
 5143  amendment, supplement, or waiver is in the state’s long-term
 5144  best interest. Any approved lease may include an option to
 5145  purchase or an option to renew the lease, or both, upon such
 5146  terms and conditions as are established by the department
 5147  subject to final approval by the head of the department of
 5148  Management Services and the provisions of s. 255.2502.
 5149         (3)
 5150         (b) The department may of Management Services shall have
 5151  the authority to approve a lease for 5,000 square feet or more
 5152  of space that covers more than 1 fiscal year, subject to the
 5153  provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503, if
 5154  such lease is, in the judgment of the department, in the best
 5155  interests of the state. In determining best interest, the
 5156  department shall consider availability of state-owned space and
 5157  analyses of build-to-suit and acquisition opportunities. This
 5158  paragraph does not apply to buildings or facilities of any size
 5159  leased for the purpose of providing care and living space for
 5160  persons.
 5161         (h) The department of Management Services may, pursuant to
 5162  s. 287.042(2)(a), procure a term contract for real estate
 5163  consulting and brokerage services. A state agency may not
 5164  purchase services from the contract unless the contract has been
 5165  procured under s. 287.057(1), (2), or (3) after March 1, 2007,
 5166  and contains the following provisions or requirements:
 5167         1. Awarded brokers must maintain an office or presence in
 5168  the market served. In awarding the contract, preference must be
 5169  given to brokers that are licensed in this state under chapter
 5170  475 and that have 3 or more years of experience in the market
 5171  served. The contract may be made with up to three tenant brokers
 5172  in order to serve the marketplace in the north, central, and
 5173  south areas of the state.
 5174         2. Each contracted tenant broker shall work under the
 5175  direction, supervision, and authority of the state agency,
 5176  subject to the rules governing lease procurements.
 5177         3. The department shall provide training for the awarded
 5178  tenant brokers concerning the rules governing the procurement of
 5179  leases.
 5180         4. Tenant brokers must comply with all applicable
 5181  provisions of s. 475.278.
 5182         5. Real estate consultants and tenant brokers shall be
 5183  compensated by the state agency, subject to the provisions of
 5184  the term contract, and such compensation is subject to
 5185  appropriation by the Legislature. A real estate consultant or
 5186  tenant broker may not receive compensation directly from a
 5187  lessor for services that are rendered under the term contract.
 5188  Moneys paid to a real estate consultant or tenant broker are
 5189  exempt from any charge imposed under s. 287.1345. Moneys paid by
 5190  a lessor to the state agency under a facility leasing
 5191  arrangement are not subject to the charges imposed under s.
 5192  215.20. All terms relating to the compensation of the real
 5193  estate consultant or tenant broker must shall be specified in
 5194  the term contract and may not be supplemented or modified by the
 5195  state agency using the contract.
 5196         6. The department shall conduct periodic customer
 5197  satisfaction surveys.
 5198         7. Each state agency shall report the following information
 5199  to the department:
 5200         a. The number of leases that adhere to the goal of the
 5201  workspace-management initiative of 180 square feet per FTE.
 5202         b. The quality of space leased and the adequacy of tenant
 5203  improvement funds.
 5204         c. The timeliness of lease procurement, measured from the
 5205  date of the agency’s request to the finalization of the lease.
 5206         d. Whether cost-benefit analyses were performed before
 5207  execution of the lease in order to ensure that the lease is in
 5208  the best interest of the state.
 5209         e. The lease costs compared to market rates for similar
 5210  types and classifications of space according to the official
 5211  classifications of the Building Owners and Managers Association.
 5212         (4)
 5213         (c) Because the state has a substantial financial
 5214  investment in state-owned buildings, it is legislative policy
 5215  and intent that when state-owned buildings meet the needs of
 5216  state agencies, agencies must fully use such buildings before
 5217  leasing privately owned buildings. By September 15, 2006, The
 5218  department of Management Services shall create a 5-year plan for
 5219  implementing this policy. The department shall update this plan
 5220  annually, detailing proposed departmental actions to meet the
 5221  plan’s goals, and shall furnish this plan annually as part of
 5222  the master leasing report.
 5223         (5) Before construction or renovation of any state-owned
 5224  building or state-leased space is commenced, the department of
 5225  Management Services shall ascertain, by submission of proposed
 5226  plans to the Division of State Fire Marshal for review, that the
 5227  proposed construction or renovation plan complies with the
 5228  uniform firesafety standards required by the division of State
 5229  Fire Marshal. The review of construction or renovation plans for
 5230  state-leased space must shall be completed within 10 calendar
 5231  days after of receipt of the plans by the division of State Fire
 5232  Marshal. The review of construction or renovation plans for a
 5233  state-owned building must shall be completed within 30 calendar
 5234  days after of receipt of the plans by the division of State Fire
 5235  Marshal. The responsibility for submission and retrieval of the
 5236  plans called for in this subsection may shall not be imposed on
 5237  the design architect or engineer, but shall be the
 5238  responsibility of the two agencies. If Whenever the division of
 5239  State Fire Marshal determines that a construction or renovation
 5240  plan is not in compliance with such uniform firesafety
 5241  standards, the division of State Fire Marshal may issue an order
 5242  to cease all construction or renovation activities until
 5243  compliance is obtained, except those activities required to
 5244  achieve such compliance. The department of Management Services
 5245  shall withhold approval of any proposed lease until the
 5246  construction or renovation plan complies with the division’s
 5247  uniform firesafety standards of the Division of State Fire
 5248  Marshal. The cost of all modifications or renovations made for
 5249  the purpose of bringing leased property into compliance with the
 5250  uniform firesafety standards shall be borne by the lessor.
 5251         (6) Before construction or substantial improvement of any
 5252  state-owned building is commenced, the department of Management
 5253  Services must ascertain that the proposed construction or
 5254  substantial improvement complies with the flood plain management
 5255  criteria for mitigation of flood hazards, as prescribed in the
 5256  October 1, 1986, rules and regulations of the Federal Emergency
 5257  Management Agency, and the department shall monitor the project
 5258  to assure compliance with the criteria. In accordance with
 5259  chapter 120, The department of Management Services shall adopt
 5260  any necessary rules necessary to ensure that all such proposed
 5261  state construction and substantial improvement of state
 5262  buildings in designated flood-prone areas complies with the
 5263  flood plain management criteria. If Whenever the department
 5264  determines that a construction or substantial improvement
 5265  project is not in compliance with the established flood plain
 5266  management criteria, the department may issue an order to cease
 5267  all construction or improvement activities until compliance is
 5268  obtained, except those activities required to achieve such
 5269  compliance.
 5270         (10) The department of Management Services may approve
 5271  emergency acquisition of space without competitive bids if
 5272  existing state-owned or state-leased space is destroyed or
 5273  rendered uninhabitable by an act of God, fire, malicious
 5274  destruction, or structural failure, or by legal action, if the
 5275  chief administrator of the state agency or the chief
 5276  administrator’s designee designated representative certifies in
 5277  writing that no other agency-controlled space is available to
 5278  meet this emergency need, but in no case shall the lease for
 5279  such space exceed 11 months. If the lessor elects not to replace
 5280  or renovate the destroyed or uninhabitable facility, the agency
 5281  shall procure the needed space by competitive bid in accordance
 5282  with s. 255.249(4)(b). If the lessor elects to replace or
 5283  renovate the destroyed or uninhabitable facility and the
 5284  construction or renovations will not be complete at the end of
 5285  the 11-month lease, the agency may modify the lease to extend it
 5286  on a month-to-month basis for an additional 6 months to allow
 5287  completion of such construction or renovations.
 5288         Section 151. Subsections (1) and (2) of section 255.25001,
 5289  Florida Statutes, are amended to read:
 5290         255.25001 Suspension or delay of specified functions,
 5291  programs, and requirements relating to governmental operations.
 5292  Notwithstanding the provisions of:
 5293         (1) Section 946.504(3), as amended by chapter 92-279, Laws
 5294  of Florida, the Department of Environmental Protection is
 5295  Management Services shall not be required to participate with
 5296  the Department of Corrections in the correctional work program
 5297  (PRIDE) leasing process.
 5298         (2) Sections 253.025 and 255.25, the Department of
 5299  Environmental Protection may adopt Management Services has the
 5300  authority to promulgate rules pursuant to chapter 120 to be used
 5301  in determining whether a lease-purchase of a state-owned office
 5302  building is in the best interests of the state, which rules
 5303  provide:
 5304         (a) Procedures state agencies shall will follow to certify
 5305  the need for a lease-purchase acquisition for a state-owned
 5306  office building to the department of Management Services and a
 5307  notification procedure of the department’s decision regarding
 5308  state agencies’ requests for a lease-purchase agreement. The
 5309  certification process shall include but not be limited to the
 5310  following:
 5311         1. Current programmatic space requirements of the state
 5312  agency.
 5313         2. Future programmatic space requirements of the state
 5314  agency.
 5315         3. Time considerations in providing state-owned office
 5316  building space.
 5317         4. An analysis of existing leases affected by the lease
 5318  purchase agreement.
 5319         (b) Procedures and document formats for the advertisement,
 5320  competitive bid process, including format of submissions, and
 5321  evaluation of lease-purchase acquisition proposals for state
 5322  owned office buildings. The evaluation process shall include but
 5323  not be limited to the following:
 5324         1. A consideration of the cost of comparable operating
 5325  leases.
 5326         2. The appraised value of the facility as required by s.
 5327  253.025.
 5328         3. A present value analysis of the proposed payment stream.
 5329         4. The cost of financing the facility to be acquired.
 5330         5. The cost to repair identified physical defects.
 5331         6. The cost to remove identified hazardous substances.
 5332         7. An energy analysis.
 5333         8. A determination of who is responsible for management and
 5334  maintenance activities.
 5335  
 5336  In order to minimize the cost of the evaluation process, the
 5337  department of Management Services may develop a multistage
 5338  evaluation process to identify the most cost-efficient proposals
 5339  for extensive evaluation. The studies developed as a result of
 5340  this evaluation process are shall be considered confidential and
 5341  exempt from the provisions of s. 119.07(1) to the same extent
 5342  that appraisal reports are considered confidential and exempt
 5343  from the provisions of s. 119.07(1) as provided in s.
 5344  253.025(6)(d).
 5345         (c) Acceptable terms and conditions for inclusion in lease
 5346  purchase agreements, which shall include, but are not be limited
 5347  to:
 5348         1. The assignment of the lease-purchase agreement to other
 5349  governmental entities, including accumulated equity.
 5350         2. The ability of the acquiring state agency to sublease up
 5351  to 25 percent of a portion of the facility, not to exceed 25
 5352  percent, to other governmental entities. These subleases must
 5353  shall provide for the recovery of the agencies’ cost of
 5354  operations and maintenance.
 5355  
 5356  The execution of a lease-purchase is conditioned upon a finding
 5357  by the Department of Environmental Protection Management
 5358  Services that it would be in the best interests of the state.
 5359  The language in This subsection shall be considered specific
 5360  authorization for a lease-purchase pursuant to s. 255.25(1)(c)
 5361  upon the department’s Department of Management Services’
 5362  certification that the lease-purchase is in the best interests
 5363  of the state. Thereafter, the agency may is authorized to enter
 5364  into a lease-purchase agreement and to expend operating funds
 5365  for lease-purchase payments. Any facility that which is acquired
 5366  pursuant to the processes authorized by this subsection is shall
 5367  be considered to be a “state-owned office building” and a
 5368  “state-owned building” as those terms are applied in ss.
 5369  255.248-255.25.
 5370         (d) That any costs resulting from the processes authorized
 5371  by this subsection, including but not limited to appraisals,
 5372  environmental analyses, and any other studies that which may be
 5373  required under these provisions, shall be borne by the owner of
 5374  the property that which is the subject of the proposed lease
 5375  purchase.
 5376         Section 152. Subsection (5) of section 255.252, Florida
 5377  Statutes, is amended to read:
 5378         255.252 Findings and intent.—
 5379         (5) Each state agency occupying space within buildings
 5380  owned or managed by the Department of Environmental Protection
 5381  Management Services must identify and compile a list of projects
 5382  determined to be suitable for a guaranteed energy, water, and
 5383  wastewater performance savings contract pursuant to s. 489.145.
 5384  The list of projects compiled by each state agency shall be
 5385  submitted to the department of Management Services by December
 5386  31, 2008, and must include all criteria used to determine
 5387  suitability. The list of projects shall be developed from the
 5388  list of state-owned facilities more than 5,000 square feet in
 5389  area and for which the state agency is responsible for paying
 5390  the expenses of utilities and other operating expenses as they
 5391  relate to energy use. In consultation with the head of each
 5392  state agency, by July 1, 2009, the department shall prioritize
 5393  all projects deemed suitable by each state agency and shall
 5394  develop an energy-efficiency project schedule based on factors
 5395  such as project magnitude, efficiency and effectiveness of
 5396  energy conservation measures to be implemented, and other
 5397  factors that may prove to be advantageous to pursue. The
 5398  schedule shall provide the deadline for guaranteed energy,
 5399  water, and wastewater performance savings contract improvements
 5400  to be made to the state-owned buildings.
 5401         Section 153. Subsection (1) of section 255.253, Florida
 5402  Statutes, is amended to read:
 5403         255.253 Definitions; ss. 255.251-255.258.—
 5404         (1) “Department” means the Department of Environmental
 5405  Protection Management Services.
 5406         Section 154. Subsection (3) of section 255.257, Florida
 5407  Statutes, is amended to read:
 5408         255.257 Energy management; buildings occupied by state
 5409  agencies.—
 5410         (3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.—The
 5411  department of Management Services shall develop a state energy
 5412  management plan consisting of, but not limited to, the following
 5413  elements:
 5414         (a) Data-gathering requirements;
 5415         (b) Building energy audit procedures;
 5416         (c) Uniform data analysis procedures;
 5417         (d) Employee energy education program measures;
 5418         (e) Energy consumption reduction techniques;
 5419         (f) Training program for state agency energy management
 5420  coordinators; and
 5421         (g) Guidelines for building managers.
 5422  
 5423  The plan must shall include a description of actions that state
 5424  agencies shall take to reduce consumption of electricity and
 5425  nonrenewable energy sources used for space heating and cooling,
 5426  ventilation, lighting, water heating, and transportation.
 5427         Section 155. Subsection (2) of section 255.2575, Florida
 5428  Statutes, is amended to read:
 5429         255.2575 Energy-efficient and sustainable buildings.—
 5430         (2) All county, municipal, school district, water
 5431  management district, state university, community college, and
 5432  Florida state court buildings shall be constructed to meet the
 5433  United States Green Building Council (USGBC) Leadership in
 5434  Energy and Environmental Design (LEED) rating system, the Green
 5435  Building Initiative’s Green Globes rating system, the Florida
 5436  Green Building Coalition standards, or a nationally recognized,
 5437  high-performance green building rating system as approved by the
 5438  department of Management Services. This section applies shall
 5439  apply to all county, municipal, school district, water
 5440  management district, state university, community college, and
 5441  Florida state court buildings the architectural plans of which
 5442  are commenced after July 1, 2008.
 5443         Section 156. Subsections (2) and (3) of section 255.259,
 5444  Florida Statutes, are amended to read:
 5445         255.259 Florida-friendly landscaping on public property.—
 5446         (2) As used in this section, “publicly owned buildings or
 5447  facilities” means construction projects under the purview of the
 5448  Department of Environmental Protection Management Services. The
 5449  term does not include environmentally endangered land or roads
 5450  and highway construction under the purview of the Department of
 5451  Transportation.
 5452         (3) The Department of Management Services, in consultation
 5453  with the Department of Environmental Protection, shall adopt
 5454  rules and guidelines for the required use of Florida-friendly
 5455  landscaping on public property associated with publicly owned
 5456  buildings or facilities constructed after June 30, 2009. The
 5457  department of Management Services shall also develop a 5-year
 5458  program for phasing in the use of Florida-friendly landscaping
 5459  on public property associated with publicly owned buildings or
 5460  facilities constructed before July 1, 2009. In accomplishing
 5461  these tasks, the department of Management Services shall take
 5462  into account the standards provided in s. 373.185. The
 5463  Department of Transportation shall implement Florida-friendly
 5464  landscaping pursuant to s. 335.167.
 5465         Section 157. Paragraphs (c) and (d) of subsection (1) of
 5466  section 255.28, Florida Statutes, are amended to read:
 5467         255.28 Department authority to acquire land with or for
 5468  facility thereon.—
 5469         (1) For the purposes of this section:
 5470         (c) “Building” or “facility” means those construction
 5471  projects under the purview of the department of Management
 5472  Services. It shall not include Environmentally endangered land,
 5473  recreational land, or roads and highway construction under the
 5474  purview of the Department of Transportation are not included.
 5475         (d) “Department” means the Department of Environmental
 5476  Protection Management Services.
 5477         Section 158. Section 255.29, Florida Statutes, is amended
 5478  to read:
 5479         255.29 Construction contracts; department rules.—The
 5480  Department of Environmental Protection Management Services shall
 5481  establish by rule, through the adoption of administrative rules
 5482  as provided in chapter 120:
 5483         (1) Procedures for determining the qualifications and
 5484  responsibility of potential bidders before prior to
 5485  advertisement for and receipt of bids for building construction
 5486  contracts, including procedures for the rejection of bidders who
 5487  are reasonably determined from prior experience to be
 5488  unqualified or irresponsible to perform the work required by a
 5489  proposed contract.
 5490         (2) Procedures for awarding each state agency construction
 5491  project to the lowest qualified bidder as well as procedures to
 5492  be followed when in cases in which the department of Management
 5493  Services declares the existence of a valid emergency that
 5494  necessitates to exist which would necessitate the waiver of the
 5495  rules governing the awarding of state construction contracts to
 5496  the lowest qualified bidder.
 5497         (3) Procedures to govern negotiations for construction
 5498  contracts and modifications to contract documents if when such
 5499  negotiations are determined by the secretary of the department
 5500  of Management Services to be in the best interest of the state.
 5501         (4) Procedures for entering into performance-based
 5502  contracts for the development of public facilities when the
 5503  department of Management Services determines the use of such
 5504  contracts to be in the best interest of the state. The
 5505  procedures must shall include, but are not limited to:
 5506         (a) Prequalification of bidders;
 5507         (b) Criteria to be used in developing requests for
 5508  proposals which may provide for singular responsibility for
 5509  design and construction, developer flexibility in material
 5510  selection, construction techniques, and application of state-of
 5511  the-art improvements;
 5512         (c) Accelerated scheduling, including the development of
 5513  plans, designs, and construction simultaneously; and
 5514         (d) Evaluation of proposals and award of contracts
 5515  considering such factors as price, quality, and concept of the
 5516  proposal.
 5517         Section 159. Subsection (1) of section 255.30, Florida
 5518  Statutes, is amended to read:
 5519         255.30 Fixed capital outlay projects; department rules;
 5520  delegation of supervisory authority; delegation of
 5521  responsibility for accounting records.—
 5522         (1) The Department of Environmental Protection Management
 5523  Services shall make and adopt rules pursuant to chapter 120 in
 5524  order to establish a procedure for delegating to state agencies
 5525  its supervisory authority as it relates to the repair,
 5526  alteration, and construction of fixed capital outlay projects.
 5527         Section 160. Section 255.31, Florida Statutes, is amended
 5528  to read:
 5529         255.31 Authority to the Department of Management Services
 5530  to manage construction projects for state and local
 5531  governments.—
 5532         (1) The design, construction, erection, alteration,
 5533  modification, repair, and demolition of all public and private
 5534  buildings are governed by the Florida Building Code and the
 5535  Florida Fire Prevention Code, which are to be enforced by local
 5536  jurisdictions or local enforcement districts unless specifically
 5537  exempted as provided in s. 553.80. However, the Department of
 5538  Environmental Protection Management Services shall provide the
 5539  project management and administration services for the
 5540  construction, renovation, repair, modification, or demolition of
 5541  buildings, utilities, parks, parking lots, or other facilities
 5542  or improvements for projects for which the funds are
 5543  appropriated to the department. However; provided that, with the
 5544  exception of facilities constructed under the authority of
 5545  chapters 944, 945, and 985; the Governor’s mansion and grounds
 5546  thereof, as described in s. 272.18; and the Capitol Building and
 5547  environs, being that part of the City of Tallahassee bounded on
 5548  the north by Pensacola and Jefferson Streets, on the east by
 5549  Monroe Street, on the south by Madison Street, and on the west
 5550  by Duval Street, the department may not conduct plans reviews or
 5551  inspection services for consistency with the Florida Building
 5552  Code. The department’s fees for such services shall be paid from
 5553  such appropriations.
 5554         (2) The Department of Environmental Protection Management
 5555  Services may, upon request, enter into contracts with other
 5556  state agencies under which the department may provide the
 5557  project management, administration services, or assistance for
 5558  the construction, renovation, repair, modification, or
 5559  demolition of buildings, utilities, parks, parking lots, or
 5560  other facilities or improvements for projects for which the
 5561  funds are appropriated to other state agencies; however,
 5562  provided that the department may does not conduct plans reviews
 5563  or inspection services for consistency with the Florida Building
 5564  Code. The contracts must shall provide for payment of fees to
 5565  the department.
 5566         (3) This section may shall not be construed to be in
 5567  derogation of any authority conferred on the department by other
 5568  provisions of law.
 5569         Section 161. Paragraph (d) of subsection (1) of section
 5570  255.32, Florida Statutes, is amended to read:
 5571         255.32 State construction management contracting.—
 5572         (1) As used in this section, the term:
 5573         (d) “Department” means the Department of Environmental
 5574  Protection Management Services.
 5575         Section 162. Section 255.45, Florida Statutes, is amended
 5576  to read:
 5577         255.45 Correction of firesafety violations in certain
 5578  state-owned property.—The Department of Environmental Protection
 5579  Management Services is responsible for ensuring that firesafety
 5580  violations that are noted by the State Fire Marshal pursuant to
 5581  s. 633.085 are corrected as soon as practicable for all state
 5582  owned property which is leased from the department of Management
 5583  Services.
 5584         Section 163. Section 255.451, Florida Statutes, is amended
 5585  to read:
 5586         255.451 Electronic firesafety and security system.—The
 5587  management responsibility of the electronic firesafety and
 5588  security system located within the Capitol and any associated
 5589  system associated therewith is vested in the Department of
 5590  Environmental Protection Management Services.
 5591         Section 164. Present subsections (6) through (18) of
 5592  section 255.502, Florida Statutes, are redesignated as
 5593  subsections (7) through (15), a new subsection (6) is added to
 5594  that section, and paragraphs (c), (d), and (l) of subsections
 5595  (2), and present subsections (5), (7), (10), (12), (14), and
 5596  (16) of that section, are amended to read:
 5597         255.502 Definitions; ss. 255.501-255.525.—As used in this
 5598  act, the following words and terms shall have the following
 5599  meanings unless the context otherwise requires:
 5600         (2) “Acquisition costs” means all reasonable and necessary
 5601  costs incurred in the acquisition of a facility, which costs may
 5602  include, but are not limited to:
 5603         (c) Any expenses relating to the issuance of the
 5604  obligations by the division in the name and on behalf of the
 5605  department of Management Services, including, but not limited
 5606  to, private placement fees, underwriting fees, original issue
 5607  discounts, rating agency fees, and other necessary fees.
 5608         (d) Fees in connection with the planning, execution, and
 5609  financing of a project, such as those of architects, engineers,
 5610  attorneys, feasibility consultants, financial advisers,
 5611  accountants, and the department of Management Services,
 5612  including the allocable portions of direct costs of the
 5613  department of Management Services and the lessee agencies.
 5614         (l) The reimbursement of all moneys advanced or supplied to
 5615  or borrowed by the department of Management Services or others
 5616  for the payment of any item of cost of a facility.
 5617         (5) “Debt service charges” means, collectively, principal,
 5618  including mandatory sinking fund requirements and the accretion
 5619  portion of any capital appreciation bonds for retirement of
 5620  obligations, interest, redemption premium, if any, required to
 5621  be paid by the department of Management Services on obligations
 5622  issued under this act and any obligation administrative fees.
 5623         (6) “Department” means the Department of Environmental
 5624  Protection.
 5625         (8)(7) “Eligible facility” means all state-owned facilities
 5626  under the jurisdiction of the department of Management Services
 5627  and all other state-owned facilities except those having less
 5628  than 3,000 square feet.
 5629         (11)(10) “Obligation administrative fees” means any
 5630  periodic expense, charge, or cost relating to or incurred in
 5631  connection with remarketing of obligations such as remarketing
 5632  agent or indexing agent fees and any periodic expense, charge,
 5633  or cost related to any obligations or to credit enhancements or
 5634  liquidity features, including, but not limited to, letter of
 5635  credit fees, whether direct pay or standby, swap agent fees and
 5636  similar expenses, periodic fees and expenses, if any, of
 5637  trustees, depositories, registrars, book entry registrars and
 5638  paying agents, and any allowances established by the department
 5639  of Management Services for working capital, contingency
 5640  reserves, and reserves for any anticipated operating deficits
 5641  during each fiscal year.
 5642         (13)(12) “Pool pledged revenues” means all legislative
 5643  appropriations and all fees, charges, revenues, or receipts
 5644  derived by the department of Management Services from the
 5645  operation, leasing, or other disposition of facilities in the
 5646  pool, and the proceeds of obligations issued under this act,
 5647  including and shall include any moneys appropriated to an agency
 5648  for the purpose of making such rental payments, rental payments
 5649  received with respect to such facilities from whatever sources,
 5650  and receipts therefrom, and investment of any such moneys
 5651  pursuant to this act, all as are available for the payment of
 5652  debt service charges on such obligations as are issued with
 5653  respect to the pool.
 5654         (15)(14) “Qualified facility” means an eligible facility
 5655  that which is either:
 5656         (a) Structurally sound and is in a satisfactory state of
 5657  repair;
 5658         (b) Determined by the department of Management Services to
 5659  be suitable for entry into the pool although not meeting the
 5660  requirements of paragraph (a); or
 5661         (c) Under the jurisdiction of the department of Management
 5662  Services.
 5663         (17)(16) “Revenue bonds” means any bonds, debentures,
 5664  notes, certificates, or other evidences of financial
 5665  indebtedness, whether certificated or noncertificated, issued by
 5666  the division on behalf of the department of Management Services
 5667  under and pursuant to this act, including, but not limited to,
 5668  variable rate obligations, designated maturity obligations,
 5669  capital appreciation bonds, original issue discount bonds, and
 5670  multimodal instruments or obligations, or instruments combining
 5671  any of the foregoing.
 5672         Section 165. Section 255.503, Florida Statutes, is amended
 5673  to read:
 5674         255.503 Powers of the Department of Environmental
 5675  Protection Management Services.—The department is authorized of
 5676  Management Services shall have all the authority necessary to
 5677  carry out and effectuate the purposes and provisions of this
 5678  act, including, but not limited to, the authority to:
 5679         (1) Collect reasonable rentals or charges for the use of
 5680  and services provided for facilities in the pool in accordance
 5681  with the provisions of this act exclusively for the purpose of
 5682  paying the expenses of improving, repairing, maintaining, and
 5683  operating facilities and paying debt service charges in
 5684  connection with its obligations.
 5685         (2) Prescribe for the use of facilities in the pool,
 5686  prescribe the amount of rentals or charges, and make and enter
 5687  into contracts with any political subdivision or agency, for the
 5688  use of and services provided for such facilities.
 5689         (3) Acquire facilities pursuant to s. 11(f), Art. VII of
 5690  the State Constitution and own, operate, and finance such
 5691  facilities in accordance with this act through the issuance of
 5692  obligations by the division under this act; to use utilize
 5693  rentals or charges from such facilities, as well as any
 5694  appropriated state or other public funds; and to pledge revenue
 5695  from such facilities to finance the acquisition of facilities
 5696  pursuant to the provisions of this act.
 5697         (4) Operate existing state-owned facilities in the pool and
 5698  to pledge rentals or charges for such facilities to finance the
 5699  acquisition of facilities pursuant to the provisions of this
 5700  act.
 5701         (5) Pledge, hypothecate, or otherwise encumber rentals or
 5702  charges as may be agreed as security for obligations issued
 5703  under this act and enter into trust agreements or indentures for
 5704  the benefit of the holders of such obligations.
 5705         (6) Borrow money or accept advances, loans, gifts, grants,
 5706  devises, or bequests from any legal source; enter into contracts
 5707  or agreements with any party; and hold and apply advances,
 5708  loans, gifts, grants, devises, or bequests according to the
 5709  terms thereof. Such advances, loans, gifts, grants, devises, or
 5710  bequests of real estate may be in fee simple or of any lesser
 5711  estate and may be subject to any reasonable reservations. Any
 5712  advances or loans received from any source may be repaid in
 5713  accordance with the terms of such advance or loan.
 5714         (7)(a) Sell, lease, release, or otherwise dispose of
 5715  facilities in the pool in accordance with applicable law.
 5716         (b) Upon determining No later than the date upon which the
 5717  department recommends to the Division of State Lands of the
 5718  Department of Environmental Protection the disposition of any
 5719  facility within the Florida Facilities Pool, the department
 5720  shall provide to the President of the Senate, the Speaker of the
 5721  House of Representatives, the Executive Office of the Governor,
 5722  and the Division of Bond Finance of the State Board of
 5723  Administration an analysis that includes:
 5724         1. The cost benefit of the proposed facility disposition,
 5725  including the facility’s current operating expenses, condition,
 5726  and market value, and viable alternatives for work space for
 5727  impacted state employees.
 5728         2. The effect of the proposed facility disposition on the
 5729  financial status of the Florida Facilities Pool, including the
 5730  effect on rental rates and coverage requirement for the bonds.
 5731  
 5732  This paragraph expires July 1, 2010.
 5733         (8) Create and establish funds and accounts for the purpose
 5734  of debt service reserves, for the matching of the timing and the
 5735  amount of available funds and debt service charges, for sinking
 5736  funds, for capital depreciation reserves, for operating
 5737  reserves, for capitalized interest and moneys not required for
 5738  immediate disbursement to acquire all or a portion of any
 5739  facility, and for any other reserves, funds, or accounts
 5740  reasonably necessary to carry out the provisions of this act and
 5741  to invest in authorized investments any moneys held in such
 5742  funds and accounts if, provided such investments will be made on
 5743  behalf of the department of Management Services by the State
 5744  Board of Administration or the Chief Financial Officer, as
 5745  appropriate.
 5746         (9) Engage the services of consultants for rendering
 5747  professional and technical assistance and advice and to engage
 5748  services of professionals in connection with the acquisition or
 5749  financing of any facility or the operation and activities of the
 5750  department of Management Services, including attorneys,
 5751  auditors, consultants, and accountants.
 5752         (10) Lease all or any portion of any facility to an agency
 5753  or to any political subdivision.
 5754         (11) Adopt Promulgate all rules necessary to administer
 5755  implement the provisions of this act.
 5756         (12) Do all other acts reasonably necessary to carry out
 5757  the provisions of this act.
 5758         Section 166. Subsection (1) of section 255.504, Florida
 5759  Statutes, is amended to read:
 5760         255.504 Use of facilities.—
 5761         (1) Any facility that which is acquired and approved
 5762  pursuant to s. 11(f), Art. VII of the State Constitution and
 5763  financed under this act, and any facility in the pool shall be
 5764  occupied to the extent that space is available, by agencies as
 5765  authorized by the department of Management Services.
 5766         Section 167. Section 255.505, Florida Statutes, is amended
 5767  to read:
 5768         255.505 Creation of the pool.—The department of Management
 5769  Services is hereby authorized and directed to create the Florida
 5770  Facilities Pool in order for that agencies to may participate,
 5771  and thereby pool the rentals to be paid by such agencies, at
 5772  uniform rates with additional charges for services provided, and
 5773  to authorize the issuance of obligations secured by and payable
 5774  from such rentals and charges. Participation in the pool must
 5775  shall be in accordance with the provisions of this act.
 5776         Section 168. Subsections (1), (3), and (4) of section
 5777  255.506, Florida Statutes, are amended to read:
 5778         255.506 Facilities in pool.—The following facilities shall
 5779  be entered into the pool:
 5780         (1) All existing state-owned facilities under the
 5781  jurisdiction of the department of Management Services shall be
 5782  entered into the pool upon the creation of the pool.
 5783         (3) Any agency may submit all, but not less than all, of
 5784  the eligible facilities under its jurisdiction for entry into
 5785  the pool. Each of such eligible facilities which is determined
 5786  by the department of Management Services to be a qualified
 5787  facility shall be entered into the pool upon such determination.
 5788         (4) Any agency that which requests the issuance of
 5789  obligations under this act for the financing of the acquisition
 5790  of a facility shall submit all, but not less than all, of the
 5791  eligible facilities under its jurisdiction for entry into the
 5792  pool. Each of such eligible facilities which is determined by
 5793  the department of Management Services to be a qualified facility
 5794  shall be entered into the pool upon such a determination.
 5795         Section 169. Section 255.507, Florida Statutes, is amended
 5796  to read:
 5797         255.507 Determination of qualified facilities.—The
 5798  Department of Management Services, In making determinations
 5799  under s. 255.502(15)(b) 255.502(14)(b), the department shall
 5800  determine a facility to be a qualified facility if the facility
 5801  meets one either of the following standards:
 5802         (1) The facility is in compliance with the firesafety
 5803  standards established by the State Fire Marshal for state-owned
 5804  buildings, is in compliance with flood management criteria if it
 5805  is located in a flood-prone area, and is in good operating
 5806  condition in relation to its intended use.
 5807         (2) The facility’s economic benefit to the pool will be
 5808  equal to or greater than the cost of restoring the facility to
 5809  the condition described in subsection (1). For purposes of this
 5810  subsection, achieving such economic benefit means that the rent
 5811  to be paid by the occupants of the facility will be adequate to
 5812  repay the restoration costs within 5 years.
 5813         Section 170. Section 255.508, Florida Statutes, is amended
 5814  to read:
 5815         255.508 Participation in pool.—To participate in the pool,
 5816  an agency head shall submit a request to the department of
 5817  Management Services and to the division pursuant to rules
 5818  adopted by the department of Management Services pursuant to
 5819  this act.
 5820         Section 171. Section 255.509, Florida Statutes, is amended
 5821  to read:
 5822         255.509 Request for advisory statement.—
 5823         (1) Any agency may request from the Department of
 5824  Management Services an advisory statement from the department
 5825  which states shall state the estimated pool rental rate that
 5826  which would be assessed under current conditions for the
 5827  agency’s facilities if entered into the pool. The request for an
 5828  advisory statement must shall contain a description of each
 5829  eligible facility under the jurisdiction of the agency or to be
 5830  acquired by the agency.
 5831         (2) In rendering such advisory statement, the department of
 5832  Management Services shall consult with the division and is shall
 5833  be entitled to rely upon financial advisers or other
 5834  professionals and may assume whatever method of financing that
 5835  the division deems cost-effective.
 5836         Section 172. Section 255.51, Florida Statutes, is amended
 5837  to read:
 5838         255.51 Determination of rental rates.—The department of
 5839  Management Services shall determine and establish rental rates
 5840  charged and computed on a per square foot basis for all
 5841  facilities in the pool whether or not of new construction, and
 5842  such rates shall be applied uniformly to all agencies using or
 5843  occupying space in facilities in the pool with additional
 5844  charges based upon the elements of service and special requests
 5845  as provided. Separate rates and charges may be established for
 5846  warehouse space and parking space incidental to facilities in
 5847  the pool.
 5848         Section 173. Subsection (1) of section 255.511, Florida
 5849  Statutes, is amended to read:
 5850         255.511 Factors to be considered in establishing rental
 5851  rates.—
 5852         (1) The department of Management Services shall prepare a
 5853  complete annual budget for debt service on obligations issued
 5854  under this act and for capital depreciation reserve deposits and
 5855  expenses included in the operation and maintenance of each
 5856  facility in the pool.
 5857         Section 174. Section 255.513, Florida Statutes, is amended
 5858  to read:
 5859         255.513 Powers of the Division of Bond Finance and the
 5860  Department of Environmental Protection Management Services.—The
 5861  division of Bond Finance and the department of Management
 5862  Services are authorized to jointly:
 5863         (1) Engage the services of remarketing agents, indexing
 5864  agents, underwriters, financial advisers, special tax counsel,
 5865  bond counsel, or similar type services with respect to the
 5866  issuance of any obligations under this act.
 5867         (2) Procure credit enhancements such as municipal bond
 5868  insurance, debt service reserve insurance, lease payment
 5869  insurance, letters of credit or liquidity facilities such as
 5870  letters of credit or surety bonds, or to enter into rate
 5871  protection agreements, such as interest rate swaps or similar
 5872  arrangements, in conjunction with the issuance of any
 5873  obligations under this act.
 5874         Section 175. Section 255.514, Florida Statutes, is amended
 5875  to read:
 5876         255.514 Division of Bond Finance; revenue bonds.—The
 5877  division is authorized to issue obligations under this act on
 5878  behalf of and at the request of the department of Management
 5879  Services.
 5880         Section 176. Section 255.515, Florida Statutes, is amended
 5881  to read:
 5882         255.515 Issuance of obligations by the division.—With
 5883  respect to the issuance of any obligations under this act, the
 5884  division may shall be entitled to use such method of financing
 5885  or combination of methods of financing as it deems appropriate
 5886  to result in cost-effective financing. The division may shall be
 5887  entitled to rely upon the advice of financial advisers and other
 5888  professionals retained jointly by the department of Management
 5889  Services and the division for such purposes.
 5890         Section 177. Section 255.517, Florida Statutes, is amended
 5891  to read:
 5892         255.517 Anticipation obligations.—To provide funds for the
 5893  purposes of this act, and before prior to the delivery of an
 5894  issue of revenue bonds for the purposes of this act, the
 5895  division may, on behalf of the department of Management
 5896  Services, from time to time, by resolution, anticipate the
 5897  issuance of such revenue bonds by the issuance of revenue notes,
 5898  including commercial paper notes in the form of bond
 5899  anticipation notes, with or without coupons, exchangeable for
 5900  the revenue bonds when such revenue bonds have been executed and
 5901  are available for delivery, or to be paid, together with
 5902  interest and premium, if any, from the proceeds of the sale of
 5903  such revenue bonds or a renewal issue of revenue notes,
 5904  including commercial paper notes in the form of bond
 5905  anticipation notes. In connection with such revenue notes, the
 5906  department of Management Services may covenant to do all things
 5907  necessary to authorize the issuance of the obligations and shall
 5908  make the exchange or application of the proceeds pursuant to its
 5909  agreements. Such revenue notes and, in the case of commercial
 5910  paper notes, the latest maturity thereof may not shall mature
 5911  not later than 5 years from the date of issue of the original
 5912  revenue notes and shall bear such other terms and shall be
 5913  executed and sold in the manner authorized by the division and
 5914  not prohibited by this act.
 5915         Section 178. Subsections (1) and (2), paragraphs (b) and
 5916  (c) of subsection (5), paragraphs (a), (d), (e), and (f) of
 5917  subsection (6), paragraph (a) of subsection (7), and subsections
 5918  (8), (10), (11), (12), and (13) of section 255.518, Florida
 5919  Statutes, are amended to read:
 5920         255.518 Obligations; purpose, terms, approval,
 5921  limitations.—
 5922         (1)(a) The issuance of obligations shall provide sufficient
 5923  funds to achieve the purposes of this act; pay interest on
 5924  obligations except as provided in paragraph (b); pay expenses
 5925  incident to the issuance and sale of any obligations issued
 5926  pursuant to this act, including costs of validating, printing,
 5927  and delivering the obligations, printing the official statement,
 5928  publishing notices of sale of the obligations, and related
 5929  administrative expenses; pay building acquisition and
 5930  construction costs; and pay all other capital expenditures of
 5931  the department of Management Services and the division incident
 5932  to and necessary to carry out the purposes and powers granted by
 5933  this act, subject to the provisions of s. 11(f), Art. VII of the
 5934  State Constitution and the applicable provisions of the State
 5935  Bond Act. Such obligations are shall be payable solely from the
 5936  pool pledged revenues identified to such obligation.
 5937         (a) Proceeds of obligations may not be used to pay building
 5938  acquisition or construction costs for any facility until the
 5939  Legislature has appropriated funds from other sources estimated
 5940  to be necessary for all costs relating to the initial planning,
 5941  preliminary design and programming, and land acquisition for
 5942  such facility and until such planning, design, and land
 5943  acquisition activities have been completed. Obligation proceeds
 5944  for building construction, renovation, or acquisition shall be
 5945  requested for appropriation in any fiscal year by the department
 5946  of Management Services only if the department estimates that
 5947  such construction, renovation, or acquisition can be initiated
 5948  during such fiscal year.
 5949         (b) Payment of debt service charges on obligations during
 5950  the construction of any facility financed by such obligations
 5951  shall be made from funds other than proceeds of obligations.
 5952         (2) All obligations authorized by this act shall be issued
 5953  on behalf of and in the name of the Department of Management
 5954  Services by the division as provided by this act, with a term of
 5955  not more than 30 years and, except as otherwise provided herein,
 5956  in such principal amounts as shall be necessary to provide
 5957  sufficient funds to achieve the purposes of this act.
 5958         (5) Any resolution or resolutions authorizing any
 5959  obligations issued pursuant to this act shall provide that:
 5960         (b) The department of Management Services shall maintain
 5961  all facilities in the pool in a satisfactory state of repair,
 5962  subject to such exceptions as are determined by the department
 5963  of Management Services, provided that such exceptions do not
 5964  result in breach of any rate covenant in connection with the
 5965  obligations.
 5966         (c) The department of Management Services shall establish
 5967  pool rental rates in amounts so that the annualized amount of
 5968  pool pledged revenues for the then-current bond year is shall be
 5969  at least equal to the aggregate of 110 percent of debt services
 5970  charges, plus 100 percent of capital depreciation reserve
 5971  deposits, plus 100 percent of costs of operations and
 5972  maintenance, if any, in each case as shown in the annual budget
 5973  required pursuant to this act.
 5974         (6) Any resolution authorizing any obligations issued
 5975  pursuant to this act may contain provisions, without limitation,
 5976  which shall be a part of the contract with the holders thereof,
 5977  as to:
 5978         (a) Pledging all or any part of the assets of the
 5979  department of Management Services securing the same, including
 5980  leases with respect to all or any part of a facility, to secure
 5981  the payment of obligations, subject to any existing such
 5982  agreements with holders of obligations as may then exist.
 5983         (d) Vesting in the State Board of Administration such
 5984  property, rights, powers, and duties in trust as the division
 5985  and the department of Management Services may determine, and
 5986  limiting or abrogating the right of holders of obligations to
 5987  appoint a trustee under this act or limiting the rights, powers,
 5988  and duties of such trustee.
 5989         (e) Defining the acts or omissions to act which shall
 5990  constitute a default in the obligations and duties of the
 5991  division and the department of Management Services to the
 5992  holders of obligations and providing for the rights and remedies
 5993  of holders of obligations in the event of such default,
 5994  including, as matter of right, the appointment of a receiver;
 5995  provided such rights and remedies are shall not be inconsistent
 5996  with state law the general laws of the state and the other
 5997  provisions of this act.
 5998         (f) Providing for the segregation of revenues payable to
 5999  the department of Management Services as rentals or charges
 6000  arising from facilities in the pool; providing for the handling
 6001  of such revenues and the remittance of all or a portion thereof
 6002  to the State Board of Administration or a paying agent;
 6003  providing for the establishment of debt service reserves,
 6004  capitalized interest accounts, capital depreciation reserve
 6005  accounts, and the calculation of the amounts to be deposited
 6006  therein; providing for the procurement of letters of credit or
 6007  municipal bond insurance or similar credit enhancements or of
 6008  letters of credit or similar liquidity facilities for the
 6009  benefit of holders of such obligations or for the entering into
 6010  of agreements with remarketing agents, tender agents, or
 6011  indexing agents or of reimbursement agreements with respect to
 6012  any of the foregoing concerning any such obligations.
 6013         (7)(a) The obligations issued by the division on behalf of
 6014  and in the name of the department of Management Services shall
 6015  be sold at public sale in the manner provided by the State Bond
 6016  Act. However,; provided that if the division determines shall
 6017  determine that a negotiated sale of the obligations is in the
 6018  best interest of the state, the division may negotiate for sale
 6019  of the obligations with the underwriter jointly designated by
 6020  the division and the department of Management Services. In
 6021  authorizing the negotiated sale, the division shall provide
 6022  specific findings as to the reasons for the negotiated sale. The
 6023  reasons shall include, but are not be limited to,
 6024  characteristics of the obligations to be issued and prevailing
 6025  market conditions that necessitate a negotiated sale. If In the
 6026  event the division negotiates for sale of obligations, the
 6027  managing underwriter, or financial consultant or adviser, if
 6028  applicable, shall provide to the division, before awarding prior
 6029  to the award of such obligations to the managing underwriter, a
 6030  disclosure statement containing the following information:
 6031         1. An itemized list setting forth the nature and estimated
 6032  amounts of expenses to be incurred by the managing underwriter
 6033  in connection with the issuance of such obligations. However
 6034  Notwithstanding the foregoing, any such list may include an item
 6035  for miscellaneous expenses, provided it includes only minor
 6036  items of expense which are not cannot be easily categorized
 6037  elsewhere in the statement.
 6038         2. The names, addresses, and estimated amounts of
 6039  compensation of any finders connected with the issuance of the
 6040  obligations.
 6041         3. The amount of underwriting spread expected to be
 6042  realized.
 6043         4. Any management fee charged by the managing underwriter.
 6044         5. Any other fee, bonus, or compensation estimated to be
 6045  paid by the managing underwriter in connection with the
 6046  obligations issued to any person not regularly employed or
 6047  retained by it.
 6048         6. The name and address of the managing underwriter, if
 6049  any, connected with the obligations issued.
 6050         7. Any other disclosure which the division may require.
 6051  
 6052  This paragraph is not intended to restrict or prohibit the
 6053  employment of professional services relating to obligations
 6054  issued under this act or the issuance of bonds by the division
 6055  under any other provisions of law.
 6056         (8)(a) No underwriter, commercial bank, investment banker,
 6057  or financial consultant or adviser shall pay any finder any
 6058  bonus, fee, or gratuity in connection with the sale of
 6059  obligations issued by the division on behalf of and in the name
 6060  of the department of Management Services unless full disclosure
 6061  is made to the division before prior to or concurrently with the
 6062  submission of a purchase proposal for such obligations by the
 6063  underwriter, commercial bank, investment banker, or financial
 6064  consultant or adviser and is made subsequently in the official
 6065  statement or offering circular, if any, detailing the name and
 6066  address of any finder and the amount of bonus, fee, or gratuity
 6067  paid to such finder.
 6068         (a)(b) A willful violation of this subsection is a felony
 6069  of the third degree, punishable as provided in s. 775.082, s.
 6070  775.083, or s. 775.084.
 6071         (b)(c)A No violation of this subsection does not shall
 6072  affect the validity of any obligation issued under this act.
 6073         (10) All obligations issued by the division on behalf of
 6074  and in the name of the department of Management Services shall
 6075  state on the face thereof that they are payable, both as to
 6076  principal and interest, and premium, if any, solely out of the
 6077  pool pledged revenues, and do not constitute an obligation,
 6078  either general or special, of the state or of any political
 6079  subdivision.
 6080         (11) All obligations issued by the division on behalf of
 6081  and in the name of the department of Management Services are
 6082  hereby declared to have all the qualities and incidents of
 6083  negotiable instruments under the applicable laws of the state.
 6084         (12) Any pledge of earnings, revenues, or other moneys made
 6085  by the department are of Management Services shall be valid and
 6086  binding from the time the pledge is made. Any earnings,
 6087  revenues, or other moneys so pledged and thereafter received by
 6088  the department of Management Services shall immediately be
 6089  subject to the lien of that pledge without any physical delivery
 6090  thereof or further act, and the lien of the pledge is shall be
 6091  valid and binding as against the department of Management
 6092  Services irrespective of whether the parties have notice
 6093  thereof. Neither the resolution nor any other instrument by
 6094  which a pledge is created need be recorded or filed pursuant to
 6095  the Uniform Commercial Code.
 6096         (13) No employee of the department of Management Services
 6097  or the division, nor any person lawfully executing obligations
 6098  issued under this act by the division on behalf of and in the
 6099  name of the Department of Management Services, is shall be
 6100  liable personally liable on the obligations or be subject to any
 6101  personal liability or accountability by reason of the issuance
 6102  thereof.
 6103         Section 179. Section 255.52, Florida Statutes, is amended
 6104  to read:
 6105         255.52 Approval by State Board of Administration.—At or
 6106  before prior to the sale by the division, all obligations
 6107  proposed to be issued by the division must shall be approved by
 6108  the State Board of Administration as to fiscal sufficiency. The
 6109  state board of Administration shall look to the rate coverage of
 6110  all pool pledged revenues, as projected by the department of
 6111  Management Services, with respect to all proposed and
 6112  outstanding obligations issued under this act:
 6113         (1) One hundred and ten percent of debt service charges;
 6114  plus
 6115         (2) One hundred percent of capital depreciation reserved
 6116  deposits, if any; plus
 6117         (3) One hundred percent of costs of operation and
 6118  maintenance.
 6119  
 6120  With respect to variable rate obligations, such evaluation shall
 6121  be made at the interest rate for the date of sale determined as
 6122  provided in s. 255.519.
 6123         Section 180. Section 255.521, Florida Statutes, is amended
 6124  to read:
 6125         255.521 Failure of payment.—If Should an agency fails fail
 6126  to make a timely payment of the pool pledged rentals or charges
 6127  as required by this act, the Chief Financial Officer shall
 6128  withhold general revenues of the agency in an amount sufficient
 6129  to pay the rentals and charges due and unpaid from such agency.
 6130  The Chief Financial Officer shall forward such general revenue
 6131  amounts to the department of Management Services in payment of
 6132  such rents.
 6133         Section 181. Section 255.522, Florida Statutes, is amended
 6134  to read:
 6135         255.522 State and political subdivisions not liable on
 6136  obligations.—Obligations issued pursuant to this act are shall
 6137  not be a debt of the state or of any political subdivision, and
 6138  neither the state nor any political subdivision is shall be
 6139  liable thereon. The department may not of Management Services
 6140  shall not have the power to pledge the credit, the revenues, or
 6141  the taxing power of the state or of any political subdivision;
 6142  and neither the credit, the revenues, or nor the taxing power of
 6143  the state or of any political subdivision may not shall be, or
 6144  shall be deemed to be, pledged to the payment of any obligations
 6145  issued pursuant to this act.
 6146         Section 182. Section 255.523, Florida Statutes, is amended
 6147  to read:
 6148         255.523 Exemption from taxes.—The property of the
 6149  department of Management Services, the transactions and
 6150  operations thereof, and the income therefrom are shall be exempt
 6151  from taxation by the state and political subdivisions.
 6152         Section 183. Section 255.555, Florida Statutes, is amended
 6153  to read:
 6154         255.555 Records.—Each state agency that which finds that it
 6155  has asbestos-containing materials in any public building for
 6156  which it is responsible shall prepare and maintain a record
 6157  containing a report summarizing the survey, including the hazard
 6158  assessment, drawings and photographs of the sample area, and
 6159  estimates of the quantities of hazardous materials. The agency
 6160  shall, within 30 days after of receipt of said survey, submit a
 6161  copy of the survey to the regional asbestos program manager and
 6162  a summary to the Department of Environmental Protection
 6163  Management Services.
 6164         Section 184. Paragraph (a) of subsection (2) of section
 6165  265.001, Florida Statutes, is amended to read:
 6166         265.001 Florida Women’s Hall of Fame.—
 6167         (2)(a) There is hereby established the Florida Women’s Hall
 6168  of Fame. The Department of Environmental Protection Management
 6169  Services shall set aside an area on the Plaza Level of the
 6170  Capitol Building and shall consult with the Florida Commission
 6171  on the Status of Women regarding the design and theme of such
 6172  area.
 6173         Section 185. Paragraph (a) of subsection (2) of section
 6174  265.2865, Florida Statutes, is amended to read:
 6175         265.2865 Florida Artists Hall of Fame.—
 6176         (2)(a) There is hereby created the Florida Artists Hall of
 6177  Fame. The Florida Arts Council shall identify an appropriate
 6178  location in the public area of a building in the Capitol Center
 6179  that is under the jurisdiction of the Department of
 6180  Environmental Protection Management Services, which location
 6181  shall be set aside by the department and designated as the
 6182  Florida Artists Hall of Fame.
 6183         Section 186. Subsection (3) of section 267.061, Florida
 6184  Statutes, is amended to read:
 6185         267.061 Historic properties; state policy,
 6186  responsibilities.—
 6187         (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION MANAGEMENT
 6188  SERVICES.—The Department of Environmental Protection Management
 6189  Services, in consultation with the division, shall adopt rules
 6190  for the renovation of historic properties that which are owned
 6191  or leased by the state. Such rules must shall be based on
 6192  national guidelines for historic renovation, including the
 6193  standards and guidelines for rehabilitation adopted by the
 6194  United States Secretary of the Interior.
 6195         Section 187. Paragraph (b) of subsection (4) of section
 6196  267.0625, Florida Statutes, is amended to read:
 6197         267.0625 Abrogation of offensive and derogatory geographic
 6198  place names.—
 6199         (4) The division shall:
 6200         (b) Notify the Department of Transportation, the Office of
 6201  Tourism, Trade, and Economic Development, the Department of
 6202  Environmental Protection Management Services, and any other
 6203  entity that compiles information for or develops maps or markers
 6204  for the state of the name change so that it may be reflected on
 6205  subsequent editions of any maps, informational literature, or
 6206  markers produced by those entities.
 6207         Section 188. Paragraphs (a) and (c) of subsection (3) of
 6208  section 267.075, Florida Statutes, are amended to read:
 6209         267.075 The Grove Advisory Council; creation; membership;
 6210  purposes.—
 6211         (3)(a) The Grove Advisory Council shall be composed of
 6212  eight members, as follows:
 6213         1. Five members shall be private citizens appointed by the
 6214  Secretary of State.
 6215         2. One member shall be the Secretary of Environmental
 6216  Protection Management Services or a his or her designee.
 6217         3. One member shall be the director of the Division of
 6218  Historical Resources of the Department of State.
 6219         4. At least one member shall be a direct descendant of Mary
 6220  Call Darby Collins appointed by the Secretary of State with the
 6221  advice of the oldest living generation of lineal descendants of
 6222  Mary Call Darby Collins.
 6223  
 6224  Of the citizen members, at least one member must shall have
 6225  professional curatorial and museum expertise, one member must
 6226  shall have professional architectural expertise in the
 6227  preservation of historic buildings, and one member must shall
 6228  have professional landscape expertise. The five citizen members
 6229  of the council appointed by the Secretary of State and the
 6230  member of the council who is a direct descendant of Mary Call
 6231  Darby Collins appointed by the Secretary of State shall be
 6232  appointed for staggered 4-year terms. The Secretary of State
 6233  shall fill the remainder of unexpired terms for the five citizen
 6234  members of the council and the member of the council who is a
 6235  direct descendant of Mary Call Darby Collins.
 6236         (c) The council shall obtain clerical, expert, technical,
 6237  or other services from the Division of Historical Resources. The
 6238  Department of Environmental Protection Management Services shall
 6239  provide reasonable assistance to the Department of State in
 6240  carrying out the purposes of this section.
 6241         Section 189. Subsections (1) and (2) of section 270.27,
 6242  Florida Statutes, are amended to read:
 6243         270.27 Sale of unused public lands.—
 6244         (1) The Department of Environmental Protection may
 6245  Management Services is hereby authorized to sell, to the best
 6246  possible advantage, any or all detached pieces or parcels of
 6247  land held by the state for the use of any institution under the
 6248  supervision and control of the department if, whenever, in the
 6249  judgment of the department, such detached pieces or parcels of
 6250  land are not suitable for, or necessary and useful in, the
 6251  operation and maintenance of the such institution, and the
 6252  proceeds from the sale of such land could be used to better
 6253  advantage than said land in the operation and maintenance of
 6254  such institution.
 6255         (2) The proceeds derived from the sale of any land, as
 6256  authorized in this section, shall be deposited in the State
 6257  Treasury to the account of the Department of Environmental
 6258  Protection Management Services for the use of the particular
 6259  institution from the sale of whose lands the said funds were
 6260  derived. Such funds may be used, from time to time, by the
 6261  department for the purpose of acquiring additional lands that
 6262  may be needed for the particular institution credited with such
 6263  funds, or for needed buildings or repairs for such institution,
 6264  in the discretion of the department; and such funds, when
 6265  obtained, are hereby appropriated for such purposes.
 6266         Section 190. Section 272.03, Florida Statutes, is amended
 6267  to read:
 6268         272.03 Supervision of Department of Management Services to
 6269  supervise Capitol Center buildings; title in state.—
 6270         (1) All state buildings now or hereafter constructed
 6271  included in the Capitol Center at the state capital and the
 6272  grounds and squares contiguous thereto are shall be under the
 6273  general control, custodianship, and supervision of the
 6274  Department of Environmental Protection Management Services.
 6275         (2) Title to Capitol Center said buildings vests shall vest
 6276  in the state.
 6277         (3) This section does not Nothing herein is intended to
 6278  disturb or impair the contractual obligations for the discharge
 6279  of the indebtedness incurred for the construction of the Florida
 6280  Industrial Commission Building.
 6281         Section 191. Section 272.04, Florida Statutes, is amended
 6282  to read:
 6283         272.04 Department to allocate space.—The Department of
 6284  Environmental Protection Management Services shall have
 6285  authority to allocate space to house the various departments,
 6286  agencies, boards, and commissions in said buildings, excepting,
 6287  however, the new Supreme Court Building, for which authority is
 6288  shall be vested in the justices of the Supreme Court.
 6289         Section 192. Section 272.05, Florida Statutes, is amended
 6290  to read:
 6291         272.05 Budgets for repair and maintenance; review.—The
 6292  Department of Environmental Protection Management Services and
 6293  the Executive Office of the Governor may shall be empowered to
 6294  review, change, and modify the budgets of the departments,
 6295  agencies, boards, and commissions relating to the repair,
 6296  upkeep, and maintenance of said buildings.
 6297         Section 193. Section 272.06, Florida Statutes, is amended
 6298  to read:
 6299         272.06 Authority to contract for utility services.—The
 6300  Department of Environmental Protection Management Services may
 6301  provide or enter into contracts to provide heating, power,
 6302  lighting, cooling systems, and other necessary services or
 6303  facilities for any or all of said buildings.
 6304         Section 194. Section 272.07, Florida Statutes, is amended
 6305  to read:
 6306         272.07 Department may provide for parks, drives, and
 6307  walkways.—The Department of Environmental Protection Management
 6308  Services may provide for the establishment of parks, drives,
 6309  walkways, and parkways on said grounds and squares and for the
 6310  supervision, regulation, and maintenance of the same, including
 6311  traffic and parking thereon.
 6312         Section 195. Section 272.08, Florida Statutes, is amended
 6313  to read:
 6314         272.08 Duty of repair, maintenance, and supervision.—Except
 6315  when otherwise directed by the Department of Environmental
 6316  Protection Management Services, the official or officials now
 6317  having the duty of repair, care, maintenance, and supervision of
 6318  any of said buildings shall continue to exercise such authority.
 6319         Section 196. Section 272.09, Florida Statutes, is amended
 6320  to read:
 6321         272.09 Management, maintenance, and upkeep of Capitol
 6322  Center.—The management, maintenance, and upkeep of the Capitol
 6323  Center as defined in s. 272.03, are hereby vested in and made
 6324  the direct obligation of the Department of Environmental
 6325  Protection Management Services, which shall have authority to do
 6326  all things necessary to satisfactorily accomplish these
 6327  functions, including the employment of a superintendent of
 6328  grounds and buildings and other employees; the establishment of
 6329  central repair and maintenance shops; and the designation or
 6330  appointment of nonsalaried advisory committees to advise with
 6331  them.
 6332         Section 197. Subsection (2) of section 272.12, Florida
 6333  Statutes, is amended to read:
 6334         272.12 Florida Capitol Center Planning District.—
 6335         (2) The Department of Environmental Protection may
 6336  Management Services is hereby authorized to purchase at fair
 6337  market value any lands or buildings owned by the Department of
 6338  Transportation within the Capitol Center. The Department of
 6339  Environmental Protection Management Services may use any funds
 6340  for this purpose any funds which are available to it at the time
 6341  of the purchase.
 6342         Section 198. Subsection (1) of section 272.121, Florida
 6343  Statutes, is amended to read:
 6344         272.121 Capitol Center long-range planning.—
 6345         (1) The Department of Environmental Protection Management
 6346  Services shall develop a comprehensive and long-range plan for
 6347  the development of state-owned property within the Capitol
 6348  Center. In developing this plan, the department shall consider:
 6349         (a) The most efficient, expeditious, and economical method
 6350  of accomplishing the desired results.
 6351         (b) The architectural and aesthetic coordination of the
 6352  proposed plan with the existing structures.
 6353         (c) The effective utilization of all available space so as
 6354  to minimize waste.
 6355         (d) The plans adopted by the local planning agencies in
 6356  Leon County.
 6357         Section 199. Section 272.122, Florida Statutes, is amended
 6358  to read:
 6359         272.122 Acquisition of land for state buildings and
 6360  facilities in the Capitol Center.—The Department of
 6361  Environmental Protection shall Management Services is hereby
 6362  authorized and directed to acquire both land and buildings now
 6363  needed or to be needed for use, in whole or in part, by state
 6364  government or any agency, board, bureau, or commission thereof.
 6365  However, no building can be constructed or land acquired under
 6366  this section without specific legislative approval. The
 6367  acquisition of the land, buildings, and facilities may be
 6368  financed by grants, by direct appropriations, or by the issuance
 6369  of revenue bonds or certificates pledging the revenues and
 6370  rentals derived from the use of the buildings and facilities.
 6371  The department may of Management Services is expressly
 6372  authorized to issue revenue certificates to carry out the
 6373  purposes of this section. Title to any lands acquired pursuant
 6374  to this section shall be vested in the Board of Trustees of the
 6375  Internal Improvement Trust Fund for the use and benefit of the
 6376  State of Florida.
 6377         Section 200. Section 272.124, Florida Statutes, is amended
 6378  to read:
 6379         272.124 Department of Management Services; Power to
 6380  contract.—The Department of Environmental Protection may
 6381  Management Services is authorized and empowered to make and
 6382  enter into any contract or agreement, with any person or agency,
 6383  public or private, to lease, buy, acquire, construct, hold, or
 6384  dispose of real and personal property necessary to carry out the
 6385  objects and purposes of this chapter. act; However, no contract
 6386  may be entered into without specific authorization of the
 6387  Legislature for the project. Lands shall be acquired by the
 6388  department in accordance with acquisition procedures for state
 6389  lands provided for in s. 253.025.
 6390         Section 201. Subsection (3) of section 272.129, Florida
 6391  Statutes, is amended to read:
 6392         272.129 Florida Historic Capitol; space allocation;
 6393  maintenance, repair, and security.—
 6394         (3) Custodial and preventive maintenance and repair of the
 6395  entire Historic Capitol and the grounds located adjacent thereto
 6396  are shall be the responsibility of the Department of
 6397  Environmental Protection Management Services, subject to the
 6398  special requirements of the building as determined by the
 6399  Capitol Curator.
 6400         Section 202. Subsections (1) and (4) of section 272.16,
 6401  Florida Statutes, are amended to read:
 6402         272.16 Parking areas within Capitol Center area.—
 6403         (1) The Department of Environmental Protection Management
 6404  Services may assign parking areas within the Capitol Center area
 6405  to a state agency for its own use or for reassignment to state
 6406  officers and employees employed in Tallahassee; however, parking
 6407  areas must be provided for members of the Legislature during
 6408  sessions of the Legislature, regular and extraordinary. Not more
 6409  than 15 percent of the said parking areas may be set aside for
 6410  the use of persons temporarily visiting or attending to business
 6411  in the Capitol Center area who reside beyond the territorial
 6412  limits of the City of Tallahassee. Any remaining portion of the
 6413  parking areas not assigned as aforesaid may be limited in period
 6414  of time for use. However, the department may not of Management
 6415  Services shall have no power to assign parking spaces in the
 6416  legislative office buildings, nor shall those spaces and spaces
 6417  in the parking facility within the Capitol Building which are
 6418  allocated to the Legislature be included under the provisions of
 6419  this section and s. 272.161(1), except as provided in subsection
 6420  (2) of this section.
 6421         (4) The Department of Environmental Protection Management
 6422  Services shall adopt such rules as are necessary to carry out
 6423  the purposes of subsections (1) and (3).
 6424         Section 203. Section 272.161, Florida Statutes, is amended
 6425  to read:
 6426         272.161 Rental of reserved parking spaces.—
 6427         (1)(a) The Department of Environmental Protection
 6428  Management Services may assign a reserved parking space to any
 6429  state employee, qualified state employee car pool, provider of
 6430  essential services to the state, or state agency for
 6431  reassignment to its employees.
 6432         (a) Any state agency assigned a reserved parking space
 6433  shall charge the user of such space, except a qualified state
 6434  employee car pool, a fee in accordance with guidelines
 6435  established by the department.
 6436         (b) Any state agency assigned a reserved parking space that
 6437  which is not rented for a period of 7 consecutive days shall
 6438  return such space to the department for reassignment. All state
 6439  agencies assigned reserved parking spaces must ensure shall
 6440  assure the timely payment of assessed rent to the department.
 6441         (c) Assignments of reserved parking spaces is shall be
 6442  limited to the amount of available parking under the supervision
 6443  of the department. Preference in the assignment of reserved
 6444  parking spaces shall be given qualified state employee car
 6445  pools. A state agency, employee, state employee car pool, or
 6446  provider of essential services may request a reserved parking
 6447  space in a manner prescribed by the department.
 6448         (2) All Employee parking fees are shall be payable by the
 6449  payroll deduction plan, periodically according to the employee’s
 6450  pay schedule, to the Department of Environmental Protection
 6451  Management Services or to the contracting agency.
 6452         (3) All fees collected by the Department of Environmental
 6453  Protection Management Services under the provisions of this
 6454  section shall be deposited in the Supervision Trust Fund. The
 6455  department shall account for the revenues and expenditures
 6456  related to the paid parking program in compliance with the
 6457  provisions of s. 215.32(2)(b). The revenues collected from
 6458  parking fees shall be used for the maintenance, minor
 6459  construction, enforcement, security, and administration of
 6460  parking facilities and programs.
 6461         (4) The Department of Environmental Protection Management
 6462  Services shall adopt such rules as are necessary to carry out
 6463  the purposes of this section. The department shall establish
 6464  guidelines for qualifying as a state employee car pool and for
 6465  the preferential assignment of reserved spaces to car pools.
 6466         (5) The Department of Environmental Protection Management
 6467  Services shall establish fees on all state-owned reserved
 6468  parking spaces, except those assigned to qualified state
 6469  employee car pools, under the jurisdiction of the department.
 6470  The department shall also issue loading zone permits and
 6471  scramble parking permits for a fee sufficient to cover the cost
 6472  of administering the permits and maintaining the parking areas.
 6473         (6) The Department of Environmental Protection may
 6474  Management Services shall have the authority to remove or tow
 6475  away, or cause to be removed or towed away, any wrongfully
 6476  parked vehicle in any assigned or reserved parking space or area
 6477  under the control of the department of Management Services
 6478  throughout the state at the expense of the owner of the
 6479  wrongfully parked vehicle.
 6480         Section 204. Paragraph (a) of subsection (1) and paragraphs
 6481  (b) and (c) of subsection (2) of section 272.18, Florida
 6482  Statutes, are amended to read:
 6483         272.18 Governor’s Mansion Commission.—
 6484         (1)(a) There is created within the Department of Management
 6485  Services A Governor’s Mansion Commission to be composed of seven
 6486  eight members is created within the Department of Environmental
 6487  Protection. Five members shall be private citizens appointed by
 6488  the Governor and subject to confirmation by the Senate; one
 6489  member shall be the Secretary of Management Services or his or
 6490  her designee; one member shall be the director of the Division
 6491  of Recreation and Parks of the Department of Environmental
 6492  Protection; and one member shall be designated by the Secretary
 6493  of State and shall be an employee of the Department of State
 6494  with curatorial and museum expertise. The Governor shall appoint
 6495  all citizen members for 4-year terms. The Governor shall fill
 6496  vacancies for the remainder of unexpired terms. The spouse of
 6497  the Governor or the designated representative of the Governor
 6498  shall be an ex officio member of the commission but shall have
 6499  no voting rights except in the case of a tie vote.
 6500         (2)
 6501         (b) The commission shall obtain clerical, expert,
 6502  technical, or other services from the Department of
 6503  Environmental Protection Management Services as the commission
 6504  requires to carry out the purposes of this section.
 6505         (c) Members of the commission shall serve without
 6506  compensation or honorarium but are shall be entitled to receive
 6507  reimbursement for per diem and travel expenses as provided in s.
 6508  112.061. All expenses of the commission shall be paid from
 6509  appropriations to be made by the Legislature to the Department
 6510  of Environmental Protection Management Services for that
 6511  purpose. The commission shall submit its budgetary requests to
 6512  the department of Management Services for approval and inclusion
 6513  in the legislative budget request of the department. All
 6514  vouchers must shall be approved by the secretary of the
 6515  department of Management Services before being submitted to the
 6516  Chief Financial Officer for payment.
 6517         Section 205. Section 272.185, Florida Statutes, is amended
 6518  to read:
 6519         272.185 Maintenance of Governor’s Mansion by Department of
 6520  Management Services.—
 6521         (1) The Department of Environmental Protection Management
 6522  Services shall maintain all structures, furnishings, equipment,
 6523  and grounds of the Governor’s Mansion, except that the exterior
 6524  facades; the landscaping of the grounds; the antique furnishings
 6525  in the private quarters; the interiors of the state rooms; and
 6526  the articles of furniture, fixtures, and decorative objects used
 6527  or displayed in the state rooms shall be maintained pursuant to
 6528  the directives of the Governor’s Mansion Commission.
 6529         (2) The Department of Environmental Protection shall insure
 6530  the Governor’s Mansion, its contents, and all structures and
 6531  appurtenances thereto with the State Risk Management Trust Fund
 6532  as provided in s. 284.01. The department may purchase any
 6533  necessary insurance either by a primary insurance contract,
 6534  excess coverage insurance, or reinsurance to cover the contents
 6535  of the mansion, whether title of the contents is in the state or
 6536  in any other person or entity not a resident of the mansion,
 6537  notwithstanding the provision of s. 287.025.
 6538         (3) The Department of Environmental Protection may shall
 6539  have authority to contract and be contracted with for work and
 6540  materials required.
 6541         (4) The Department of Environmental Protection shall keep a
 6542  continuing and accurate inventory of all equipment and
 6543  furnishings.
 6544         Section 206. Subsection (4) of section 273.055, Florida
 6545  Statutes, is amended to read:
 6546         273.055 Disposition of state-owned tangible personal
 6547  property.—
 6548         (4) Each custodian shall adopt guidelines or administrative
 6549  rules and regulations pursuant to chapter 120 providing for, but
 6550  not limited to, transferring, warehousing, bidding, destroying,
 6551  scrapping, or other disposing of state-owned tangible personal
 6552  property. However, the approval of the Department of Financial
 6553  Management Services is required before prior to the disposal of
 6554  motor vehicles, watercraft, or aircraft pursuant to ss. 287.15
 6555  and 287.16.
 6556         Section 207. Section 281.02, Florida Statutes, is amended
 6557  to read:
 6558         281.02 Powers and duties of the Department of Management
 6559  Services with respect to Firesafety and security.—The Department
 6560  of Environmental Protection Management Services has the
 6561  following powers and duties with respect to firesafety and
 6562  security:
 6563         (1) To Assist the State Fire Marshal in maintaining the
 6564  firesafety of public buildings pursuant to s. 633.085.
 6565         (2) To Make provision by rule, contract, lease, or
 6566  interagency agreement for the security of all state-owned
 6567  property leased from the department of Management Services,
 6568  excluding state universities and custodial institutions, the
 6569  Capitol Complex, the Governor’s mansion and the grounds thereof,
 6570  and the Supreme Court. For these purposes, security includes
 6571  shall include the safety and security of occupants and visitors
 6572  to state-owned property, appropriate law enforcement response to
 6573  complaints relating to criminal activity or security threats,
 6574  the development of emergency procedures and evacuation routes in
 6575  the event of fire or disaster, and ensuring that such procedures
 6576  and routes are known to those persons occupying such property.
 6577         (3) To Employ guards and administrative, clerical,
 6578  technical, and other personnel as may be required.
 6579         (4) To Train employees and make provision for the training
 6580  of agents, guards, and employees of tenant agencies in security
 6581  and emergency procedures.
 6582         (5) To Make provision for the enforcement of rules
 6583  governing the regulation of traffic and parking on state-owned
 6584  property, including, but not limited to, issuing citations for
 6585  the violation of such rules or the traffic laws of the state or
 6586  any county or municipality and impounding illegally or
 6587  wrongfully parked vehicles.
 6588         (6) To Delegate or assign duties and responsibilities
 6589  furthering the provision of security as required and authorized
 6590  by this section to any state agency occupying such state-owned
 6591  property. Security requirements may be included in lease
 6592  agreements or established by department rule.
 6593         Section 208. Section 281.03, Florida Statutes, is amended
 6594  to read:
 6595         281.03 Incident reports and record retention.—The
 6596  Department of Environmental Protection Management Services shall
 6597  provide make provision for the collection and retention of
 6598  copies of reports relating to criminal activity or other safety
 6599  related and security-related incidents occurring on state-owned
 6600  property for use in ongoing security planning and to fulfill its
 6601  responsibilities under s. 281.02.
 6602         Section 209. Section 281.06, Florida Statutes, is amended
 6603  to read:
 6604         281.06 Contracts with counties, municipalities, or licensed
 6605  private security agencies.—The Department of Environmental
 6606  Protection Management Services may contract with any county,
 6607  municipality, or licensed private security agency to provide and
 6608  maintain the security of state-owned property, and the safety
 6609  and security of occupants and visitors thereof, pursuant to ss.
 6610  281.02-281.08 upon such terms as the department deems may deem
 6611  to be in the best interest of the state.
 6612         Section 210. Subsection (1) of section 281.07, Florida
 6613  Statutes, is amended to read:
 6614         281.07 Rules; Facilities Program; traffic regulation.—
 6615         (1) The Department of Environmental Protection Management
 6616  Services shall adopt and promulgate rules to govern the
 6617  administration, operation, and management of the Facilities
 6618  Program and to regulate traffic and parking on state-owned
 6619  property, including the Capitol Complex, which may rules are not
 6620  in conflict with any state law or county or municipal ordinance,
 6621  and to carry out the provisions of ss. 281.02-281.08.
 6622         Section 211. Section 281.08, Florida Statutes, is amended
 6623  to read:
 6624         281.08 Equipment.—The Department of Environmental
 6625  Protection may Management Services is specifically authorized to
 6626  purchase, sell, trade, rent, lease, and maintain all necessary
 6627  equipment, motor vehicles, communication systems, housing
 6628  facilities, and office space, and perform any other acts
 6629  necessary for the proper administration of ss. 281.02-281.08,
 6630  pursuant to part I of chapter 287.
 6631         Section 212. Subsection (12) of section 282.0041, Florida
 6632  Statutes, is amended to read:
 6633         282.0041 Definitions.—As used in this chapter, the term:
 6634         (12)“Department” means the Department of Management
 6635  Services.
 6636         Section 213. Section 282.205, Florida Statutes, is amended
 6637  to read:
 6638         282.205 Southwood Shared Resource Center.—The Southwood
 6639  Shared Resource Center is an agency established within the
 6640  Agency for Enterprise Information Technology department for
 6641  administrative purposes only.
 6642         (1) The center is designated as a primary data center and
 6643  shall be a separate budget entity that is not subject to
 6644  control, supervision, or direction of the agency department in
 6645  any manner, including, but not limited to, purchasing,
 6646  transactions involving real or personal property, personnel, or
 6647  budgetary matters.
 6648         (2) The center shall be headed by a board of trustees as
 6649  provided in s. 282.203, who shall comply with all requirements
 6650  of that section related to the operation of the center and with
 6651  the rules of the agency for Enterprise Information Technology
 6652  related to the design and delivery of enterprise information
 6653  technology services.
 6654         Section 214. Section 282.604, Florida Statutes, is amended
 6655  to read:
 6656         282.604 Adoption of rules.—The Agency for Enterprise
 6657  Information Technology Department of Management Services shall,
 6658  with input from stakeholders, adopt rules pursuant to ss.
 6659  120.536(1) and 120.54 for the development, procurement,
 6660  maintenance, and use of accessible electronic information
 6661  technology by governmental units.
 6662         Section 215. Section 282.702, Florida Statutes, is amended
 6663  to read:
 6664         282.702 Powers and duties.—The Agency for Enterprise
 6665  Information Technology Department of Management Services shall
 6666  have the following powers, duties, and functions:
 6667         (1) To publish electronically the portfolio of services
 6668  available from the department, including pricing information;
 6669  the policies and procedures of the state communications network
 6670  governing usage of available services; and a forecast of the
 6671  priorities and initiatives for the state communications system
 6672  for the ensuing 2 years.
 6673         (2) To adopt technical standards for the state
 6674  communications network which will ensure the interconnection of
 6675  computer networks and information systems of agencies.
 6676         (3) To enter into agreements related to information
 6677  technology with state agencies and political subdivisions of the
 6678  state.
 6679         (4) To purchase from or contract with information
 6680  technology providers for information technology, including
 6681  private line services.
 6682         (5) To apply for, receive, and hold such authorizations,
 6683  patents, copyrights, trademarks, service marks, licenses, and
 6684  allocations or channels and frequencies to carry out the
 6685  purposes of this part.
 6686         (6) To purchase, lease, or otherwise acquire and to hold,
 6687  sell, transfer, license, or otherwise dispose of real, personal,
 6688  and intellectual property, including, but not limited to,
 6689  patents, trademarks, copyrights, and service marks.
 6690         (7) To cooperate with any federal, state, or local
 6691  emergency management agency in providing for emergency
 6692  communications services.
 6693         (8) To control and approve the purchase, lease, or
 6694  acquisition and the use of communications services provided as
 6695  part of any other total system to be used by the state or any of
 6696  its agencies.
 6697         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
 6698  relating to communications and to administer the provisions of
 6699  this part.
 6700         (10) To apply for and accept federal funds for any of the
 6701  purposes of this part as well as gifts and donations from
 6702  individuals, foundations, and private organizations.
 6703         (11) To monitor issues relating to communications
 6704  facilities and services before the Florida Public Service
 6705  Commission and, when necessary, prepare position papers, prepare
 6706  testimony, appear as a witness, and retain witnesses on behalf
 6707  of state agencies in proceedings before the commission.
 6708         (12) Unless delegated to the state agencies by the Agency
 6709  for Enterprise Information Technology department, to manage and
 6710  control, but not intercept or interpret, communications within
 6711  the SUNCOM Network by:
 6712         (a) Establishing technical standards to physically
 6713  interface with the SUNCOM Network.
 6714         (b) Specifying how communications are transmitted within
 6715  the SUNCOM Network.
 6716         (c) Controlling the routing of communications within the
 6717  SUNCOM Network.
 6718         (d) Establishing standards, policies, and procedures for
 6719  access to the SUNCOM Network.
 6720         (e) Ensuring orderly and reliable communications services
 6721  in accordance with the service level agreements executed with
 6722  state agencies.
 6723         (13) To plan, design, and conduct experiments for
 6724  communications services, equipment, and technologies, and to
 6725  implement enhancements in the state communications network if
 6726  when in the public interest and cost-effective. Funding for such
 6727  experiments shall be derived from SUNCOM Network service
 6728  revenues and may shall not exceed 2 percent of the annual budget
 6729  for the SUNCOM Network for any fiscal year or as provided in the
 6730  General Appropriations Act. New services offered as a result of
 6731  this subsection may shall not affect existing rates for
 6732  facilities or services.
 6733         (14) To enter into contracts or agreements, with or without
 6734  competitive bidding or procurement, to make available, on a
 6735  fair, reasonable, and nondiscriminatory basis, property and
 6736  other structures under the Agency for Enterprise Information
 6737  Technology’s departmental control for the placement of new
 6738  facilities by any wireless provider of mobile service as defined
 6739  in 47 U.S.C. s. 153(27) or s. 332(d) and any telecommunications
 6740  company as defined in s. 364.02 if when it is determined to be
 6741  practical and feasible to make such property or other structures
 6742  available. The agency department may, without adopting a rule,
 6743  charge a just, reasonable, and nondiscriminatory fee for the
 6744  placement of the facilities, payable annually, based on the fair
 6745  market value of space used by comparable communications
 6746  facilities in the state. The agency department and a wireless
 6747  provider or telecommunications company may negotiate the
 6748  reduction or elimination of a fee in consideration of services
 6749  provided to the agency department by the wireless provider or
 6750  telecommunications company. All such fees collected by the
 6751  department shall be deposited directly into the Law Enforcement
 6752  Radio Operating Trust Fund, and may be used by the agency
 6753  department to construct, maintain, or support the system.
 6754         Section 216. Section 282.703, Florida Statutes, is amended
 6755  to read:
 6756         282.703 SUNCOM Network; exemptions from the required use.—
 6757         (1) There is created within the department The SUNCOM
 6758  Network is created within the Agency for Enterprise Information
 6759  Technology as, which shall be developed to serve as the state
 6760  communications system for providing local and long-distance
 6761  communications services to state agencies, political
 6762  subdivisions of the state, municipalities, state universities,
 6763  and nonprofit corporations pursuant to this part. The SUNCOM
 6764  Network shall be developed to transmit all types of
 6765  communications signals, including, but not limited to, voice,
 6766  data, video, image, and radio. State agencies shall cooperate
 6767  and assist in the development and joint use of communications
 6768  systems and services.
 6769         (2) The agency department shall design, engineer,
 6770  implement, manage, and operate through state ownership,
 6771  commercial leasing, or some combination thereof, the facilities
 6772  and equipment providing SUNCOM Network services, and shall
 6773  develop a system of equitable billings and charges for
 6774  communication services.
 6775         (3) All state agencies and state universities shall use the
 6776  SUNCOM Network for agency and state university communications
 6777  services as the services become available; however, no agency or
 6778  university is relieved of responsibility for maintaining
 6779  communications services necessary for effective management of
 6780  its programs and functions. If a SUNCOM Network service does not
 6781  meet the communications requirements of an agency or university,
 6782  the agency or university shall notify the Agency for Enterprise
 6783  Information Technology department in writing and detail the
 6784  requirements for that communications service. If the agency
 6785  department is unable to meet an agency’s or university’s
 6786  requirements by enhancing SUNCOM Network service, the agency
 6787  department may grant the agency or university an exemption from
 6788  the required use of specified SUNCOM Network services.
 6789         Section 217. Section 282.704, Florida Statutes, is amended
 6790  to read:
 6791         282.704 Use of state SUNCOM Network by municipalities.—Any
 6792  municipality may request the Agency for Enterprise Information
 6793  Technology department to provide any or all of the SUNCOM
 6794  Network’s portfolio of communications services upon such terms
 6795  and conditions as the agency department may establish. The
 6796  requesting municipality shall pay its share of installation and
 6797  recurring costs according to the published rates for SUNCOM
 6798  Network services and as invoiced by the agency department. Such
 6799  municipality shall also pay for any requested modifications to
 6800  existing SUNCOM Network services, if any charges apply.
 6801         Section 218. Section 282.705, Florida Statutes, is amended
 6802  to read:
 6803         282.705 Use of state SUNCOM Network by nonprofit
 6804  corporations.—
 6805         (1) The Agency for Enterprise Information Technology
 6806  department shall provide a means whereby private nonprofit
 6807  corporations under contract with state agencies or political
 6808  subdivisions of the state may use the state SUNCOM Network,
 6809  subject to the limitations in this section. In order to qualify
 6810  to use the state SUNCOM Network, a nonprofit corporation shall:
 6811         (a) Expend the majority of its total direct revenues for
 6812  the provision of contractual services to the state, a
 6813  municipality, or a political subdivision; and
 6814         (b) Receive only a small portion of its total revenues from
 6815  any source other than a state agency, a municipality, or a
 6816  political subdivision during the time SUNCOM Network services
 6817  are requested.
 6818         (2) Each nonprofit corporation seeking authorization to use
 6819  the state SUNCOM Network shall provide to the agency department,
 6820  upon request, proof of compliance with subsection (1).
 6821         (3) Nonprofit corporations established pursuant to general
 6822  law and an association of municipal governments which is wholly
 6823  owned by the municipalities are eligible to use the state SUNCOM
 6824  Network, subject to the terms and conditions of the agency
 6825  department.
 6826         (4) Institutions qualified to participate in the William L.
 6827  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 6828  1009.89 may are eligible to use the state SUNCOM Network,
 6829  subject to the terms and conditions of the agency department.
 6830  Such entities are not required to satisfy the other criteria of
 6831  this section.
 6832         (5) Private, nonprofit elementary and secondary schools are
 6833  eligible for rates and services on the same basis as public
 6834  schools if such schools do not have an endowment in excess of
 6835  $50 million.
 6836         Section 219. Section 282.706, Florida Statutes, is amended
 6837  to read:
 6838         282.706 Use of SUNCOM Network by libraries.—The Agency for
 6839  Enterprise Information Technology department may provide SUNCOM
 6840  Network services to any library in the state, including
 6841  libraries in public schools, community colleges, state
 6842  universities, and nonprofit private postsecondary educational
 6843  institutions, and libraries owned and operated by municipalities
 6844  and political subdivisions.
 6845         Section 220. Section 282.707, Florida Statutes, is amended
 6846  to read:
 6847         282.707 SUNCOM Network; criteria for usage.—
 6848         (1) The Agency for Enterprise Information Technology
 6849  department shall periodically review the qualifications of
 6850  subscribers using the state SUNCOM Network and shall terminate
 6851  services provided to any facility not qualified under this part
 6852  or rules adopted hereunder. In the event of nonpayment of
 6853  invoices by subscribers whose SUNCOM Network invoices are paid
 6854  from sources other than legislative appropriations, such
 6855  nonpayment represents good and sufficient reason to terminate
 6856  service.
 6857         (2) The agency department shall adopt rules for
 6858  implementing and operating the state SUNCOM Network, which
 6859  include procedures for withdrawing and restoring authorization
 6860  to use the state SUNCOM Network. Such rules must shall provide a
 6861  minimum of 30 days’ notice to affected parties before
 6862  terminating voice communications service.
 6863         (3) This section does not limit or restrict the ability of
 6864  the Florida Public Service Commission to set jurisdictional
 6865  tariffs of telecommunications companies.
 6866         Section 221. Section 282.709, Florida Statutes, is amended
 6867  to read:
 6868         282.709 State agency law enforcement radio system and
 6869  interoperability network.—
 6870         (1) The Department of Law Enforcement may acquire and
 6871  administer a statewide radio communications system to serve law
 6872  enforcement units of state agencies, and to serve local law
 6873  enforcement agencies through mutual aid channels.
 6874         (a) The department shall, in conjunction with the Agency
 6875  for Enterprise Information Technology Department of Law
 6876  Enforcement and the Division of Emergency Management of the
 6877  Department of Community Affairs, establish policies, procedures,
 6878  and standards to be incorporated into a comprehensive management
 6879  plan for the use and operation of the statewide radio
 6880  communications system.
 6881         (b) The department shall bear the overall responsibility
 6882  for the design, engineering, acquisition, and implementation of
 6883  the statewide radio communications system and for ensuring the
 6884  proper operation and maintenance of all common system equipment.
 6885         (c)1. The department may rent or lease space on any tower
 6886  under its control and refuse to lease space on any tower at any
 6887  site.
 6888         2. The department may rent, lease, or sublease ground space
 6889  as necessary to locate equipment to support antennae on the
 6890  towers. The costs for the use of such space shall be established
 6891  by the department for each site if it is determined to be
 6892  practicable and feasible to make space available.
 6893         3. The department may rent, lease, or sublease ground space
 6894  on lands acquired by the department for the construction of
 6895  privately owned or publicly owned towers. The department may, as
 6896  a part of such rental, lease, or sublease agreement, require
 6897  space on such towers for antennae as necessary for the
 6898  construction and operation of the state agency law enforcement
 6899  radio system or any other state need.
 6900         4. All moneys collected by the department for rents,
 6901  leases, and subleases under this subsection shall be deposited
 6902  directly into the State Agency Law Enforcement Radio System
 6903  Trust Fund established in subsection (3) and may be used by the
 6904  department to construct, maintain, or support the system.
 6905         5. The positions necessary for the department to accomplish
 6906  its duties under this subsection shall be established in the
 6907  General Appropriations Act and funded by the Law Enforcement
 6908  Radio Operating Trust Fund or other revenue sources.
 6909         (d) The department shall exercise its powers and duties
 6910  under this part to plan, manage, and administer the mutual aid
 6911  channels in the statewide radio communication system.
 6912         1. In implementing such powers and duties, the department
 6913  shall consult and act in conjunction with the Department of Law
 6914  Enforcement and the Division of Emergency Management of the
 6915  Department of Community Affairs, and shall manage and administer
 6916  the mutual aid channels in a manner that reasonably addresses
 6917  the needs and concerns of the involved law enforcement agencies
 6918  and emergency response agencies and entities.
 6919         2. The department may make the mutual aid channels
 6920  available to federal agencies, state agencies, and agencies of
 6921  the political subdivisions of the state for the purpose of
 6922  public safety and domestic security.
 6923         (e) The department may allow other state agencies to use
 6924  the statewide radio communications system under terms and
 6925  conditions established by the department.
 6926         (2) The Joint Task Force on State Agency Law Enforcement
 6927  Communications is created adjunct to the department to advise
 6928  the department of member-agency needs relating to the planning,
 6929  designing, and establishment of the statewide communication
 6930  system.
 6931         (a) The Joint Task Force on State Agency Law Enforcement
 6932  Communications shall consist of eight members, as follows:
 6933         1. A representative of the Division of Alcoholic Beverages
 6934  and Tobacco of the Department of Business and Professional
 6935  Regulation who shall be appointed by the secretary of the
 6936  department.
 6937         2. A representative of the Division of Florida Highway
 6938  Patrol of the Department of Highway Safety and Motor Vehicles
 6939  who shall be appointed by the executive director of the
 6940  department.
 6941         3. A representative of the Department of Law Enforcement
 6942  who shall be appointed by the executive director of the
 6943  department.
 6944         4. A representative of the Fish and Wildlife Conservation
 6945  Commission who shall be appointed by the executive director of
 6946  the commission.
 6947         5. A representative of the Division of Law Enforcement of
 6948  the Department of Environmental Protection who shall be
 6949  appointed by the secretary of the department.
 6950         6. A representative of the Department of Corrections who
 6951  shall be appointed by the secretary of the department.
 6952         7. A representative of the Division of State Fire Marshal
 6953  of the Department of Financial Services who shall be appointed
 6954  by the State Fire Marshal.
 6955         8. A representative of the Department of Transportation who
 6956  shall be appointed by the secretary of the department.
 6957         (b) Each appointed member of the joint task force shall
 6958  serve at the pleasure of the appointing official. Any vacancy on
 6959  the joint task force shall be filled in the same manner as the
 6960  original appointment. A joint task force member may, upon
 6961  notification to the chair before the beginning of any scheduled
 6962  meeting, appoint an alternative to represent the member on the
 6963  task force and vote on task force business in his or her
 6964  absence.
 6965         (c) The joint task force shall elect a chair from among its
 6966  members to serve a 1-year term. A vacancy in the chair of the
 6967  joint task force must be filled for the remainder of the
 6968  unexpired term by an election of the joint task force members.
 6969         (d) The joint task force shall meet as necessary, but at
 6970  least quarterly, at the call of the chair and at the time and
 6971  place designated by him or her.
 6972         (e) The per diem and travel expenses incurred by a member
 6973  of the joint task force in attending its meetings and in
 6974  attending to its affairs shall be paid pursuant to s. 112.061,
 6975  from funds budgeted to the state agency that the member
 6976  represents.
 6977         (f) The department shall provide technical support to the
 6978  joint task force.
 6979         (3) The State Agency Law Enforcement Radio System Trust
 6980  Fund is established in the department and funded from surcharges
 6981  collected under ss. 318.18, 320.0802, and 328.72. Upon
 6982  appropriation, moneys in the trust fund may be used by the
 6983  department to acquire by competitive procurement the equipment,
 6984  software, and engineering, administrative, and maintenance
 6985  services it needs to construct, operate, and maintain the
 6986  statewide radio system. Moneys in the trust fund collected as a
 6987  result of the surcharges set forth in ss. 318.18, 320.0802, and
 6988  328.72 shall be used to help fund the costs of the system. Upon
 6989  completion of the system, moneys in the trust fund may also be
 6990  used by the department for payment of the recurring maintenance
 6991  costs of the system.
 6992         (4) The department may create and administer an
 6993  interoperability network to enable interoperability between
 6994  various radio communications technologies and to serve federal
 6995  agencies, state agencies, and agencies of political subdivisions
 6996  of the state for the purpose of public safety and domestic
 6997  security.
 6998         (a) The department shall, in conjunction with the
 6999  Department of Law Enforcement and the Division of Emergency
 7000  Management of the Department of Community Affairs, exercise its
 7001  powers and duties pursuant to this chapter to plan, manage, and
 7002  administer the interoperability network. The office may:
 7003         1. Enter into mutual aid agreements among federal agencies,
 7004  state agencies, and political subdivisions of the state for the
 7005  use of the interoperability network.
 7006         2. Establish the cost of maintenance and operation of the
 7007  interoperability network and charge subscribing federal and
 7008  local law enforcement agencies for access and use of the
 7009  network. The department may not charge state law enforcement
 7010  agencies identified in paragraph (2)(a) to use the network.
 7011         3. In consultation with the Department of Law Enforcement
 7012  and the Division of Emergency Management of the Department of
 7013  Community Affairs, amend and enhance the statewide radio
 7014  communications system as necessary to implement the
 7015  interoperability network.
 7016         (b) The department, in consultation with the Joint Task
 7017  Force on State Agency Law Enforcement Communications, and in
 7018  conjunction with the Department of Law Enforcement and the
 7019  Division of Emergency Management of the Department of Community
 7020  Affairs, shall establish policies, procedures, and standards to
 7021  incorporate into a comprehensive management plan for the use and
 7022  operation of the interoperability network.
 7023         Section 222. Section 282.7101, Florida Statutes, is amended
 7024  to read:
 7025         282.7101 Statewide system of regional law enforcement
 7026  communications.—
 7027         (1) It is the intent and purpose of the Legislature that a
 7028  statewide system of regional law enforcement communications be
 7029  developed whereby maximum efficiency in the use of existing
 7030  radio channels is achieved in order to deal more effectively
 7031  with the apprehension of criminals and the prevention of crime.
 7032  To this end, all law enforcement agencies within the state are
 7033  directed to provide the Department of Law Enforcement with any
 7034  information the department requests for the purpose of
 7035  implementing the provisions of subsection (2).
 7036         (2) The Department of Law Enforcement shall is hereby
 7037  authorized and directed to develop and maintain a statewide
 7038  system of regional law enforcement communications. In
 7039  formulating such a system, the department shall divide the state
 7040  into appropriate regions and shall develop a program that
 7041  includes, but is not limited to:
 7042         (a) The communications requirements for each county and
 7043  municipality comprising the region.
 7044         (b) An interagency communications provision that depicts
 7045  the communication interfaces between municipal, county, and
 7046  state law enforcement entities operating within the region.
 7047         (c) A frequency allocation and use provision that includes,
 7048  on an entity basis, each assigned and planned radio channel and
 7049  the type of operation, simplex, duplex, or half-duplex, on each
 7050  channel.
 7051         (3) The department shall adopt any necessary rules and
 7052  regulations for administering and coordinating the statewide
 7053  system of regional law enforcement communications.
 7054         (4) The executive director secretary of the department or a
 7055  his or her designee shall be is designated as the director of
 7056  the statewide system of regional law enforcement communications
 7057  and, for the purpose of carrying out the provisions of this
 7058  section, may coordinate the activities of the system with other
 7059  interested state agencies and local law enforcement agencies.
 7060         (5) A law enforcement communications system may not be
 7061  established or expanded without the prior approval of the
 7062  department.
 7063         (6)Within the limits of its capability, the Department of
 7064  Law Enforcement is encouraged to lend assistance to the
 7065  department in the development of the statewide system of
 7066  regional law enforcement communications proposed by this
 7067  section.
 7068         Section 223. Section 282.711, Florida Statutes, is amended
 7069  to read:
 7070         282.711 Remote electronic access services.—The Agency for
 7071  Enterprise Information Technology department may collect fees
 7072  for providing remote electronic access pursuant to s. 119.07(2).
 7073  The fees may be imposed on individual transactions or as a fixed
 7074  subscription for a designated period of time. All fees collected
 7075  under this section shall be deposited in the appropriate trust
 7076  fund of the program or activity that made the remote electronic
 7077  access available.
 7078         Section 224. Subsections (2) through (6) of section 283.30,
 7079  Florida Statutes, are amended to read:
 7080         283.30 Definitions.—As used in this part, unless the
 7081  context clearly requires otherwise, the term:
 7082         (2)“Department” means the Department of Management
 7083  Services.
 7084         (2)(3) “Duplicating” means the process of reproducing an
 7085  image or images from an original to a final substrate through
 7086  the electrophotographic, xerographic, laser, or offset process
 7087  or any combination of these processes, by which an operator can
 7088  make more than one copy without rehandling the original.
 7089         (3)(4) “Printing” means is the transfer of an image or
 7090  images by the use of ink or similar substance from an original
 7091  image to the final substrate through the process of letterpress,
 7092  offset lithography, gravure, screen printing, or engraving.
 7093  Printing includes shall include the process of and the materials
 7094  used in binding. Printing shall also includes include
 7095  duplicating when used to produce publications.
 7096         (4)(5) “Public” means those entities and persons other than
 7097  subordinate and functionally related or connected federal,
 7098  state, or local governmental agencies.
 7099         (5)(6) “Publication” means any document, whether produced
 7100  for public or internal distribution.
 7101         Section 225. Subsection (3) of section 283.32, Florida
 7102  Statutes, is amended to read:
 7103         283.32 Recycled paper to be used by each agency; printing
 7104  bids certifying use of recycled paper; percentage preference in
 7105  awarding contracts.—
 7106         (3) Upon the evaluation of bids for each printing contract,
 7107  the agency shall identify the lowest responsive bid and any
 7108  other responsive bids in which it has been certified that the
 7109  materials used in printing contain at least the minimum
 7110  percentage of recycled content that is set forth by the
 7111  Department of Financial Services. In awarding a contract for
 7112  printing, the agency may allow up to a 10-percent price
 7113  preference, as provided in s. 287.045, to a responsible and
 7114  responsive vendor that has certified that the materials used in
 7115  printing contain at least the minimum percentage of recycled
 7116  content established by the department. If no vendors offer
 7117  materials for printing that contain the minimum prescribed
 7118  recycled content, the contract shall be awarded to the
 7119  responsible vendor that submits the lowest responsive bid.
 7120         Section 226. Subsection (2) of section 284.01, Florida
 7121  Statutes, is amended to read:
 7122         284.01 State Risk Management Trust Fund; coverages to be
 7123  provided.—
 7124         (2) The fund shall insure all buildings, whether financed
 7125  in whole or in part by revenue bonds or certificates, and the
 7126  contents thereof or of any other buildings leased or rented by
 7127  the state. For the purpose of this section, all manufactured
 7128  homes and contents, whether permanently affixed to realty or
 7129  otherwise, are included. Rental value insurance shall also be
 7130  provided to indemnify the state or any of its agencies for loss
 7131  of income if when such rental income insurance is required to be
 7132  carried by the terms of any bonding or revenue certificates or
 7133  resolutions. Rental value insurance must shall also be provided
 7134  to indemnify the state or any of its agencies for loss of income
 7135  from those buildings operated and maintained by the Department
 7136  of Environmental Protection Management Services from the
 7137  Supervision Trust Fund.
 7138         Section 227. Section 284.04, Florida Statutes, is amended
 7139  to read:
 7140         284.04 Notice and information required by Department of
 7141  Financial Services of all Newly erected or acquired state
 7142  property subject to insurance.—The Department of Environmental
 7143  Protection Management Services and all agencies in charge of
 7144  state property shall notify the Department of Financial Services
 7145  of all newly erected or acquired property subject to coverage as
 7146  soon as erected or acquired, giving its value, type of
 7147  construction, location, whether inside or outside of corporate
 7148  limits, occupancy, and any other information the Department of
 7149  Financial Services may require in connection with such property.
 7150  Such department or agency shall also immediately notify the
 7151  Department of Financial Services immediately of any change in
 7152  value or occupancy of any property covered by the fund. Unless
 7153  the above data is submitted in writing within a reasonable time
 7154  following such erection, acquisition, or change, the Department
 7155  of Financial Services shall provide insurance coverage to the
 7156  extent shown by the last notification in writing to the fund or
 7157  in accordance with the last valuation shown by fund records. In
 7158  case of disagreement between the Department of Financial
 7159  Services and the agency or person in charge of any covered state
 7160  property as to its true value, the amount of the insurance to be
 7161  carried thereon, the proper premium rate or rates, or amount of
 7162  loss settlement, the matter in disagreement shall be determined
 7163  by the Department of Environmental Protection Management
 7164  Services.
 7165         Section 228. Section 284.05, Florida Statutes, is amended
 7166  to read:
 7167         284.05 Inspection of insured state property.—The Department
 7168  of Financial Services shall inspect all permanent buildings
 7169  insured by the State Risk Management Trust Fund, and whenever
 7170  conditions are found to exist which, in the opinion of the
 7171  Department of Financial Services, conditions are found to exist
 7172  which are hazardous from the standpoint of destruction by fire
 7173  or other loss, the department of Financial Services may order
 7174  the same repaired or remedied, and the agency, board, or person
 7175  in charge of such property must immediately repair or remedy is
 7176  required to have such dangerous conditions immediately repaired
 7177  or remedied upon written notice from the department of Financial
 7178  Services of the such hazardous conditions. Such amounts as may
 7179  be necessary to comply with such notice or notices shall be paid
 7180  by the Department of Environmental Protection Management
 7181  Services or by the agency, board, or person in charge of such
 7182  property out of any moneys appropriated for the maintenance of
 7183  the respective agency or for the repairs or permanent
 7184  improvement of such properties or from any incidental or
 7185  contingent funds they may have on hand. If there is In the event
 7186  of a disagreement between the Department of Financial Services
 7187  and the agency, board, or person having charge of such property
 7188  as to the necessity of the repairs or remedies ordered, the
 7189  matter in disagreement shall be determined by the Department of
 7190  Environmental Protection Management Services.
 7191         Section 229. Section 284.08, Florida Statutes, is amended
 7192  to read:
 7193         284.08 Reinsurance on excess coverage and approval by
 7194  Department of Management Services.—The Department of Financial
 7195  Services shall determine what excess coverage is necessary and
 7196  may purchase reinsurance thereon upon approval by the Department
 7197  of Management Services.
 7198         Section 230. Subsection (1) of section 284.33, Florida
 7199  Statutes, is amended to read:
 7200         284.33 Purchase of insurance, reinsurance, and services.—
 7201         (1) The Department of Financial Services shall is
 7202  authorized to provide insurance, specific excess insurance, and
 7203  aggregate excess insurance through the Department of Management
 7204  Services, pursuant to the provisions of part I of chapter 287,
 7205  as necessary to provide insurance coverages authorized by this
 7206  part, consistent with market availability. However, The
 7207  department of Financial Services may directly purchase annuities
 7208  by using a structured settlement insurance consulting firm
 7209  selected by the department to assist in the settlement of claims
 7210  being handled by the Division of Risk Management. The selection
 7211  of the structured settlement insurance services consultant shall
 7212  be made by using competitive sealed proposals. The consulting
 7213  firm shall act as an agent of record for the department in
 7214  procuring the best annuity products available to facilitate
 7215  structured settlement of claims, considering price, insurer
 7216  financial strength, and the best interests of the state risk
 7217  management program. Purchase of annuities by the department
 7218  using a structured settlement method is excepted from
 7219  competitive sealed bidding or proposal requirements. The
 7220  department may also of Financial Services is further authorized
 7221  to purchase such risk management services, including, but not
 7222  limited to, risk and claims control; safety management; and
 7223  legal, investigative, and adjustment services, as may be
 7224  required and pay claims. The department may contract with a
 7225  service organization for such services and advance money to such
 7226  service organization for deposit in a special checking account
 7227  for paying claims made against the state under the provisions of
 7228  this part. The special checking account shall be maintained in
 7229  this state in a bank or savings association organized under the
 7230  laws of this state or of the United States. The department may
 7231  replenish such account as often as necessary upon the
 7232  presentation by the service organization of documentation for
 7233  payments of claims equal to the amount of the requested
 7234  reimbursement.
 7235         Section 231. Section 284.385, Florida Statutes, is amended
 7236  to read:
 7237         284.385 Reporting and handling of claims.—All departments
 7238  covered by the State Risk Management Trust Fund under this part
 7239  shall immediately report all known or potential claims to the
 7240  Department of Financial Services for handling, except employment
 7241  complaints which have not been filed with the Florida Human
 7242  Relations Commission, Equal Employment Opportunity Commission,
 7243  or any similar agency. If When deemed necessary, the Department
 7244  of Financial Services shall assign or reassign the claim to
 7245  counsel. The assigned counsel shall report regularly to the
 7246  Department of Financial Services or to the covered department on
 7247  the status of any such claims or litigation as required by the
 7248  Department of Financial Services. A No such claim may not shall
 7249  be compromised or settled for monetary compensation without the
 7250  prior approval of the Department of Financial Services and prior
 7251  notification to the covered department. All departments shall
 7252  cooperate with the Department of Financial Services in its
 7253  handling of claims. The Department of Financial Services and the
 7254  Department of Management Services, with the cooperation of the
 7255  state attorneys and the clerks of the courts, shall develop a
 7256  system to coordinate the exchange of information concerning
 7257  claims for and against the state, its agencies, and its
 7258  subdivisions, to assist in collection of amounts due to them.
 7259  The covered department shall have the responsibility for the
 7260  settlement of any claim for injunctive or affirmative relief
 7261  under 42 U.S.C. s. 1983 or similar federal or state statutes.
 7262  The payment of a settlement or judgment for any claim covered
 7263  and reported under this part shall be made only from the State
 7264  Risk Management Trust Fund.
 7265         Section 232. Section 284.42, Florida Statutes, is amended
 7266  to read:
 7267         284.42 Reports on state insurance program.—
 7268         (1) The Department of Financial Services, with the
 7269  Department of Management Services, shall make an analysis of the
 7270  state insurance program annually, which includes shall include:
 7271         (a) Complete underwriting information as to the nature of
 7272  the risks accepted for self-insurance and those risks that are
 7273  transferred to the insurance market.
 7274         (b) The funds allocated to the Florida Casualty Risk
 7275  Management Trust Fund and premiums paid for insurance through
 7276  the market.
 7277         (c) The method of handling legal matters and the cost
 7278  allocated.
 7279         (d) The method and cost of handling inspection and
 7280  engineering of risks.
 7281         (e) The cost of risk management service purchased.
 7282         (f) The cost of managing the State Insurance Program by the
 7283  Department of Financial Services and the Department of
 7284  Management Services.
 7285         (2) The department departments shall make available
 7286  complete claims history including description of loss, claims
 7287  paid and reserved, and the cost of all claims handled by the
 7288  state.
 7289         Section 233. Section 285.06, Florida Statutes, is amended
 7290  to read:
 7291         285.06 State Indian Reservation.—If When, as the result of
 7292  the exchanges provided for in ss. 285.04 and 285.05, there shall
 7293  have been established a reservation that has been established
 7294  for the Indians by the United States in Florida, the State
 7295  Seminole Indian Reservation in Monroe County, created by chapter
 7296  7310, Acts of 1917, is shall be withdrawn and returned to the
 7297  Board of Trustees of the Internal Improvement Trust Fund,; and
 7298  thereupon the board of trustees of the Internal Improvement
 7299  Trust Fund shall set aside a tract of land of approximately
 7300  equal size and of suitable character, adjacently located, as
 7301  nearly as may be, to the reservation to be established by the
 7302  United States; and said lands, when so set aside, shall
 7303  constitute the State Indian Reservation and shall be held in
 7304  trust by the Department of Environmental Protection Management
 7305  Services for the perpetual benefit of the Indians and as a
 7306  reservation for them.
 7307         Section 234. Subsection (4) of section 285.14, Florida
 7308  Statutes, is amended to read:
 7309         285.14 Board of Trustees of the Internal Improvement Trust
 7310  Fund as trustee to accept donations of and acquire property for
 7311  Indians.—
 7312         (4) The Department of Environmental Protection Management
 7313  Services, the State Board of Education, and any other state
 7314  board or agency having title to lands or having lands under
 7315  their jurisdiction, management, or control, may in their
 7316  discretion convey and transfer to the board of trustees the
 7317  title to such any of said lands in trust for the use and benefit
 7318  of said Indians.
 7319         Section 235. Subsections (1) and (3) of section 286.29,
 7320  Florida Statutes, are amended to read:
 7321         286.29 Climate-friendly public business.—The Legislature
 7322  recognizes the importance of leadership by state government in
 7323  the area of energy efficiency and in reducing the greenhouse gas
 7324  emissions of state government operations. The following shall
 7325  pertain to all state agencies when conducting public business:
 7326         (1) The Department of Financial Management Services shall
 7327  develop the “Florida Climate-Friendly Preferred Products List.”
 7328  In maintaining that list, the department, in consultation with
 7329  the Department of Environmental Protection, shall continually
 7330  assess products currently available for purchase under state
 7331  term contracts to identify specific products and vendors that
 7332  offer clear energy efficiency or other environmental benefits
 7333  over competing products. When procuring products from state term
 7334  contracts, state agencies shall first consult the Florida
 7335  Climate-Friendly Preferred Products List and procure such
 7336  products if the price is comparable.
 7337         (3) Each state agency shall ensure that all maintained
 7338  vehicles meet minimum maintenance schedules shown to reduce fuel
 7339  consumption, which include: ensuring appropriate tire pressures
 7340  and tread depth; replacing fuel filters and emission filters at
 7341  recommended intervals; using proper motor oils; and performing
 7342  timely motor maintenance. Each state agency shall measure and
 7343  report compliance to the Department of Financial Management
 7344  Services through the Equipment Management Information System
 7345  database.
 7346         Section 236. Subsections (10) and (19) of section 287.012,
 7347  Florida Statutes, are amended to read:
 7348         287.012 Definitions.—As used in this part, the term:
 7349         (10) “Department” means the Department of Financial
 7350  Management Services.
 7351         (19) “Office” means the Office of Supplier Diversity in of
 7352  the department of Management Services.
 7353         Section 237. Subsection (4) of section 287.025, Florida
 7354  Statutes, is amended to read:
 7355         287.025 Prohibition against certain insurance coverage on
 7356  specified state property or insurable subjects.—
 7357         (4) No primary insurance contracts shall be purchased on
 7358  any property or insurable subjects when the same is loaned to,
 7359  leased by, or intended to be leased by, the state or its
 7360  departments, divisions, bureaus, commissions, or agencies unless
 7361  such coverage is required by the terms of the lease agreement
 7362  and unless the insurance coverages required by the provisions of
 7363  the lease are approved in writing by the Department of Financial
 7364  Management Services.
 7365         Section 238. Section 287.032, Florida Statutes, is amended
 7366  to read:
 7367         287.032 Purpose of department.—It shall be The purpose of
 7368  the Department of Financial Management Services under this
 7369  chapter is to:
 7370         (1) To Promote efficiency, economy, and the conservation of
 7371  energy and to effect coordination in the purchase of commodities
 7372  and contractual services for the state.
 7373         (2) To Provide uniform commodity and contractual service
 7374  procurement policies, rules, procedures, and forms for use by
 7375  agencies and eligible users.
 7376         (3) To Procure and distribute federal surplus tangible
 7377  personal property allocated to the state by the Federal
 7378  Government.
 7379         Section 239. Paragraph (h) of subsection (1), paragraph (b)
 7380  of subsection (2), and subsection (8) of section 287.042,
 7381  Florida Statutes, are amended to read:
 7382         287.042 Powers, duties, and functions.—The department shall
 7383  have the following powers, duties, and functions:
 7384         (1)
 7385         (h) The department may collect fees for the use of its
 7386  electronic information services. The fees may be imposed on an
 7387  individual transaction basis or as a fixed subscription for a
 7388  designated period of time. At a minimum, the fees shall be
 7389  determined in an amount sufficient to cover the department’s
 7390  projected costs of the services, including overhead in
 7391  accordance with the department’s policies of the Department of
 7392  Management Services for computing its administrative assessment.
 7393  All fees collected under this paragraph shall be deposited in
 7394  the Operating Trust Fund for disbursement as provided by law.
 7395         (2)
 7396         (b) As an alternative to any provision in s. 120.57(3)(c),
 7397  the department may proceed with the competitive solicitation or
 7398  contract award process of a term contract if the Chief Financial
 7399  Officer when the secretary of the department or a his or her
 7400  designee sets forth in writing particular facts and
 7401  circumstances that which demonstrate that the delay incident to
 7402  staying the solicitation or contract award process would be
 7403  detrimental to the interests of the state. After the award of a
 7404  contract resulting from a competitive solicitation in which a
 7405  timely protest was received and in which the state did not
 7406  prevail, the contract may be canceled and reawarded.
 7407         (8) To provide any commodity and contractual service
 7408  purchasing rules to the Chief Financial Officer and all agencies
 7409  through an electronic medium or other means. Agencies may not
 7410  approve any account or request any payment of any account for
 7411  the purchase of any commodity or the procurement of any
 7412  contractual service covered by a purchasing or contractual
 7413  service rule except as authorized therein. The department shall
 7414  furnish copies of department rules adopted by the department to
 7415  any county, municipality, or other local public agency
 7416  requesting them.
 7417         Section 240. Subsections (7) and (8) and paragraph (c) of
 7418  subsection (9) of section 287.055, Florida Statutes, are amended
 7419  to read:
 7420         287.055 Acquisition of professional architectural,
 7421  engineering, landscape architectural, or surveying and mapping
 7422  services; definitions; procedures; contingent fees prohibited;
 7423  penalties.—
 7424         (7) AUTHORITY OF DEPARTMENT OF ENVIRONMENTAL PROTECTION
 7425  MANAGEMENT SERVICES.—Notwithstanding any other provision of this
 7426  section, the Department of Environmental Protection Management
 7427  Services shall be the agency of state government which is solely
 7428  and exclusively authorized and empowered to administer and
 7429  perform the functions described in subsections (3), (4), and (5)
 7430  respecting all projects for which the funds necessary to
 7431  complete same are appropriated to the department of Management
 7432  Services, irrespective of whether such projects are intended for
 7433  the use and benefit of the department of Management Services or
 7434  any other agency of government. However, nothing herein shall be
 7435  construed to be in derogation of any authority conferred on the
 7436  Department of Environmental Protection Management Services by
 7437  other express provisions of law. Additionally, any agency of
 7438  government may, with the approval of the department of
 7439  Management Services, delegate to the department of Management
 7440  Services authority to administer and perform the functions
 7441  described in subsections (3), (4), and (5). Under the terms of
 7442  the delegation, the agency may reserve its right to accept or
 7443  reject a proposed contract.
 7444         (8) STATE ASSISTANCE TO LOCAL AGENCIES.—On any professional
 7445  service contract for which the fee is over $25,000, the
 7446  Department of Transportation or the Department of Environmental
 7447  Protection Management Services shall provide, upon request by a
 7448  municipality, political subdivision, school board, or school
 7449  district, and upon reimbursement of the costs involved,
 7450  assistance in selecting consultants and in negotiating
 7451  consultant contracts.
 7452         (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.—
 7453         (c) Except as otherwise provided in s. 337.11(7), the
 7454  Department of Environmental Protection Management Services shall
 7455  adopt rules for the award of design-build contracts to be
 7456  followed by state agencies. Each other agency must adopt rules
 7457  or ordinances for the award of design-build contracts.
 7458  Municipalities, political subdivisions, school districts, and
 7459  school boards shall award design-build contracts by the use of a
 7460  competitive proposal selection process as described in this
 7461  subsection, or by the use of a qualifications-based selection
 7462  process pursuant to subsections (3), (4), and (5) for entering
 7463  into a contract whereby the selected firm shall will, subsequent
 7464  to competitive negotiations, establish a guaranteed maximum
 7465  price and guaranteed completion date. If the procuring agency
 7466  elects the option of qualifications-based selection, during the
 7467  selection of the design-build firm the procuring agency shall
 7468  employ or retain a licensed design professional appropriate to
 7469  the project to serve as the agency’s representative. Procedures
 7470  for the use of a competitive proposal selection process must
 7471  include, at as a minimum, the following:
 7472         1. The preparation of a design criteria package for the
 7473  design and construction of the public construction project.
 7474         2. The qualification and selection of at least no fewer
 7475  than three design-build firms as the most qualified, based on
 7476  the qualifications, availability, and past work of the firms,
 7477  including the partners or members thereof.
 7478         3. The criteria, procedures, and standards for the
 7479  evaluation of design-build contract proposals or bids, based on
 7480  price, technical, and design aspects of the public construction
 7481  project, weighted for the project.
 7482         4. The solicitation of competitive proposals, pursuant to a
 7483  design criteria package, from those qualified design-build firms
 7484  and the evaluation of the responses or bids submitted by those
 7485  firms based on the evaluation criteria and procedures
 7486  established before prior to the solicitation of competitive
 7487  proposals.
 7488         5. For consultation with the employed or retained design
 7489  criteria professional concerning the evaluation of the responses
 7490  or bids submitted by the design-build firms, the supervision or
 7491  approval by the agency of the detailed working drawings of the
 7492  project; and for evaluation of the compliance of the project
 7493  construction with the design criteria package by the design
 7494  criteria professional.
 7495         6. In the case of public emergencies, for the agency head
 7496  to declare an emergency and authorize negotiations with the best
 7497  qualified design-build firm available at that time.
 7498         Section 241. Paragraph (d) of subsection (5) and paragraph
 7499  (b) of subsection (17) of section 287.057, Florida Statutes, are
 7500  amended to read:
 7501         287.057 Procurement of commodities or contractual
 7502  services.—
 7503         (5) When the purchase price of commodities or contractual
 7504  services exceeds the threshold amount provided in s. 287.017 for
 7505  CATEGORY TWO, no purchase of commodities or contractual services
 7506  may be made without receiving competitive sealed bids,
 7507  competitive sealed proposals, or competitive sealed replies
 7508  unless:
 7509         (d) If When it is in the best interest of the state, the
 7510  Chief Financial Officer secretary of the department or a his or
 7511  her designee may authorize the Support Program to purchase
 7512  insurance by negotiation, but such purchase shall be made only
 7513  under conditions most favorable to the public interest.
 7514         (17) For a contract in excess of the threshold amount
 7515  provided in s. 287.017 for CATEGORY FOUR, the agency head shall
 7516  appoint:
 7517         (b) At least three persons to conduct negotiations during a
 7518  competitive sealed reply procurement who collectively have
 7519  experience and knowledge in negotiating contracts, contract
 7520  procurement, and the program areas and service requirements for
 7521  which commodities or contractual services are sought. If When
 7522  the value of a contract is in excess of $1 million in any fiscal
 7523  year, at least one of the persons conducting negotiations must
 7524  be certified as a contract negotiator in accordance with
 7525  department based upon rules adopted by the Department of
 7526  Management Services in order to ensure that certified contract
 7527  negotiators are knowledgeable about effective negotiation
 7528  strategies, capable of successfully implementing those
 7529  strategies, and involved appropriately in the procurement
 7530  process. At a minimum, the rules must address the qualifications
 7531  required for certification, the method of certification, and the
 7532  procedure for involving the certified negotiator. If the value
 7533  of a contract is in excess of $10 million in any fiscal year, at
 7534  least one of the persons conducting negotiations must be a
 7535  Project Management Professional, as certified by the Project
 7536  Management Institute.
 7537         Section 242. Section 287.05721, Florida Statutes, is
 7538  amended to read:
 7539         287.05721 Definitions.—As used in ss. 287.0571-287.0574,
 7540  the term:
 7541         (1)“Council” means the Council on Efficient Government.
 7542         (2) “outsource” means the process of contracting with a
 7543  vendor to provide a service as defined in s. 216.011(1)(f), in
 7544  whole or in part, or an activity as defined in s.
 7545  216.011(1)(rr), while a state agency retains the responsibility
 7546  and accountability for the service or activity and there is a
 7547  transfer of management responsibility for the delivery of
 7548  resources and the performance of those resources.
 7549         Section 243. Section 287.0573, Florida Statutes, is
 7550  repealed.
 7551         Section 244. Subsections (1), (2), (3), and (4) of section
 7552  287.0574, Florida Statutes, are amended to read:
 7553         287.0574 Business cases to outsource; review and analysis;
 7554  requirements.—
 7555         (1) A business case to outsource having a projected cost
 7556  exceeding $10 million in any fiscal year shall require:
 7557         (a) An initial business case analysis conducted by the
 7558  state agency and submitted to the council, the Governor, the
 7559  President of the Senate, and the Speaker of the House of
 7560  Representatives at least 60 days before a solicitation is
 7561  issued. The council shall evaluate the business case analysis
 7562  and submit an advisory report to the state agency, the Governor,
 7563  the President of the Senate, and the Speaker of the House of
 7564  Representatives when the advisory report is completed, but at
 7565  least 30 days before the agency issues the solicitation.
 7566         (b) A final business case analysis conducted by the state
 7567  agency and submitted after the conclusion of any negotiations,
 7568  at least 30 days before execution of a contract, to the council,
 7569  the Governor, the President of the Senate, and the Speaker of
 7570  the House of Representatives.
 7571         (2) A proposal to outsource having a projected total cost
 7572  that ranges from $1 million to $10 million must in any fiscal
 7573  year shall require:
 7574         (a) An initial business case analysis conducted by the
 7575  state agency and submission of the business case, at least 30
 7576  days before issuing a solicitation, to the council, the
 7577  Governor, the President of the Senate, and the Speaker of the
 7578  House of Representatives.
 7579         (b) A final business case analysis conducted by the state
 7580  agency and submitted after the conclusion of any negotiations,
 7581  at least 30 days before execution of a contract, to the council,
 7582  the Governor, the President of the Senate, and the Speaker of
 7583  the House of Representatives.
 7584         (3) A business case to outsource that has having a
 7585  projected cost that is less than $1 million must in any fiscal
 7586  year shall require a final business case analysis conducted by
 7587  the state agency after the conclusion of any negotiations and
 7588  provided at least 30 days before execution of a contract to the
 7589  council. The council shall provide such business cases in its
 7590  annual report to the Legislature.
 7591         (4) For any proposed outsourcing, the state agency shall
 7592  develop a business case that justifies the proposal to
 7593  outsource. In order to reduce any administrative burden, the
 7594  council may allow a state agency shall to submit the business
 7595  case in the form required by the budget instructions issued
 7596  pursuant to s. 216.023(4)(a)7., augmented with additional
 7597  information if necessary, to ensure that the requirements of
 7598  this section are met. The business case is not subject to
 7599  challenge or protest pursuant to chapter 120. The business case
 7600  must include, but need not be limited to:
 7601         (a) A detailed description of the service or activity for
 7602  which the outsourcing is proposed.
 7603         (b) A description and analysis of the state agency’s
 7604  current performance, based on existing performance metrics if
 7605  the state agency is currently performing the service or
 7606  activity.
 7607         (c) The goals desired to be achieved through the proposed
 7608  outsourcing and the rationale for such goals.
 7609         (d) A citation to the existing or proposed legal authority
 7610  for outsourcing the service or activity.
 7611         (e) A description of available options for achieving the
 7612  goals. If state employees are currently performing the service
 7613  or activity, at least one option involving maintaining state
 7614  provision of the service or activity must shall be included.
 7615         (f) An analysis of the advantages and disadvantages of each
 7616  option, including, at a minimum, potential performance
 7617  improvements and risks.
 7618         (g) A description of the current market for the contractual
 7619  services that are under consideration for outsourcing.
 7620         (h) A cost-benefit analysis documenting the direct and
 7621  indirect specific baseline costs, savings, and qualitative and
 7622  quantitative benefits involved in or resulting from the
 7623  implementation of the recommended option or options. Such
 7624  analysis must specify the schedule that, at a minimum, must be
 7625  adhered to in order to achieve the estimated savings. All
 7626  elements of cost must be clearly identified in the cost-benefit
 7627  analysis, described in the business case, and supported by
 7628  applicable records and reports. The state agency head shall
 7629  attest that, based on the data and information underlying the
 7630  business case, to the best of his or her knowledge, all
 7631  projected costs, savings, and benefits are valid and achievable.
 7632  As used in this section, the term “cost” means the reasonable,
 7633  relevant, and verifiable cost, which may include, but is not
 7634  limited to, elements such as personnel, materials and supplies,
 7635  services, equipment, capital depreciation, rent, maintenance and
 7636  repairs, utilities, insurance, personnel travel, overhead, and
 7637  interim and final payments. The appropriate elements shall
 7638  depend on the nature of the specific initiative. As used in this
 7639  section, the term “savings” means the difference between the
 7640  direct and indirect actual annual baseline costs compared to the
 7641  projected annual cost for the contracted functions or
 7642  responsibilities in any succeeding state fiscal year during the
 7643  term of the contract.
 7644         (i) A description of differences among current state agency
 7645  policies and processes and, as appropriate, a discussion of
 7646  options for or a plan to standardize, consolidate, or revise
 7647  current policies and processes, if any, to reduce the
 7648  customization of any proposed solution that would otherwise be
 7649  required.
 7650         (j) A description of the specific performance standards
 7651  that must, at a minimum, be met to ensure adequate performance.
 7652         (k) The projected timeframe for key events from the
 7653  beginning of the procurement process through the expiration of a
 7654  contract.
 7655         (l) A plan to ensure compliance with the public records
 7656  law.
 7657         (m) A specific and feasible contingency plan addressing
 7658  contractor nonperformance and a description of the tasks
 7659  involved in and costs required for its implementation.
 7660         (n) A state agency’s transition plan for addressing changes
 7661  in the number of agency personnel, affected business processes,
 7662  employee transition issues, and communication with affected
 7663  stakeholders, such as agency clients and the public. The
 7664  transition plan must contain a reemployment and retraining
 7665  assistance plan for employees who are not retained by the state
 7666  agency or employed by the contractor.
 7667         (o) A plan for ensuring access by persons with disabilities
 7668  in compliance with applicable state and federal law.
 7669         (p) A description of legislative and budgetary actions
 7670  necessary to accomplish the proposed outsourcing.
 7671         Section 245. Section 287.076, Florida Statutes, is amended
 7672  to read:
 7673         287.076 Project Management Professionals Training for
 7674  personnel involved in managing outsourcings; funding.—The
 7675  department of Management Services may implement a program to
 7676  train state agency employees who are involved in managing
 7677  outsourcings as Project Management Professionals, as certified
 7678  by the Project Management Institute. For the 2006-2007 fiscal
 7679  year, the sum of $500,000 in recurring funds from the General
 7680  Revenue Fund is appropriated to the department of Management
 7681  Services to implement this program. The department of Management
 7682  Services, in consultation with entities subject to this act,
 7683  shall identify personnel to participate in this training based
 7684  on requested need and ensure that each agency is represented.
 7685  The department of Management Services may remit payment for this
 7686  training on behalf of all participating personnel.
 7687         Section 246. Subsection (1) of section 287.083, Florida
 7688  Statutes, is amended to read:
 7689         287.083 Purchase of commodities.—
 7690         (1) It shall be the policy of the state for The Department
 7691  of Financial Management Services shall to consider the life
 7692  cycle cost of commodities purchased by the state, if when
 7693  applicable and feasible as determined by the department.
 7694         Section 247. Section 287.0834, Florida Statutes, is amended
 7695  to read:
 7696         287.0834 Motor vehicles; energy-saving equipment and
 7697  additives.—Each motor vehicle purchased by the state and each
 7698  motor vehicle leased by the state for a period in excess of 1
 7699  year must shall use devices, equipment, and additives that have
 7700  been certified as energy-saving and approved for use by the
 7701  United States Environmental Protection Agency and that have been
 7702  determined by the department to be cost-effective by the
 7703  Department of Management Services.
 7704         Section 248. Subsection (1), paragraphs (d), (g), and (j)
 7705  of subsection (2), paragraph (e) of subsection (3), paragraph
 7706  (a) of subsection (5), and subsection (12) of section 287.0943,
 7707  Florida Statutes, are amended to read:
 7708         287.0943 Certification of minority business enterprises.—
 7709         (1) A business certified by any local governmental
 7710  jurisdiction or organization shall be accepted by the Department
 7711  of Management Services, office of Supplier Diversity, as a
 7712  certified minority business enterprise for purposes of doing
 7713  business with state government if when the office of Supplier
 7714  Diversity determines that the state’s minority business
 7715  enterprise certification criteria are applied in the local
 7716  certification process.
 7717         (2)
 7718         (d) A final list of the criteria and procedures proposed by
 7719  the task force shall be considered by the Chief Financial
 7720  Officer secretary. The task force may seek technical assistance
 7721  from qualified providers of technical, business, and managerial
 7722  expertise to ensure the reliability of the certification
 7723  criteria developed.
 7724         (g) The certification criteria approved by the task force
 7725  and adopted by the department must of Management Services shall
 7726  be included in a statewide and interlocal agreement as defined
 7727  in s. 287.09431 and, in accordance with s. 163.01, shall be
 7728  executed according to the terms included therein.
 7729         (j) The statewide and interlocal agreement shall be guided
 7730  by the terms and conditions found therein and may be amended at
 7731  any meeting of the task force and subsequently adopted by the
 7732  Chief Financial Officer secretary of the Department of
 7733  Management Services. The amended agreement must be enacted,
 7734  initialed, and legally executed by at least two-thirds of the
 7735  certifying entities party to the existing agreement and adopted
 7736  by the state as originally executed in order to bind the
 7737  certifying entity.
 7738         (3)
 7739         (e) Any participating program receiving three or more
 7740  challenges to its certification decisions pursuant to subsection
 7741  (4) from other organizations that are executors to the statewide
 7742  and interlocal agreement, is shall be subject to a review by the
 7743  office, as provided in paragraphs (a) and (b), of the
 7744  organization’s capacity to perform under such agreement and in
 7745  accordance with the core criteria established by the task force.
 7746  The office shall submit a report to the Chief Financial Officer
 7747  secretary of the Department of Management Services regarding the
 7748  results of the review.
 7749         (5)(a) The Chief Financial Officer secretary of the
 7750  Department of Management Services shall execute the statewide
 7751  and interlocal agreement established under s. 287.09431 on
 7752  behalf of the state. The office shall certify minority business
 7753  enterprises in accordance with the laws of this state and, by
 7754  affidavit, shall recertify such minority business enterprises
 7755  not less than once each year.
 7756         (12) Any executor of the statewide and interlocal agreement
 7757  may revoke the certification or recertification of a firm doing
 7758  business as a certified minority business enterprise if the
 7759  minority business enterprise does not meet the requirements of
 7760  the jurisdiction or certifying entity that certified or
 7761  recertified the firm as a certified minority business
 7762  enterprise, or the requirements of subsection (2), s. 288.703,
 7763  and any rule of the office or the department of Management
 7764  Services or if the business acquired certification or
 7765  recertification by means of falsely representing any entity as a
 7766  minority business enterprise for purposes of qualifying for
 7767  certification or recertification.
 7768         Section 249. Subsections (2) and (3) and paragraph (h) of
 7769  subsection (4) of section 287.09451, Florida Statutes, are
 7770  amended to read:
 7771         287.09451 Office of Supplier Diversity; powers, duties, and
 7772  functions.—
 7773         (2) The Office of Supplier Diversity is established within
 7774  the department of Management Services to assist minority
 7775  business enterprises in becoming suppliers of commodities,
 7776  services, and construction to state government.
 7777         (3) The Chief Financial Officer secretary shall appoint an
 7778  executive director for the office of Supplier Diversity, who
 7779  shall serve at the pleasure of the Chief Financial Officer
 7780  secretary.
 7781         (4) The Office of Supplier Diversity shall have the
 7782  following powers, duties, and functions:
 7783         (h) To develop procedures to investigate complaints against
 7784  minority business enterprises or contractors alleged to violate
 7785  any provision related to this section or s. 287.0943, that may
 7786  include visits to worksites or business premises, and to refer
 7787  all information on businesses suspected of misrepresenting
 7788  minority status to the department of Management Services for
 7789  investigation. When an investigation is completed and there is
 7790  reason to believe that a violation has occurred, the department
 7791  of Labor and Employment Security shall refer the matter to the
 7792  office of the Attorney General, Department of Legal Affairs, for
 7793  prosecution.
 7794         Section 250. Section 287.131, Florida Statutes, is amended
 7795  to read:
 7796         287.131 Assistance of Department of Financial Services.—The
 7797  department of Financial Services shall provide the Department of
 7798  Management Services with technical assistance in all matters
 7799  pertaining to the purchase of insurance for all agencies, and
 7800  shall make surveys of the insurance needs of the state and all
 7801  departments thereof, including the benefits, if any, of self
 7802  insurance.
 7803         Section 251. Paragraphs (d), (e), (f), and (g) of
 7804  subsection (1) of section 287.133, Florida Statutes, are amended
 7805  to read:
 7806         287.133 Public entity crime; denial or revocation of the
 7807  right to transact business with public entities.—
 7808         (1) As used in this section:
 7809         (d)“Department” means the Department of Management
 7810  Services.
 7811         (d)(e) “Person” means any natural person or any entity
 7812  organized under the laws of any state or of the United States
 7813  with the legal power to enter into a binding contract and which
 7814  bids or applies to bid on contracts let by a public entity, or
 7815  which otherwise transacts or applies to transact business with a
 7816  public entity. The term “person” includes those officers,
 7817  directors, executives, partners, shareholders, employees,
 7818  members, and agents who are active in management of an entity.
 7819         (e)(f) “Public entity” means the State of Florida, any of
 7820  its departments or agencies, or any political subdivision.
 7821         (f)(g) “Public entity crime” means a violation of any state
 7822  or federal law by a person with respect to and directly related
 7823  to the transaction of business with any public entity or with an
 7824  agency or political subdivision of any other state or with the
 7825  United States, including, but not limited to, any bid, proposal,
 7826  reply, or contract for goods or services, any lease for real
 7827  property, or any contract for the construction or repair of a
 7828  public building or public work, involving antitrust, fraud,
 7829  theft, bribery, collusion, racketeering, conspiracy, or material
 7830  misrepresentation.
 7831         Section 252. Paragraphs (d), (e), (f), and (g) of
 7832  subsection (1) of section 287.134, Florida Statutes, are amended
 7833  to read:
 7834         287.134 Discrimination; denial or revocation of the right
 7835  to transact business with public entities.—
 7836         (1) As used in this section:
 7837         (d)“Department” means the Department of Management
 7838  Services.
 7839         (d)(e) “Entity” means any natural person or any entity
 7840  organized under the laws of any state or of the United States
 7841  with the legal power to enter into a binding contract and which
 7842  bids or applies to bid on contracts let by a public entity, or
 7843  which otherwise transacts or applies to transact business with a
 7844  public entity.
 7845         (e)(f) “Public entity” means this state and any department
 7846  or agency of this state.
 7847         (f)(g) “Senior management” includes chief executive
 7848  officers; assistant chief executive officers, including, but not
 7849  limited to, assistant presidents, vice presidents, or assistant
 7850  treasurers; chief financial officers; chief personnel officers;
 7851  or any employee of an entity performing similar functions.
 7852         Section 253. Section 287.15, Florida Statutes, is amended
 7853  to read:
 7854         287.15 Purchase or lease of motor vehicles, watercraft, or
 7855  aircraft; prior approval of the Department of Management
 7856  Services.—No state agency shall purchase, lease, or acquire any
 7857  motor vehicle, watercraft, or aircraft of any type unless prior
 7858  approval is first obtained from the Department of Financial
 7859  Management Services. However, this section does not nothing
 7860  herein shall prohibit the lease for casual use of motor
 7861  vehicles, or remove the requirement that all purchases be in
 7862  compliance with the rules and regulations of the Department of
 7863  Financial Management Services.
 7864         Section 254. Subsection (2) of section 287.151, Florida
 7865  Statutes, is amended to read:
 7866         287.151 Limitation on classes of motor vehicles procured.—
 7867         (2) No Funds in the General Appropriations Act may not
 7868  shall be used to purchase any vehicle at prices in excess of the
 7869  standard prices negotiated by the Department of Financial
 7870  Management Services.
 7871         Section 255. Subsections (1) and (3) of section 287.155,
 7872  Florida Statutes, are amended to read:
 7873         287.155 Motor vehicles; purchase by Department of Children
 7874  and Family Services, Agency for Persons with Disabilities,
 7875  Department of Health, Department of Juvenile Justice, and
 7876  Department of Corrections.—
 7877         (1) The Department of Children and Family Services, the
 7878  Agency for Persons with Disabilities, the Department of Health,
 7879  the Department of Juvenile Justice, and the Department of
 7880  Corrections may, subject to the approval of the Department of
 7881  Financial Management Services, purchase automobiles, trucks,
 7882  tractors, and other automotive equipment for the use of
 7883  institutions or developmental disabilities centers under the
 7884  management of the Department of Children and Family Services,
 7885  the Agency for Persons with Disabilities, the Department of
 7886  Health, and the Department of Corrections, and for the use of
 7887  residential facilities managed or contracted by the Department
 7888  of Juvenile Justice.
 7889         (3) The Department of Health may is authorized, subject to
 7890  the approval of the Department of Financial Management Services,
 7891  to purchase automobiles, trucks, and other automotive equipment
 7892  for use by county health departments.
 7893         Section 256. Section 287.16, Florida Statutes, is amended
 7894  to read:
 7895         287.16 Powers and duties of department.—The Department of
 7896  Financial Management Services shall have the following powers,
 7897  duties, and responsibilities:
 7898         (1) To obtain the most effective and efficient use of motor
 7899  vehicles, watercraft, and aircraft for state purposes.
 7900         (2) To establish and operate central facilities for the
 7901  acquisition, disposal, operation, maintenance, repair, storage,
 7902  supervision, control, and regulation of all state-owned or
 7903  state-leased aircraft, watercraft, and motor vehicles and to
 7904  operate any state facilities for those purposes. Acquisition may
 7905  be by purchase, lease, loan, or in any other legal manner. The
 7906  department may contract for the maintenance of motor vehicles.
 7907         (3) In its discretion, to require every state agency to
 7908  transfer its ownership, custody, and control of every aircraft
 7909  and motor vehicle, and associated maintenance facilities and
 7910  equipment, except those used principally for law enforcement,
 7911  state fire marshal, or fire control purposes, to the department
 7912  of Management Services, including all right, title, interest,
 7913  and equity therein.
 7914         (4) Upon requisition and showing of need, to assign
 7915  suitable aircraft or motor vehicles, on a temporary basis of
 7916  (for a period up to and including 1 month,) or a permanent basis
 7917  (for a period from 1 month up to and including 1 full year)
 7918  basis, to any state agency.
 7919         (5) To allocate and charge fees to the state agencies to
 7920  which aircraft or motor vehicles are furnished, based upon any
 7921  reasonable criteria.
 7922         (6) To adopt and enforce rules and regulations for the
 7923  efficient and safe use, operation, maintenance, repair,
 7924  disposal, and replacement of all state-owned or state-leased
 7925  aircraft, watercraft, and motor vehicles and to require the
 7926  placement of appropriate stickers, decals, or other markings
 7927  upon them. The department may delegate to the respective heads
 7928  of the agencies to which aircraft, watercraft, and motor
 7929  vehicles are assigned the duty of enforcing the rules and
 7930  regulations adopted by the department.
 7931         (7) To contract for specialized maintenance services.
 7932         (8) To require any state agency to keep records and make
 7933  reports regarding aircraft and motor vehicles to the department
 7934  as may be required. The Department of Highway Safety and Motor
 7935  Vehicles shall use a reporting system approved by the
 7936  department.
 7937         (9) To establish and operate central facilities to
 7938  determine the mode of transportation to be used by state
 7939  employees traveling on official state business and to schedule
 7940  and coordinate use of state-owned or state-leased aircraft and
 7941  passenger-carrying vehicles to assure maximum utilization of
 7942  state aircraft, motor vehicles, and employee time by assuring
 7943  that employees travel by the most practical and economical mode
 7944  of travel. The department shall consider the number of employees
 7945  making the trip to the same location, the most efficient and
 7946  economical means of travel considering the time of the employee,
 7947  transportation cost and subsistence required, the urgency of the
 7948  trip, and the nature and purpose of the trip.
 7949         (10) To provide the Legislature annual reports at the end
 7950  of each calendar year concerning the use utilization of all
 7951  aircraft in the executive pool.
 7952         (11) To calculate biennially the break-even mileage at
 7953  which it becomes cost-effective for the state to provide
 7954  assigned motor vehicles to employees. The Support Program shall
 7955  provide the information to agency heads and agency inspectors
 7956  general to assist them in meeting the reporting requirements of
 7957  s. 20.055.
 7958         (12) To conduct, in coordination with the Department of
 7959  Transportation, an analysis of fuel additive and biofuel use by
 7960  the Department of Transportation through its central fueling
 7961  facilities. The department shall encourage other state
 7962  government entities to analyze transportation fuel usage,
 7963  including the different types and percentages of fuels consumed,
 7964  and report such information to the department.
 7965         Section 257. Section 287.161, Florida Statutes, is amended
 7966  to read:
 7967         287.161 Executive aircraft pool; assignment of aircraft;
 7968  charge for transportation.—
 7969         (1) There is created within the Department of Management
 7970  Services An executive aircraft pool consisting of state-owned
 7971  aircraft for the purpose of furnishing executive air travel is
 7972  created within the Executive Office of the Governor. Such
 7973  aircraft may shall not be a model in excess of a two-engine jet.
 7974  Aircraft included in the executive aircraft pool may not be
 7975  specifically assigned to any department or agency on any basis.
 7976         (2) The Executive Office of the Governor Department of
 7977  Management Services shall charge all persons receiving
 7978  transportation from the executive aircraft pool a rate not less
 7979  than the mileage allowance fixed by the Legislature for the use
 7980  of privately owned vehicles. Fees collected for persons
 7981  traveling by aircraft in the executive aircraft pool shall be
 7982  deposited into the Bureau of Aircraft Trust Fund and shall be
 7983  expended for costs incurred to operate the aircraft management
 7984  activities of the department. It is the intent of the
 7985  Legislature that the executive aircraft pool be operated on a
 7986  full cost recovery basis, less available funds.
 7987         Section 258. Paragraph (a) of subsection (3) of section
 7988  287.17, Florida Statutes, is amended to read:
 7989         287.17 Limitation on use of motor vehicles and aircraft.—
 7990         (3)(a) The term “official state business” does may not be
 7991  construed to permit the use of a motor vehicle or aircraft for
 7992  commuting purposes, unless special assignment of a motor vehicle
 7993  is authorized as a perquisite by the Department of Personnel
 7994  Management Services, required by an employee after normal duty
 7995  hours to perform duties of the position to which assigned, or
 7996  authorized for an employee whose home is the official base of
 7997  operation.
 7998         Section 259. Section 287.18, Florida Statutes, is amended
 7999  to read:
 8000         287.18 Repair and service of motor vehicles and aircraft.
 8001  The Chief Financial Officer Secretary of Management Services or
 8002  a his or her designee may require a department or any state
 8003  agency having facilities for the repair of aircraft or motor
 8004  vehicles and for the storage and distribution of gasoline and
 8005  other petroleum products to repair aircraft and motor vehicles
 8006  and to furnish gasoline and other petroleum products to any
 8007  other state department or agency and shall compensate for the
 8008  cost of such services and products.
 8009         Section 260. Section 287.19, Florida Statutes, is amended
 8010  to read:
 8011         287.19 Transfer of funds.—All moneys designated for or
 8012  appropriated to any agency for the use, operation, maintenance,
 8013  repair, or replacement of any state-owned or leased motor
 8014  vehicles or aircraft shall be transferred to the Department of
 8015  Financial Management Services as required by the department.
 8016         Section 261. Subsection (1) of section 288.021, Florida
 8017  Statutes, is amended to read:
 8018         288.021 Economic development liaison.—
 8019         (1) The heads of the Department of Transportation, the
 8020  Department of Environmental Protection and an additional member
 8021  appointed by the secretary of the department, the Department of
 8022  Labor and Employment Security, the Department of Education, the
 8023  Department of Community Affairs, the Department of Management
 8024  Services, the Department of Revenue, the Fish and Wildlife
 8025  Conservation Commission, each water management district, and
 8026  each Department of Transportation District office shall
 8027  designate a high-level staff member from within such agency to
 8028  serve as the economic development liaison for the agency. This
 8029  person shall report to the agency head and have general
 8030  knowledge both of the state’s permitting and other regulatory
 8031  functions and of the state’s economic goals, policies, and
 8032  programs. This person shall also be the primary point of contact
 8033  for the agency with the Office of Tourism, Trade, and Economic
 8034  Development on issues and projects important to the economic
 8035  development of this state Florida, including its rural areas, to
 8036  expedite project review, to ensure a prompt, effective response
 8037  to problems arising with regard to permitting and regulatory
 8038  functions, and to work closely with the other economic
 8039  development liaisons to resolve interagency conflicts.
 8040         Section 262. Subsections (1) and (2), paragraphs (c)
 8041  through (j) of subsection (4), and subsection (6) of section
 8042  288.109, Florida Statutes, are amended to read:
 8043         288.109 One-Stop Permitting System.—
 8044         (1) The Department of Community Affairs shall By January 1,
 8045  2001, the State Technology Office must establish and administer
 8046  implement an Internet site for the One-Stop Permitting System.
 8047  The One-Stop Permitting System Internet site shall provide
 8048  individuals and businesses with information concerning
 8049  development permits; guidance on what development permits are
 8050  needed for particular projects; permit requirements; and who may
 8051  be contacted for more information concerning a particular
 8052  development permit for a specific location. The department
 8053  office shall design and construct the Internet site and may
 8054  competitively procure and contract for services to develop the
 8055  site. In designing and constructing the Internet site, the
 8056  department shall office must solicit input from potential users
 8057  of the site.
 8058         (2) The Department of Community Affairs office shall
 8059  develop the One-Stop Permitting System Internet site to allow an
 8060  applicant to complete and submit application forms for
 8061  development permits to agencies and counties. The Internet site
 8062  must be capable of allowing an applicant to submit payment for
 8063  permit fees and must provide payment options. After initially
 8064  establishing the Internet site, the department office shall
 8065  implement, in the most timely manner possible, the capabilities
 8066  described in this subsection. The department office shall also
 8067  develop a protocol for adding to the One-Stop Permitting System
 8068  additional state agencies and counties that agree to participate
 8069  to the One-Stop Permitting System. The department office may
 8070  competitively procure and contract for services to develop such
 8071  capabilities.
 8072         (4) The One-Stop Permitting System must initially provide
 8073  access to the following state agencies, water management
 8074  districts and counties, with other agencies and counties that
 8075  agree to participate:
 8076         (c)The Department of Management Services.
 8077         (c)(d) The Department of Transportation, including district
 8078  offices.
 8079         (d)(e) The Northwest Florida Water Management District.
 8080         (e)(f) The St. Johns River Water Management District.
 8081         (f)(g) The Southwest Florida Water Management District.
 8082         (g)(h) The Suwannee River Water Management District.
 8083         (h)(i) The South Florida Water Management District.
 8084         (i)(j) Selected counties that agree to participate.
 8085         (6) The Department of Community Affairs office may add
 8086  counties and municipalities to the One-Stop Permitting System as
 8087  such local governments agree to participate and develop the
 8088  technical capability of joining the system.
 8089         Section 263. Section 288.1092, Florida Statutes, is amended
 8090  to read:
 8091         288.1092 One-Stop Permitting System Grant Program.—There is
 8092  created within the State Technology Office The One-Stop
 8093  Permitting System Grant Program is created within the Department
 8094  of Community Affairs. The purpose of the grant program is to
 8095  encourage counties to coordinate and integrate the development
 8096  of the county’s permitting process with the One-Stop Permitting
 8097  System. The department office shall review grant applications
 8098  and, subject to available funds, if a county is certified as a
 8099  Quick Permitting County under s. 288.1093, shall award a grant
 8100  of up to $50,000 to provide for such integration. The department
 8101  office must review a grant application for consistency with the
 8102  purpose of the One-Stop Permitting System to provide access to
 8103  development permit information and application forms. Grants
 8104  shall be issued on a first-come, first-served basis to qualified
 8105  Quick Permitting Counties. The grant moneys may be used to
 8106  purchase software, hardware, or consulting services necessary
 8107  for the county to create an interface with the One-Stop
 8108  Permitting System. Grant moneys may not be used to pay
 8109  administrative costs. The grant application must specify what
 8110  items or services the county intends to purchase using the grant
 8111  moneys, the amount of each of the items or services to be
 8112  purchased, and how the items or services are necessary for the
 8113  county to create an interface with the One-Stop Permitting
 8114  System.
 8115         Section 264. Subsections (1) and (3) of section 288.1093,
 8116  Florida Statutes, are amended to read:
 8117         288.1093 Quick Permitting County Designation Program.—
 8118         (1) There is established within the State Technology Office
 8119  The Quick Permitting County Designation Program is established
 8120  within the Department of Community Affairs. To be designated as
 8121  a Quick Permitting County, the chair of the board of county
 8122  commissioners of the applying county must certify to the
 8123  department office that the county meets the criteria specified
 8124  in subsection (3).
 8125         (3) In order to qualify for a Quick Permitting County
 8126  designation, a county must certify to the Department of
 8127  Community Affairs office that the county has implemented the
 8128  following best management practices:
 8129         (a) The establishment of a single point of contact for a
 8130  business seeking assistance in obtaining a permit;
 8131         (b) The selection of high-priority projects for accelerated
 8132  permit review;
 8133         (c) The use of documented preapplication meetings following
 8134  standard procedures;
 8135         (d) The maintenance of an inventory of sites suitable for
 8136  high-priority projects;
 8137         (e) The development of a list of consultants who conduct
 8138  business in the county;
 8139         (f) The evaluation and elimination of duplicative approval
 8140  and permitting requirements within the county;
 8141         (g) The commitment to participate, through the entry of an
 8142  interlocal agreement for individual projects, in the expedited
 8143  permit process set forth in s. 403.973;
 8144         (h) The development of a timetable for processing
 8145  development permits and approvals; and
 8146         (i) The use of interagency coordination to facilitate
 8147  permit processing.
 8148         Section 265. Paragraph (a) of subsection (3) of section
 8149  288.1185, Florida Statutes, is amended to read:
 8150         288.1185 Recycling Markets Advisory Committee.—
 8151         (3)(a) The heads of the Department of Transportation, the
 8152  Department of Environmental Protection, the Department of
 8153  Management Services, the Department of Agriculture and Consumer
 8154  Services, the Florida Energy Office, the Chief Financial
 8155  Officer, and the Governor shall each designate a staff member
 8156  from within the agency to serve as the recycling market
 8157  development liaison for the agency. This person must shall have
 8158  knowledge of recycling and the issues and problems related to
 8159  recycling and recycled materials market development. This person
 8160  shall be the primary point of contact for the agency on issues
 8161  related to recycled materials market development. These liaisons
 8162  shall be available for committee meetings and shall work closely
 8163  with the committee and other recycling market development
 8164  liaisons to further the goals of the committee, as appropriate.
 8165         Section 266. Paragraph (d) of subsection (5) and subsection
 8166  (8) of section 288.15, Florida Statutes, are amended to read:
 8167         288.15 Powers of Division of Bond Finance.—There is hereby
 8168  granted to and vested in the Division of Bond Finance of the
 8169  State Board of Administration the power, right, franchise, and
 8170  authority:
 8171         (5) In order to carry out the objectives and purposes of
 8172  this chapter, the division is authorized to acquire, own,
 8173  construct, operate, maintain, improve, and extend public
 8174  buildings, facilities, or works within the state which are of
 8175  the character hereinafter specifically mentioned. All public
 8176  buildings, facilities, and works which the division is
 8177  authorized to own, construct, operate, and maintain must be such
 8178  as can ultimately be owned and operated by an agency,
 8179  department, board, bureau, or commission of the state. All or
 8180  any such buildings, facilities, or works may be of a revenue
 8181  producing character in order that the cost of the same or some
 8182  part of improvements or extensions thereto may be paid from
 8183  receipts therefrom, including in Tallahassee only rentals,
 8184  leases, and sales to both public and nonpublic agencies through
 8185  the issue and sales or disposition of revenue bonds, notes, or
 8186  certificates of the division. The buildings, facilities, and
 8187  works which the division is hereby authorized to acquire,
 8188  construct, operate, maintain, improve, and extend are:
 8189         (d) Public buildings, facilities, and additions or
 8190  improvements to existing buildings and facilities for ultimate
 8191  use in connection with any of the several state institutions,
 8192  departments, bureaus, boards, or commissions. For this use; and,
 8193  In furtherance of this paragraph, the Department of
 8194  Environmental Protection Management Services, the Board of
 8195  Governors of the State University System, and the State Board of
 8196  Education shall are authorized to cooperate with the Division of
 8197  Bond Finance and to do and perform all acts and things necessary
 8198  thereto. Any property acquired by the division of Bond Finance
 8199  under the provisions of this chapter may ultimately be conveyed
 8200  to the state free and clear of all debt or other encumbrance.
 8201         (8) The division shall is hereby authorized and directed to
 8202  proceed with the acquisition of land and buildings thereon now
 8203  needed or to be needed for use in whole or in part by any
 8204  agency, board, bureau, or commission of the state, such
 8205  acquisition to be within the area defined by the Department of
 8206  Environmental Protection Management Services for the long-range
 8207  development of the proposed Capitol Center. The division shall
 8208  also:; and
 8209         (a) To Construct, acquire, own, and operate buildings and
 8210  facilities thereon, such buildings and facilities to be financed
 8211  by the revenue they yield, through the issuance of revenue
 8212  certificates; and
 8213         (b) To Have specific authority in financing the
 8214  acquisition, construction, and operation of such buildings and
 8215  facilities, to utilize rentals to both public and nonpublic
 8216  agencies as well as any regularly appropriated state or other
 8217  public funds; however, no revenue from lands, buildings, or
 8218  facilities now owned by the state may not be pledged to finance
 8219  the acquisition of land, buildings, or facilities pursuant to
 8220  this section the provisions of this law, except for revenue from
 8221  land, buildings, or facilities purchased or acquired pursuant to
 8222  this section the provisions of this law.
 8223         Section 267. Section 288.17, Florida Statutes, is amended
 8224  to read:
 8225         288.17 Revenue certificates.—The Division of Bond Finance
 8226  of the State Board of Administration may is authorized to issue
 8227  interest-bearing revenue certificates for construction of all
 8228  state buildings approved by the Legislature in its appropriation
 8229  acts and requested by the Department of Environmental Protection
 8230  Management Services or by the Board of Governors of the State
 8231  University System.
 8232         Section 268. Subsections (1) and (3) of section 288.18,
 8233  Florida Statutes, are amended to read:
 8234         288.18 Planning, promoting, and supervising state building
 8235  projects.—
 8236         (1) The Department of Environmental Protection is
 8237  Management Services shall be responsible for promoting any state
 8238  building project financed as provided by law in any community
 8239  where a state building is needed.
 8240         (3) Any state agency required to occupy space by the
 8241  Department of Environmental Protection Management Services may
 8242  contract for such space and pledge such rentals as are provided
 8243  and appropriated by the Legislature for the purpose of financing
 8244  the retirement of revenue certificates for the lifetime of any
 8245  issue.
 8246         Section 269. Paragraph (d) of subsection (3) and
 8247  subsections (5) and (8) of section 288.703, Florida Statutes,
 8248  are amended to read:
 8249         288.703 Definitions.—As used in this act, the following
 8250  words and terms shall have the following meanings unless the
 8251  content shall indicate another meaning or intent:
 8252         (3) “Minority person” means a lawful, permanent resident of
 8253  Florida who is:
 8254         (d) A Native American, a person who has origins in any of
 8255  the Indian Tribes of North America prior to 1835, upon
 8256  presentation of proper documentation thereof as established by
 8257  rule of the Department of Financial Management Services.
 8258         (5) “Department” means the Department of Financial
 8259  Management Services.
 8260         (8)“Secretary” means the secretary of the Department of
 8261  Management Services.
 8262         Section 270. Subsections (2), (10), (11), and (12) of
 8263  section 288.706, Florida Statutes, are amended to read:
 8264         288.706 Florida Minority Business Loan Mobilization
 8265  Program.—
 8266         (2) The Florida Minority Business Loan Mobilization Program
 8267  is created to promote the development of minority business
 8268  enterprises, as defined in s. 288.703(2), increase the ability
 8269  of minority business enterprises to compete for state contracts,
 8270  and sustain the economic growth of minority business enterprises
 8271  in this state. The goal of the program is to assist minority
 8272  business enterprises by facilitating working capital loans to
 8273  minority business enterprises that are vendors on state agency
 8274  contracts. The department of Management Services shall
 8275  administer the program.
 8276         (10) The department of Management Services may adopt rules
 8277  to administer implement the provisions of this section.
 8278         (11) The department of Management Services shall maintain a
 8279  listing of financial institutions willing to participate in the
 8280  Florida Minority Business Loan Mobilization Program. This list
 8281  may of financial institutions shall not be exclusive. A minority
 8282  business enterprise vendor who has a working relationship with a
 8283  financial institution is encouraged to request that the
 8284  financial institution apply to participate as a financial
 8285  institution for the program.
 8286         (12) The department of Management Services shall
 8287  collaborate with the Florida Black Business Investment Board,
 8288  Inc., and the Office of Tourism, Trade, and Economic Development
 8289  to assist in the development and enhancement of black business
 8290  enterprises.
 8291         Section 271. Subsection (2) of section 288.708, Florida
 8292  Statutes, is amended to read:
 8293         288.708 President; employees.—
 8294         (2) An employee of the board may not receive compensation
 8295  for employment that exceeds the salary paid to the Governor,
 8296  unless the board and the employee have executed a contract that
 8297  prescribes specific and measurable performance outcomes for the
 8298  employee, the satisfaction of which provides the basis for the
 8299  award of incentive payments that increase the employee’s total
 8300  compensation to a level above the salary paid to the Governor.
 8301  The Executive Office of the Governor Department of Management
 8302  Services shall establish a lease-agreement program under which
 8303  an employee of the board, as of June 30, 2002, retains his or
 8304  her status as a state employee until the employee voluntarily or
 8305  involuntarily terminates his or her status with the board.
 8306  Status as a state employee includes shall include the right to
 8307  participate in the Florida Retirement System.
 8308         Section 272. Subsection (6) of section 288.7091, Florida
 8309  Statutes, is amended to read:
 8310         288.7091 Duties of the Florida Black Business Investment
 8311  Board, Inc.—The board shall:
 8312         (6) Collaborate with the Department of Transportation, the
 8313  Department of Financial Management Services, including the
 8314  Florida Minority Business Loan Mobilization Program, Workforce
 8315  Florida, Inc., and other state agencies and partners, the State
 8316  University System, including the Florida Agricultural and
 8317  Mechanical University’s Institute of Urban Policy and Commerce,
 8318  school boards, and local governments to create an a network of
 8319  information network and to identify available resources to
 8320  enhance the development and expansion of black business
 8321  enterprises.
 8322         Section 273. Paragraph (b) of subsection (5) of section
 8323  288.712, Florida Statutes, is amended to read:
 8324         288.712 Guarantor funds.—
 8325         (5) The board shall do all of the following to implement
 8326  the black contractors bonding program:
 8327         (b) Provide assistance to the Office of Supplier Diversity
 8328  within the Department of Financial Management Services, as
 8329  needed, to certify new black business enterprises and to train
 8330  appropriate department staff.
 8331         Section 274. Subsection (2) of section 288.901, Florida
 8332  Statutes, is amended to read:
 8333         288.901 Enterprise Florida, Inc.; creation; membership;
 8334  organization; meetings; disclosure.—
 8335         (2) Enterprise Florida, Inc., shall establish one or more
 8336  corporate offices, at least one of which shall be located in
 8337  Leon County. The Executive Office of the Governor Department of
 8338  Management Services may establish a lease agreement program
 8339  under which Enterprise Florida, Inc., may hire any individual
 8340  who, as of June 30, 1996, is employed by the Department of
 8341  Commerce or who, as of January 1, 1997, is employed by the
 8342  Executive Office of the Governor and has responsibilities
 8343  specifically in support of the Workforce Development Board
 8344  established under s. 445.004 288.9620. Under such agreement, the
 8345  employee shall retain his or her status as a state employee but
 8346  shall work under the direct supervision of Enterprise Florida,
 8347  Inc. Retention of state employee status includes shall include
 8348  the right to participate in the Florida Retirement System. The
 8349  office Department of Management Services shall establish the
 8350  terms and conditions of such lease agreements.
 8351         Section 275. Paragraph (a) of subsection (3), paragraphs
 8352  (d) and (e) of subsection (5), paragraph (a) of subsection (6),
 8353  and subsections (7) and (9) of section 295.187, Florida
 8354  Statutes, are amended to read:
 8355         295.187 Florida Service-Disabled Veteran Business
 8356  Enterprise Opportunity Act.—
 8357         (3) DEFINITIONS.—For the purpose of this section, the term:
 8358         (a) “Certified service-disabled veteran business
 8359  enterprise” means a business that has been certified by the
 8360  Department of Financial Management Services to be a service
 8361  disabled veteran business enterprise as defined in paragraph
 8362  (c).
 8363         (5) CERTIFICATION PROCEDURE.—
 8364         (d) A certified service-disabled veteran business
 8365  enterprise must notify the Department of Financial Management
 8366  Services within 30 business days after any event that may
 8367  significantly affect the certification of the business,
 8368  including, but not limited to, a change in ownership or change
 8369  in management and daily business operations.
 8370         (e) The certification of a service-disabled veteran
 8371  business enterprise shall be revoked for 12 months if the
 8372  Department of Financial Management Services determines that the
 8373  business enterprise violated paragraph (d). An owner of a
 8374  certified service-disabled veteran business enterprise whose
 8375  certification is revoked may is not permitted to reapply for
 8376  certification under this section as an owner of any business
 8377  enterprise during the 12-month revocation period.
 8378         1. During the 12-month revocation period, a service
 8379  disabled veteran business enterprise whose certification has
 8380  been revoked may bid on state contracts but is not eligible for
 8381  any preference available under this section.
 8382         2. A service-disabled veteran business enterprise whose
 8383  certification has been revoked may apply for certification at
 8384  the conclusion of the 12-month revocation period by complying
 8385  with requirements applicable to initial certifications.
 8386         (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
 8387  department shall:
 8388         (a) Assist the Department of Financial Management Services
 8389  in establishing a certification procedure, which shall be
 8390  reviewed biennially and updated as necessary.
 8391         (7) DUTIES OF THE DEPARTMENT OF FINANCIAL MANAGEMENT
 8392  SERVICES.—The department shall:
 8393         (a) With assistance from the Department of Veterans’
 8394  Affairs, establish a certification procedure, which shall be
 8395  reviewed biennially and updated as necessary.
 8396         (b) Grant, deny, or revoke the certification of a service
 8397  disabled veteran business enterprise under this section.
 8398         (c) Maintain an electronic directory of certified service
 8399  disabled veteran business enterprises for use by the state,
 8400  political subdivisions of the state, and the public.
 8401         (9) RULES.—The Department of Veterans’ Affairs and the
 8402  Department of Financial Management Services, as appropriate, may
 8403  adopt rules as necessary to administer this section.
 8404         Section 276. Subsection (17) of section 318.18, Florida
 8405  Statutes, is amended to read:
 8406         318.18 Amount of penalties.—The penalties required for a
 8407  noncriminal disposition pursuant to s. 318.14 or a criminal
 8408  offense listed in s. 318.17 are as follows:
 8409         (17) In addition to any penalties imposed, a surcharge of
 8410  $3 must be paid for all criminal offenses listed in s. 318.17
 8411  and for all noncriminal moving traffic violations under chapter
 8412  316. Revenue from the surcharge shall be remitted to the
 8413  Department of Revenue and deposited quarterly into the State
 8414  Agency Law Enforcement Radio System Trust Fund of the Department
 8415  of Law Enforcement Management Services for the state agency law
 8416  enforcement radio system, as described in s. 282.709, and to
 8417  provide technical assistance to state agencies and local law
 8418  enforcement agencies with their statewide systems of regional
 8419  law enforcement communications, as described in s. 282.710. This
 8420  subsection expires July 1, 2012. The Department of Law
 8421  Enforcement Management Services may retain funds sufficient to
 8422  recover the costs and expenses incurred for managing,
 8423  administering, and overseeing the Statewide Law Enforcement
 8424  Radio System, and providing technical assistance to state
 8425  agencies and local law enforcement agencies with their statewide
 8426  systems of regional law enforcement communications. The
 8427  Department of Law Enforcement Management Services working in
 8428  conjunction with the Joint Task Force on State Agency Law
 8429  Enforcement Communications shall determine and direct the
 8430  purposes for which these funds are used to enhance and improve
 8431  the radio system.
 8432         Section 277. Subsection (9) of section 318.21, Florida
 8433  Statutes, is amended to read:
 8434         318.21 Disposition of civil penalties by county courts.—All
 8435  civil penalties received by a county court pursuant to the
 8436  provisions of this chapter shall be distributed and paid monthly
 8437  as follows:
 8438         (9) Twelve dollars and fifty cents from each moving traffic
 8439  violation must be used by the county to fund that county’s
 8440  participation in an intergovernmental radio communication
 8441  program approved by the Department of Law Enforcement Management
 8442  Services. If the county is not participating in such a program,
 8443  funds collected must be used to fund local law enforcement
 8444  automation and must be distributed to the municipality or
 8445  special improvement district in which the violation occurred or
 8446  to the county if the violation occurred within the
 8447  unincorporated area of the county.
 8448         Section 278. Section 320.0802, Florida Statutes, is amended
 8449  to read:
 8450         320.0802 Surcharge on license tax.—A $1 surcharge There is
 8451  hereby levied and imposed on each license tax imposed under s.
 8452  320.08, except those set forth in s. 320.08(11), a surcharge in
 8453  the amount of $1, which shall be collected in the same manner as
 8454  the license tax and deposited into the State Agency Law
 8455  Enforcement Radio System Trust Fund of the Department of Law
 8456  Enforcement Management Services.
 8457         Section 279. Subsection (7) of section 320.08056, Florida
 8458  Statutes, is amended to read:
 8459         320.08056 Specialty license plates.—
 8460         (7) The department shall annually retain from the first
 8461  proceeds derived from the annual use fees collected an amount
 8462  sufficient to defray each specialty plate’s pro rata share of
 8463  the department’s costs directly related to the specialty license
 8464  plate program. Such costs must shall include inventory costs,
 8465  distribution costs, direct costs to the department, costs
 8466  associated with reviewing each organization’s compliance with
 8467  audit and attestation requirements of s. 320.08062, and any
 8468  applicable increased costs of manufacturing the specialty
 8469  license plate. Any cost increase to the department related to
 8470  actual cost of the plate, including a reasonable vendor profit,
 8471  shall be verified by the Department of Financial Management
 8472  Services. The balance of the proceeds from the annual use fees
 8473  collected for that specialty license plate shall be distributed
 8474  as provided by law.
 8475         Section 280. Subsection (1) of section 321.04, Florida
 8476  Statutes, is amended to read:
 8477         321.04 Personnel of the highway patrol; rank
 8478  classifications; probationary status of new patrol officers;
 8479  subsistence; special assignments.—
 8480         (1) The Department of Highway Safety and Motor Vehicles
 8481  shall employ patrol officers, as authorized by the Legislature
 8482  in appropriating funds for their salaries exclusive of those
 8483  members of the patrol who are assigned to and paid by special
 8484  departments; and shall establish the necessary supervisory ranks
 8485  within the Florida Highway Patrol to efficiently supervise and
 8486  carry out the designated functions of the patrol and the
 8487  department in accordance with rules the regulations established
 8488  by the Department of Personnel Management Services.
 8489         Section 281. Subsection (9) of section 328.72, Florida
 8490  Statutes, is amended to read:
 8491         328.72 Classification; registration; fees and charges;
 8492  surcharge; disposition of fees; fines; marine turtle stickers.—
 8493         (9) SURCHARGE.—In addition, there is hereby levied and
 8494  imposed on each vessel registration fee imposed under subsection
 8495  (1) a surcharge in the amount of $1 for each 12-month period of
 8496  registration, which shall be collected in the same manner as the
 8497  fee and deposited into the State Agency Law Enforcement Radio
 8498  System Trust Fund of the Department of Law Enforcement
 8499  Management Services.
 8500         Section 282. Subsections (1) and (2) of section 337.02,
 8501  Florida Statutes, are amended to read:
 8502         337.02 Purchases by department subject to competitive bids;
 8503  advertisement; emergency purchases; bid specifications.—
 8504         (1) Except as provided herein, purchase by the Department
 8505  of Transportation of commodities, including the advertising and
 8506  awarding of competitive bids, are shall be governed by chapters
 8507  283 and 287 and rules adopted by the Department of Financial
 8508  Management Services pursuant thereto. However, the provisions of
 8509  s. 287.057 notwithstanding, the department may purchase parts
 8510  and repairs valued at up to the threshold amount provided in s.
 8511  287.017 for CATEGORY TWO for the repair of mobile road
 8512  maintenance equipment, marine vessels, permanent vehicle scales,
 8513  and mechanical and electrical equipment for movable bridges,
 8514  toll facilities including the Florida Turnpike, and up to the
 8515  threshold amount provided in s. 287.017 for CATEGORY THREE for
 8516  treatment plants and lift stations for water and sewage, and
 8517  major heating and cooling systems without receiving competitive
 8518  bids.
 8519         (2) If the department determines that an emergency exists
 8520  in regard to the purchase of materials, machinery, tools,
 8521  equipment, or supplies, so that the delay incident to giving
 8522  opportunity for competitive bidding is would be detrimental to
 8523  the interests of the state, the provisions for competitive
 8524  bidding do not apply; and the department may authorize or
 8525  purchase such materials, machinery, tools, equipment, or
 8526  supplies without giving opportunity for competitive bidding
 8527  thereon. The department shall, within 10 days after such
 8528  determination and purchase, file with the Chief Financial
 8529  Officer head of the Department of Management Services a written
 8530  statement of the materials, machinery, tools, equipment, or
 8531  supplies purchased and a certificate as to the conditions and
 8532  circumstances constituting such emergency.
 8533         Section 283. Section 337.023, Florida Statutes, is amended
 8534  to read:
 8535         337.023 Sale of building; acceptance of replacement
 8536  building.—Notwithstanding the provisions of s. 216.292(2)(b)2.,
 8537  if the department sells a building, the department may accept
 8538  the construction of a replacement building, in response to a
 8539  request for proposals, totally or partially in lieu of cash, and
 8540  may do so without a specific legislative appropriation. Such
 8541  action is subject to the approval of the Executive Office of the
 8542  Governor, and is subject to the notice, review, and objection
 8543  procedures under s. 216.177. The replacement building shall be
 8544  consistent with the current and projected needs of the
 8545  department as agreed upon by the department and the Department
 8546  of Environmental Protection Management Services.
 8547         Section 284. Paragraph (d) of subsection (2) of section
 8548  337.165, Florida Statutes, is amended to read:
 8549         337.165 Contract crime; denial or revocation of a
 8550  certificate of qualification.—
 8551         (2)
 8552         (d) A contractor or affiliate whose certificate has been
 8553  denied or revoked may, at any time after denial or revocation,
 8554  petition for and be granted a hearing to determine his or her
 8555  eligibility for reapplication or reinstatement upon such terms
 8556  and conditions as may be prescribed upon finding that
 8557  reapplication or reinstatement is in the public interest. The
 8558  petition shall be filed with the department. Any hearing
 8559  conducted by the department must shall be conducted within 30
 8560  days after receipt of the petition, unless otherwise stipulated
 8561  by the parties. If the contractor or affiliate requests in the
 8562  his or her petition that the hearing be conducted by the
 8563  Division of Administrative Hearings of the Department of
 8564  Management Services, the department shall, within 5 days after
 8565  receipt of the petition, notify the division of the request. The
 8566  director of the Division of Administrative Hearings shall,
 8567  within 5 days after receipt of the notice by the department,
 8568  assign an administrative law judge, who shall conduct the
 8569  hearing within 30 days thereafter, unless otherwise stipulated
 8570  by the parties. The department shall be a party in interest in
 8571  any hearing conducted by the division of Administrative
 8572  Hearings. In determining whether reapplication or reinstatement
 8573  would be in the public interest, the department or division
 8574  administrative law judge shall give consideration to any
 8575  relevant mitigating circumstances, which may include, but are
 8576  not limited to, the following:
 8577         1. The degree of culpability;
 8578         2. Prompt and voluntary payment of damages to the state as
 8579  a result of the contractor’s violation of state or federal
 8580  antitrust laws;
 8581         3. Cooperation with any state or federal prosecution or
 8582  investigation of a contract crime;
 8583         4. Disassociation with those involved in a contract crime;
 8584         5. Reinstatement in other state or federal jurisdictions;
 8585  and
 8586         6. The needs of the department in completing its programs
 8587  in a timely, cost-effective manner.
 8588  
 8589  The department or division administrative law judge shall also
 8590  consider the failure of the contractor or affiliate to comply
 8591  with the notification provisions of subsection (5). Any hearing
 8592  requested under this paragraph must shall be conducted and
 8593  concluded without undue delay. The administrative law judge
 8594  shall, within 30 days after the hearing, complete and submit a
 8595  final order to the department, which order may not be altered or
 8596  amended by the department. If eligibility for reapplication or
 8597  reinstatement is denied, the contractor or affiliate may not
 8598  petition for a subsequent hearing for a period of 9 months
 8599  following the date of the order of denial or revocation.
 8600  However, a hearing before prior to the expiration of such period
 8601  may be authorized by the department if, in its discretion, it
 8602  determines that a hearing is in the public interest.
 8603         Section 285. Subsection (2) of section 338.2216, Florida
 8604  Statutes, is amended to read:
 8605         338.2216 Florida Turnpike Enterprise; powers and
 8606  authority.—
 8607         (2) The department may shall have the authority to employ
 8608  procurement methods available to the Department of Financial
 8609  Management Services and the Department of Environmental
 8610  Protection under chapters 255 and 287 and under any rule adopted
 8611  under such chapters solely for the benefit of the turnpike
 8612  enterprise.
 8613         Section 286. Subsection (4) of section 338.227, Florida
 8614  Statutes, is amended to read:
 8615         338.227 Turnpike revenue bonds.—
 8616         (4) The Department of Transportation and the Department of
 8617  Financial Management Services shall create and implement an
 8618  outreach program designed to enhance the participation of
 8619  minority persons and minority business enterprises in all
 8620  contracts entered into by their respective departments for
 8621  services related to the financing of department projects for the
 8622  Florida Intrastate Highway System Plan. These services must
 8623  shall include, but are not be limited to, bond counsel and bond
 8624  underwriters.
 8625         Section 287. Subsection (3) of section 350.0614, Florida
 8626  Statutes, is amended to read:
 8627         350.0614 Public Counsel; compensation and expenses.—
 8628         (3) Neither the Executive Office of the Governor nor the
 8629  Department of Personnel Management Services or its successor may
 8630  shall have power to determine the number, or fix the
 8631  compensation, of the employees of the Public Counsel or to
 8632  exercise any manner of control over them.
 8633         Section 288. Section 350.125, Florida Statutes, is amended
 8634  to read:
 8635         350.125 Administrative law judges.—Notwithstanding any
 8636  other provision of law to the contrary notwithstanding, the
 8637  commission shall use utilize administrative law judges of the
 8638  Division of Administrative Hearings of the Department of
 8639  Management Services to conduct hearings of the commission not
 8640  assigned to members of the commission.
 8641         Section 289. Subsection (2) of section 364.0135, Florida
 8642  Statutes, is amended to read:
 8643         364.0135 Promotion of broadband deployment.—
 8644         (2) The Agency for Enterprise Information Technology shall
 8645  Department of Management Services is authorized to work
 8646  collaboratively with, and to receive staffing support and other
 8647  resources from, Enterprise Florida, Inc., state agencies, local
 8648  governments, private businesses, and community organizations to:
 8649         (a) Conduct a needs assessment of broadband Internet
 8650  service in collaboration with communications service providers,
 8651  including, but not limited to, wireless and wireline Internet
 8652  service providers, to develop geographical information system
 8653  maps at the census tract level that will:
 8654         1. Identify geographic gaps in broadband services,
 8655  including areas unserved by any broadband provider and areas
 8656  served by a single broadband provider;
 8657         2. Identify the download and upload transmission speeds
 8658  made available to businesses and individuals in the state, at
 8659  the census tract level of detail, using data rate benchmarks for
 8660  broadband service used by the Federal Communications Commission
 8661  to reflect different speed tiers; and
 8662         3. Provide a baseline assessment of statewide broadband
 8663  deployment in terms of percentage of households with broadband
 8664  availability.
 8665         (b) Create a strategic plan that has goals and strategies
 8666  for increasing the use of broadband Internet service in the
 8667  state.
 8668         (c) Build and facilitate local technology planning teams or
 8669  partnerships with members representing cross-sections of the
 8670  community, which may include, but are not limited to,
 8671  representatives from the following organizations and industries:
 8672  libraries, K-12 education, colleges and universities, local
 8673  health care providers, private businesses, community
 8674  organizations, economic development organizations, local
 8675  governments, tourism, parks and recreation, and agriculture.
 8676         (d) Encourage the use of broadband Internet service,
 8677  especially in the rural, unserved, and underserved communities
 8678  of the state through grant programs having effective strategies
 8679  to facilitate the statewide deployment of broadband Internet
 8680  service. For any grants to be awarded, priority must be given to
 8681  projects that:
 8682         1. Provide access to broadband education, awareness,
 8683  training, access, equipment, and support to libraries, schools,
 8684  colleges and universities, health care providers, and community
 8685  support organizations.
 8686         2. Encourage investments in primarily unserved areas to
 8687  give consumers a choice of more than one broadband Internet
 8688  service provider.
 8689         3. Work toward establishing affordable and sustainable
 8690  broadband Internet service in unserved areas of the state.
 8691         4. Facilitate the development of applications, programs,
 8692  and services, including, but not limited to, telework,
 8693  telemedicine, and e-learning to increase the usage of, and
 8694  demand for, broadband Internet service in the state.
 8695         Section 290. Subsections (2), (3), (4), (5), (6), and (9)
 8696  of section 364.515, Florida Statutes, are amended to read:
 8697         364.515 Infrastructure investment.—
 8698         (2) In order to be eligible under this act, an eligible
 8699  facility, or a group of eligible facilities based on geographic
 8700  proximity, shall submit a technology-needs request to the Agency
 8701  for Enterprise Information Technology Department of Management
 8702  Services. The agency department shall review the technology
 8703  needs request to determine if it conforms to the standards
 8704  outlined in the State Education Technology Committee’s plan. If
 8705  the technology-needs request does not conform to the plan, then
 8706  the agency department shall return the request to the eligible
 8707  facility or group for modifications. After modification of a
 8708  technology-needs request it can then be resubmitted by the
 8709  eligible facility or a group of eligible facilities. A
 8710  technology-needs request shall be submitted to the agency by
 8711  department no later than July 1, 1997. Nothing in this section
 8712  shall prevent The agency may group Department of Management
 8713  Services from grouping eligible facilities technology requests
 8714  if when such grouping would result in the most efficient method
 8715  to deliver advanced telecommunications services.
 8716         (3) Once a technology-needs request or group request has
 8717  been received and has been determined to meet the standards
 8718  outlined in the plan, the Agency for Enterprise Information
 8719  Technology Department of Management Services shall acquire
 8720  advanced telecommunications services requested by an eligible
 8721  facility or group of eligible facilities pursuant to chapter
 8722  287. The agency Department of Management Services shall
 8723  establish specifications to acquire the advanced
 8724  telecommunications infrastructure needed to provide advanced
 8725  telecommunications services. The advanced telecommunications
 8726  infrastructure used to provide such connections to the eligible
 8727  facilities shall be provided at no cost in an amount not to
 8728  exceed $20,000 per eligible facility. If In those instances in
 8729  which a competitive bid is not received, advanced
 8730  telecommunications services to be provided over this
 8731  communication infrastructure must shall be priced below
 8732  commercially available rates for comparable service and less
 8733  than the statewide average of such services.
 8734         (4) Notwithstanding the requirements in subsection (3), in
 8735  geographic areas where interconnection between entities is the
 8736  most efficient method of providing advanced telecommunications
 8737  services, the Agency for Enterprise Information Technology
 8738  Department of Management Services may suggest, along with the
 8739  commission, such interconnection arrangements.
 8740         (5) Any entity may submit a bid or proposal in response to
 8741  the solicitation for services by the Agency for Enterprise
 8742  Information Technology Department of Management Services. The
 8743  agency Department of Management Services shall award a bid in
 8744  conformity with chapter 287, and may not require under no
 8745  circumstances shall the bidder be required to install facilities
 8746  until the eligible facility is ready to use utilize the
 8747  services. If no bids or proposals are received in response to a
 8748  solicitation issued by the Department of Management Services,
 8749  the agency Department of Management Services shall obtain the
 8750  name and address from the commission of the carrier of last
 8751  resort in the territory of the eligible facility and provide
 8752  that carrier of last resort with a description of the advanced
 8753  telecommunications services that must be provided. If no bids or
 8754  proposals are submitted for the provision of advanced
 8755  telecommunications services to an eligible facility, the
 8756  telecommunications company serving as the carrier of last resort
 8757  to such eligible facility shall provide the advanced
 8758  telecommunications services.
 8759         (6) Advanced telecommunications services to be provided by
 8760  the entity awarded the contract or, if no bid or proposal is
 8761  received, the carrier of last resort must shall be provided
 8762  within 6 months or at such later date as the eligible facility
 8763  may specify. If In the event that a technology-needs request is
 8764  received by July 1, 1997, but is requested not to be completed
 8765  until after January 1, 1999, the Agency for Enterprise
 8766  Information Technology Department of Management Services shall
 8767  then issue a solicitation closer to the time the advanced
 8768  telecommunications services are requested. The entities
 8769  providing advanced telecommunications services pursuant to this
 8770  chapter shall abide by the same terms and conditions as those
 8771  eligible facilities requesting such services by January 1, 1999.
 8772         (9) Nothing in This part does not shall preclude the Agency
 8773  for Enterprise Information Technology Department of Management
 8774  Services from combining an eligible facility with any grouping
 8775  of qualified subscribers as defined in chapter 282, to create
 8776  the most cost-effective and efficient access to network
 8777  services.
 8778         Section 291. Section 364.516, Florida Statutes, is amended
 8779  to read:
 8780         364.516 Penalties.—If In the event that the provision of
 8781  advanced telecommunications services to a requesting eligible
 8782  facility pursuant to s. 364.515(5) or (6) is not performed by
 8783  the entity awarded the contract or by a carrier of last resort
 8784  or within the date specified in the solicitation, except in
 8785  those instances in which acts of God may have prevented the
 8786  bidder from completing the contract, the eligible facility or
 8787  the Agency for Enterprise Information Technology Department of
 8788  Management Services may petition the commission for an order
 8789  enforcing the requirements. The commission shall act upon such
 8790  petition within 60 days and, if in the event the commission
 8791  finds that the entity that has been awarded the contract or the
 8792  carrier of last resort has not performed as specified in this
 8793  part, the commission shall order the entities to perform as
 8794  required in the contract or by this part. If In the event the
 8795  entity fails to comply with the commission’s order within 60
 8796  days, the commission shall impose a fine on the bidding company
 8797  or carrier of last resort of $25,000 per eligible facility
 8798  specified in the contract. Any fines collected under this
 8799  section shall be deposited in the General Revenue Fund to be
 8800  allocated back to the specific requesting area where the
 8801  eligible facility is located to implement advanced
 8802  telecommunications services.
 8803         Section 292. Paragraph (a) of subsection (3) of section
 8804  365.171, Florida Statutes, is amended to read:
 8805         365.171 Emergency communications number E911 state plan.—
 8806         (3) DEFINITIONS.—As used in this section, the term:
 8807         (a) “Office” means the Technology Program within the
 8808  Department of Law Enforcement Management Services, as designated
 8809  by the department’s executive director secretary of the
 8810  department.
 8811         Section 293. Paragraph (t) of subsection (3), paragraph (a)
 8812  of subsection (6), paragraph (c) of subsection (7), and
 8813  paragraph (f) of subsection (12) of section 365.172, Florida
 8814  Statutes, are amended to read:
 8815         365.172 Emergency communications number “E911.”—
 8816         (3) DEFINITIONS.—Only as used in this section and ss.
 8817  365.171, 365.173, and 365.174, the term:
 8818         (t) “Office” means the Technology Program within the
 8819  Department of Law Enforcement Management Services, as designated
 8820  by the department’s executive director secretary of the
 8821  department.
 8822         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 8823         (a) The board shall:
 8824         1. Administer the E911 fee.
 8825         2. Implement, maintain, and oversee the fund.
 8826         3. Review and oversee the disbursement of the revenues
 8827  deposited into the fund as provided in s. 365.173.
 8828         a. The board may establish a schedule for implementing
 8829  wireless E911 service by service area, and prioritize
 8830  disbursements of revenues from the fund to providers and rural
 8831  counties as provided in s. 365.173(2)(d) and (g) pursuant to the
 8832  schedule, in order to implement E911 services in the most
 8833  efficient and cost-effective manner.
 8834         b. Revenues in the fund which have not been disbursed
 8835  because sworn invoices as required by s. 365.173(2)(d) have not
 8836  been submitted to the board may be used by the board as needed
 8837  to provide grants to counties for the purpose of upgrading E911
 8838  systems. The counties must use the funds only for capital
 8839  expenditures directly attributable to establishing and
 8840  provisioning E911 services, which may include next-generation
 8841  deployment. Before distributing the Prior to the distribution of
 8842  grants, the board shall provide 90 days’ written notice to all
 8843  counties and publish electronically an approved application
 8844  process electronically. County grant applications shall be
 8845  prioritized based on the availability of funds, current system
 8846  life expectancy, system replacement needs, and Phase II
 8847  compliance per the Federal Communications Commission. No grants
 8848  will be available to any county for next-generation deployment
 8849  until all counties are Phase II complete. The board shall take
 8850  all actions within its authority to ensure that county
 8851  recipients of such grants use these funds only for the purpose
 8852  under which they have been provided and may take any actions
 8853  within its authority to secure county repayment of grant
 8854  revenues upon determination that the funds were not used for the
 8855  purpose for under which they were provided.
 8856         c. The board shall reimburse all costs of a wireless
 8857  provider in accordance with s. 365.173(2)(d) before taking any
 8858  action to transfer additional funds.
 8859         d. By September 1, 2007, the board shall authorize the
 8860  transfer of up to $15 million to the counties from existing
 8861  money within the fund established under s. 365.173(1). The money
 8862  shall be disbursed equitably to all of the counties using a
 8863  timeframe and distribution methodology established by the board
 8864  before September 1, 2007, in order to prevent a loss to the
 8865  counties in the ordinary and expected time value of money caused
 8866  by any timing delay in remittance to the counties of wireline
 8867  fees caused by the one-time transfer of collecting wireline fees
 8868  by the counties to the board. All disbursements for this purpose
 8869  must be returned to the fund from future remittances by the
 8870  nonwireless category.
 8871         e. After taking the action required in sub-subparagraphs
 8872  a.-d., the board may review and, with all members participating
 8873  in the vote, adjust the percentage allocations or adjust the
 8874  amount of the fee, or both, under paragraph (8)(h), and, if the
 8875  board determines that the revenues in the wireless category
 8876  exceed the amount needed to reimburse wireless providers for the
 8877  cost to implement E911 services, the board may transfer revenue
 8878  to the counties from the existing funds within the wireless
 8879  category. The board shall disburse the funds equitably to all
 8880  counties using a timeframe and distribution methodology
 8881  established by the board.
 8882         4. Review documentation submitted by wireless providers
 8883  which reflects current and projected funds derived from the fee,
 8884  and the expenses incurred and expected to be incurred in order
 8885  to comply with the E911 service requirements contained in the
 8886  order for the purposes of:
 8887         a. Ensuring that wireless providers receive fair and
 8888  equitable distributions of funds from the fund.
 8889         b. Ensuring that wireless providers are not provided
 8890  disbursements from the fund which exceed the costs of providing
 8891  E911 service, including the costs of complying with the order.
 8892         c. Ascertaining the projected costs of compliance with the
 8893  requirements of the order and projected collections of the fee.
 8894         d. Implementing changes to the allocation percentages or
 8895  adjusting the fee under paragraph (8)(i).
 8896         5. Meet monthly in the most efficient and cost-effective
 8897  manner, including telephonically if when practical, for the
 8898  business to be conducted, to review and approve or reject, in
 8899  whole or in part, applications submitted by wireless providers
 8900  for recovery of moneys deposited into the wireless category, and
 8901  to authorize the transfer of, and distribute, the fee allocation
 8902  to the counties.
 8903         6. Hire and retain employees, which may include an
 8904  independent executive director who must shall possess experience
 8905  in the area of telecommunications and emergency 911 issues, for
 8906  the purposes of performing the technical and administrative
 8907  functions for the board.
 8908         7. Make and enter into contracts, pursuant to chapter 287,
 8909  and execute other instruments necessary or convenient for the
 8910  exercise of the powers and functions of the board.
 8911         8. Sue and be sued, and appear and defend in all actions
 8912  and proceedings, in its corporate name to the same extent as a
 8913  natural person.
 8914         9. Adopt, use, and alter a common corporate seal.
 8915         10. Elect or appoint the officers and agents that are
 8916  required by the affairs of the board.
 8917         11. The board may adopt rules under ss. 120.536(1) and
 8918  120.54 to implement this section and ss. 365.173 and 365.174.
 8919         12. Provide coordination, support, and technical assistance
 8920  to counties to promote the deployment of advanced 911 and E911
 8921  systems in the state.
 8922         13. Provide coordination and support for educational
 8923  opportunities related to E911 issues for the E911 community in
 8924  this state.
 8925         14. Act as an advocate for issues related to E911 system
 8926  functions, features, and operations to improve the delivery of
 8927  E911 services to the residents of and visitors to this state.
 8928         15. Coordinate input from this state at national forums and
 8929  associations, to ensure that policies related to E911 systems
 8930  and services are consistent with the policies of the E911
 8931  community in this state.
 8932         16. Work cooperatively with the system director established
 8933  in s. 365.171(5) to enhance the state of E911 services in this
 8934  state and to provide unified leadership for all E911 issues
 8935  through planning and coordination.
 8936         17. Do all acts and things necessary or convenient to carry
 8937  out the powers granted in this section in a manner that is
 8938  competitively and technologically neutral as to all voice
 8939  communications services providers, including, but not limited
 8940  to, consideration of emerging technology and related cost
 8941  savings, while taking into account embedded costs in current
 8942  systems.
 8943         18. Have the authority to secure the services of an
 8944  independent, private attorney via invitation to bid, request for
 8945  proposals, invitation to negotiate, or professional contracts
 8946  for legal services already established at the Division of
 8947  Purchasing of the Department of Financial Management Services.
 8948         (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING FIRM.—
 8949         (c) After July 1, 2004, The board may secure the services
 8950  of an independent accounting firm via invitation to bid, request
 8951  for proposals, invitation to negotiate, or professional
 8952  contracts already established at the Division of Purchasing,
 8953  Department of Financial Management Services, for certified
 8954  public accounting firms, or the board may hire and retain
 8955  professional accounting staff to accomplish these functions.
 8956         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 8957  the public need for reliable E911 services through reliable
 8958  wireless systems and the public interest served by governmental
 8959  zoning and land development regulations and notwithstanding any
 8960  other law or local ordinance to the contrary, the following
 8961  standards shall apply to a local government’s actions, as a
 8962  regulatory body, in the regulation of the placement,
 8963  construction, or modification of a wireless communications
 8964  facility. This subsection shall not, however, be construed to
 8965  waive or alter the provisions of s. 286.011 or s. 286.0115. For
 8966  the purposes of this subsection only, “local government” shall
 8967  mean any municipality or county and any agency of a municipality
 8968  or county only. The term “local government” does not, however,
 8969  include any airport, as defined by s. 330.27(2), even if it is
 8970  owned or controlled by or through a municipality, county, or
 8971  agency of a municipality or county. Further, notwithstanding
 8972  anything in this section to the contrary, this subsection does
 8973  not apply to or control a local government’s actions as a
 8974  property or structure owner in the use of any property or
 8975  structure owned by such entity for the placement, construction,
 8976  or modification of wireless communications facilities. In the
 8977  use of property or structures owned by the local government,
 8978  however, a local government may not use its regulatory authority
 8979  so as to avoid compliance with, or in a manner that does not
 8980  advance, the provisions of this subsection.
 8981         (f) Notwithstanding any other law to the contrary
 8982  notwithstanding, the Department of Law Enforcement Management
 8983  Services shall negotiate, in the name of the state, leases for
 8984  wireless communications facilities that provide access to state
 8985  government-owned property not acquired for transportation
 8986  purposes, and the Department of Transportation shall negotiate,
 8987  in the name of the state, leases for wireless communications
 8988  facilities that provide access to property acquired for state
 8989  rights-of-way. On property acquired for transportation purposes,
 8990  leases shall be granted in accordance with s. 337.251. On other
 8991  state government-owned property, leases shall be granted on a
 8992  space available, first-come, first-served basis. Payments
 8993  required by state government under a lease must be reasonable
 8994  and must reflect the market rate for the use of the state
 8995  government-owned property. The Department of Law Enforcement
 8996  Management Services and the Department of Transportation may are
 8997  authorized to adopt rules for the terms and conditions and
 8998  granting of any such leases.
 8999         Section 294. Subsection (1) of section 365.173, Florida
 9000  Statutes, is amended to read:
 9001         365.173 Emergency Communications Number E911 System Fund.—
 9002         (1) All revenues derived from the fee levied on subscribers
 9003  under s. 365.172 must be paid by the board into the State
 9004  Treasury on or before the 15th day of each month. Such moneys
 9005  must be accounted for in a special fund to be designated as the
 9006  Emergency Communications Number E911 System Fund, a fund created
 9007  in the Technology Program within the Department of Law
 9008  Enforcement, or other office as designated by the department’s
 9009  executive director Secretary of Management Services, and, for
 9010  accounting purposes, must be segregated into two separate
 9011  categories:
 9012         (a) the wireless category; and
 9013         (b) the nonwireless category. All moneys must be invested
 9014  by the Chief Financial Officer pursuant to s. 17.61. All moneys
 9015  in such fund are to be expended by the office for the purposes
 9016  provided in this section and s. 365.172. These funds are not
 9017  subject to s. 215.20.
 9018         Section 295. Section 373.4596, Florida Statutes, is amended
 9019  to read:
 9020         373.4596 State compliance with stormwater management
 9021  programs.—The state, through the department of Management
 9022  Services, the Department of Transportation, and other agencies,
 9023  shall construct, operate, and maintain buildings, roads, and
 9024  other facilities it owns, leases, or manages to fully comply
 9025  with state, water management district, and local government
 9026  stormwater management programs.
 9027         Section 296. Paragraph (f) of subsection (5) of section
 9028  373.461, Florida Statutes, is amended to read:
 9029         373.461 Lake Apopka improvement and management.—
 9030         (5) PURCHASE OF AGRICULTURAL LANDS.—
 9031         (f)1. Tangible personal property acquired by the district
 9032  as part of related facilities pursuant to this section, and
 9033  classified as surplus by the district, shall be sold by the
 9034  Department of Financial Management Services. The department of
 9035  Management Services shall deposit the proceeds of such sale in
 9036  the Economic Development Trust Fund in the Executive Office of
 9037  the Governor. The proceeds shall be used to provide for the
 9038  purpose of providing economic and infrastructure development in
 9039  portions of northwestern Orange County and east central Lake
 9040  County which will be adversely affected economically due to the
 9041  acquisition of lands pursuant to this subsection.
 9042         2. The Office of Tourism, Trade, and Economic Development
 9043  shall, upon presentation of the appropriate documentation
 9044  justifying expenditure of the funds deposited pursuant to this
 9045  paragraph, pay any obligation for which it has sufficient funds
 9046  from the proceeds of the sale of tangible personal property and
 9047  which meets the limitations specified in paragraph (g). The
 9048  authority of the office of Tourism, Trade, and Economic
 9049  Development to expend such funds shall expire 5 years after from
 9050  the effective date of this paragraph. Such expenditures may
 9051  occur without future appropriation from the Legislature.
 9052         3. Funds deposited under this paragraph may not be used for
 9053  any purpose other than those enumerated in paragraph (g).
 9054         Section 297. Section 376.10, Florida Statutes, is amended
 9055  to read:
 9056         376.10 Personnel and equipment.—The department shall
 9057  establish and maintain at such ports within the state and other
 9058  places as it shall determine such employees and equipment as in
 9059  its judgment may be necessary to carry out the provisions of ss.
 9060  376.011-376.21. The department may employ and prescribe the
 9061  duties of such employees, subject to the rules and regulations
 9062  of the Department of Personnel Management Services. The salaries
 9063  of the employees and the cost of the equipment shall be paid
 9064  from the Florida Coastal Protection Trust Fund established by
 9065  ss. 376.011-376.21. The department shall periodically consult
 9066  with other agencies departments of the state relative to
 9067  procedures for the prevention of discharges of pollutants into
 9068  or affecting the coastal waters of the state from operations
 9069  regulated by ss. 376.011-376.21.
 9070         Section 298. Paragraph (k) of subsection (2) of section
 9071  377.703, Florida Statutes, is amended to read:
 9072         377.703 Additional functions of the Florida Energy and
 9073  Climate Commission.—
 9074         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
 9075  commission shall perform the following functions consistent with
 9076  the development of a state energy policy:
 9077         (k) The commission shall coordinate energy-related programs
 9078  of state government, including, but not limited to, the programs
 9079  provided in this section. To this end, the commission shall:
 9080         1. Provide assistance to other state agencies, counties,
 9081  municipalities, and regional planning agencies to further and
 9082  promote their energy planning activities.
 9083         2. Require, in cooperation with the Department of
 9084  Environmental Protection Management Services, that all state
 9085  agencies to operate state-owned and state-leased buildings in
 9086  accordance with energy conservation standards as adopted by the
 9087  department of Management Services. Every 3 months, the
 9088  department of Management Services shall furnish the commission
 9089  with data on agencies’ energy consumption and emissions of
 9090  greenhouse gases in a format prescribed by the commission.
 9091         3. Promote the development and use of renewable energy
 9092  resources, energy efficiency technologies, and conservation
 9093  measures.
 9094         4. Promote the recovery of energy from wastes, including,
 9095  but not limited to, the use of waste heat, the use of
 9096  agricultural products as a source of energy, and recycling of
 9097  manufactured products. Such promotion must shall be conducted in
 9098  conjunction with, and after consultation with, the Department of
 9099  Environmental Protection and the Florida Public Service
 9100  Commission where electrical generation or natural gas is
 9101  involved, and any other relevant federal, state, or local
 9102  governmental agency having responsibility for resource recovery
 9103  programs.
 9104         Section 299. Subsection (9) of section 381.98, Florida
 9105  Statutes, is amended to read:
 9106         381.98 The Florida Public Health Institute, Inc.;
 9107  establishment; purpose; mission; duties; board of directors.—
 9108         (9) The corporation may purchase goods, services, and
 9109  property for use by the Department of Health. These purchases
 9110  are not subject to the provisions of chapters 253, 255, and 287,
 9111  or nor to the control or direction of the Department of
 9112  Environmental Protection or the Department of Financial
 9113  Management Services.
 9114         Section 300. Section 394.9151, Florida Statutes, is amended
 9115  to read:
 9116         394.9151 Contract authority.—The Department of Children and
 9117  Family Services may contract with a private entity or state
 9118  agency for use of and operation of facilities to comply with the
 9119  requirements of this part act. The department of Children and
 9120  Family Services may also contract with the Department of
 9121  Financial Management Services to issue a request for proposals
 9122  and monitor contract compliance for these services.
 9123         Section 301. Section 395.1031, Florida Statutes, is amended
 9124  to read:
 9125         395.1031 Emergency medical services; communication.—Each
 9126  licensed hospital with an emergency department must be capable
 9127  of communicating by two-way radio with all ground-based basic
 9128  life support service vehicles and advanced life support service
 9129  vehicles that operate within the hospital’s service area under a
 9130  state permit and with all rotorcraft air ambulances that operate
 9131  under a state permit. The hospital’s radio system must be
 9132  capable of interfacing with municipal mutual aid channels
 9133  designated by the Department of Law Enforcement Management
 9134  Services and the Federal Communications Commission.
 9135         Section 302. Subsection (5) of section 400.121, Florida
 9136  Statutes, is amended to read:
 9137         400.121 Denial, suspension, revocation of license;
 9138  administrative fines; procedure; order to increase staffing.—
 9139         (5) An action taken by the agency to deny, suspend, or
 9140  revoke a facility’s license under this part or part II of
 9141  chapter 408 shall be heard by the Division of Administrative
 9142  Hearings of the Department of Management Services within 60 days
 9143  after the assignment of an administrative law judge, unless the
 9144  time limitation is waived by both parties. The administrative
 9145  law judge must render a decision within 30 days after receipt of
 9146  a proposed recommended order.
 9147         Section 303. Section 401.013, Florida Statutes, is amended
 9148  to read:
 9149         401.013 Legislative intent.—It is the intention and purpose
 9150  of the Legislature that a statewide system of regional emergency
 9151  medical telecommunications be developed whereby maximum use of
 9152  existing radio channels is achieved in order to more effectively
 9153  and rapidly provide emergency medical service to the general
 9154  population. To this end, all emergency medical service entities
 9155  within the state are directed to provide the Department of Law
 9156  Enforcement Management Services with any information the
 9157  department requests for the purpose of implementing the
 9158  provisions of s. 401.015, and such entities shall comply with
 9159  the resultant provisions established pursuant to this part.
 9160         Section 304. Section 401.015, Florida Statutes, is amended
 9161  to read:
 9162         401.015 Statewide regional emergency medical
 9163  telecommunication system.—The Department of Law Enforcement
 9164  shall Management Services is authorized and directed to develop
 9165  a statewide system of regional emergency medical
 9166  telecommunications. For the purpose of this part, the term
 9167  “telecommunications” means those voice, data, and signaling
 9168  transmissions and receptions between emergency medical service
 9169  components, including, but not limited to: ambulances; rescue
 9170  vehicles; hospitals or other related emergency receiving
 9171  facilities; emergency communications centers; physicians and
 9172  emergency medical personnel; paging facilities; law enforcement
 9173  and fire protection agencies; and poison control, suicide, and
 9174  emergency management agencies. In formulating such a system, the
 9175  department shall divide the state into appropriate regions and
 9176  shall develop a program that which includes, but is not limited
 9177  to, the following provisions:
 9178         (1) A requirements provision that states, which shall state
 9179  the telecommunications requirements for each emergency medical
 9180  entity comprising the region.
 9181         (2) An interfacility communications provision that depicts,
 9182  which shall depict the telecommunications interfaces between the
 9183  various medical service entities that which operate within the
 9184  region and state.
 9185         (3) An organizational layout provision that includes, which
 9186  shall include each emergency medical entity and the number of
 9187  base, mobile, handheld, or other radio operating units (base,
 9188  mobile, handheld, etc.) per entity.
 9189         (4) A frequency allocation and use provision that includes,
 9190  which shall include on an entity basis each assigned and planned
 9191  radio channel and the simplex, duplex, or other type of
 9192  operation (simplex, duplex, half duplex, etc.) on each channel.
 9193         (5) An operational provision that includes, which shall
 9194  include dispatching, logging, and operating procedures
 9195  pertaining to telecommunications on an entity basis and regional
 9196  basis.
 9197         (6) An emergency medical service telephone provision that
 9198  includes, which shall include the telephone and the numbering
 9199  plan throughout the region for both the public and interface
 9200  requirements.
 9201         Section 305. Section 401.018, Florida Statutes, is amended
 9202  to read:
 9203         401.018 System coordination.—
 9204         (1) The statewide system of regional emergency medical
 9205  telecommunications shall be developed by the Department of Law
 9206  Enforcement Management Services, which department shall be
 9207  responsible for the implementation and coordination of such
 9208  system into the state telecommunications plan. The department
 9209  shall adopt any necessary rules and regulations for implementing
 9210  and coordinating such a system.
 9211         (2) The Department of Law Enforcement is Management
 9212  Services shall be designated as the state frequency coordinator
 9213  for the special emergency radio service.
 9214         Section 306. Section 401.021, Florida Statutes, is amended
 9215  to read:
 9216         401.021 System director.—The executive director of Law
 9217  Enforcement Secretary of Management Services or a his or her
 9218  designee shall be is designated as the director of the statewide
 9219  telecommunications system of the regional emergency medical
 9220  service and, for the purpose of carrying out the provisions of
 9221  this part, may is authorized to coordinate the activities of the
 9222  telecommunications system with other interested state, county,
 9223  local, and private agencies.
 9224         Section 307. Section 401.024, Florida Statutes, is amended
 9225  to read:
 9226         401.024 System approval.—An From July 1, 1973, no emergency
 9227  medical telecommunications system may not shall be established
 9228  or present systems expanded without prior approval of the
 9229  Department of Law Enforcement Management Services.
 9230         Section 308. Section 401.027, Florida Statutes, is amended
 9231  to read:
 9232         401.027 Federal assistance.—The executive director of Law
 9233  Enforcement Secretary of Management Services or a his or her
 9234  designee may is authorized to apply for and accept federal
 9235  funding assistance in the development and implementation of a
 9236  statewide emergency medical telecommunications system.
 9237         Section 309. Paragraph (b) of subsection (2) of section
 9238  401.245, Florida Statutes, is amended to read:
 9239         401.245 Emergency Medical Services Advisory Council.—
 9240         (2)
 9241         (b) Representation on the Emergency Medical Services
 9242  Advisory Council must shall include: two licensed physicians who
 9243  are medical directors” as defined in s. 401.23(15) or whose
 9244  medical practice is closely related to emergency medical
 9245  services; two emergency medical service administrators, one of
 9246  whom is employed by a fire service; two certified paramedics,
 9247  one of whom is employed by a fire service; two certified
 9248  emergency medical technicians, one of whom is employed by a fire
 9249  service; one emergency medical services educator; one emergency
 9250  nurse; one hospital administrator; one representative of air
 9251  ambulance services; one representative of a commercial ambulance
 9252  operator; and two laypersons who are in no way connected with
 9253  emergency medical services, one of whom is a representative of
 9254  the elderly. Ex officio members of the advisory council from
 9255  state agencies must shall include, but are shall not be limited
 9256  to, representatives from the Department of Education, the
 9257  Department of Law Enforcement Management Services, the State
 9258  Fire Marshal, the Department of Highway Safety and Motor
 9259  Vehicles, the Department of Transportation, and the Department
 9260  of Community Affairs.
 9261         Section 310. Section 402.35, Florida Statutes, is amended
 9262  to read:
 9263         402.35 Employees.—All personnel of the Department of
 9264  Children and Family Services shall be governed by rules and
 9265  regulations adopted and promulgated by the Department of
 9266  Personnel Management Services relative thereto except for the
 9267  director and persons paid on a fee basis. The Department of
 9268  Children and Family Services may participate with other state
 9269  departments and agencies in a joint merit system. A No federal,
 9270  state, county, or municipal officer may not shall be eligible to
 9271  serve as an employee of the Department of Children and Family
 9272  Services.
 9273         Section 311. Paragraph (a) of subsection (2) of section
 9274  402.50, Florida Statutes, is amended to read:
 9275         402.50 Administrative infrastructure; legislative intent;
 9276  establishment of standards.—
 9277         (2) ADMINISTRATIVE INFRASTRUCTURE STANDARDS.—
 9278         (a) The department, in conjunction with the Department of
 9279  Personnel Management Services and the Governor’s Office of
 9280  Policy and Budget Planning and Budgeting, shall develop
 9281  standards for administrative infrastructure funding and staffing
 9282  to support the department and contract service providers in the
 9283  execution of their duties and responsibilities.
 9284         Section 312. Paragraph (b) of subsection (14) of section
 9285  403.061, Florida Statutes, is amended to read:
 9286         403.061 Department; powers and duties.—The department shall
 9287  have the power and the duty to control and prohibit pollution of
 9288  air and water in accordance with the law and rules adopted and
 9289  promulgated by it and, for this purpose, to:
 9290         (14) Establish a permit system whereby a permit may be
 9291  required for the operation, construction, or expansion of any
 9292  installation that may be a source of air or water pollution and
 9293  provide for the issuance and revocation of such permits and for
 9294  the posting of an appropriate bond to operate.
 9295         (b) The provisions of chapter 120 shall be accorded any
 9296  person when substantial interests will be affected by an
 9297  activity proposed to be conducted by the Department of
 9298  Transportation pursuant to its certification and the acceptance
 9299  of the department. If a proceeding is conducted pursuant to ss.
 9300  120.569 and 120.57, the department may intervene as a party. If
 9301  Should an administrative law judge of the Division of
 9302  Administrative Hearings submits of the Department of Management
 9303  Services submit a recommended order pursuant to ss. 120.569 and
 9304  120.57, the department shall issue a final department order
 9305  adopting, rejecting, or modifying the recommended order pursuant
 9306  to such action.
 9307  
 9308  The department shall implement such programs in conjunction with
 9309  its other powers and duties and shall place special emphasis on
 9310  reducing and eliminating contamination that presents a threat to
 9311  humans, animals or plants, or to the environment.
 9312         Section 313. Paragraph (b) of subsection (3) of section
 9313  403.42, Florida Statutes, is amended to read:
 9314         403.42 Florida Clean Fuel Act.—
 9315         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
 9316  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.—
 9317         (b)1. The advisory board shall consist of the Secretary of
 9318  Community Affairs, or a designee from that department, the
 9319  Secretary of Environmental Protection, or a designee from that
 9320  department, the Commissioner of Education, or a designee from
 9321  that department, the Secretary of Transportation, or a designee
 9322  from that department, the Commissioner of Agriculture, or a
 9323  designee from the Department of Agriculture and Consumer
 9324  Services, the Chief Financial Officer Secretary of Management
 9325  Services, or a designee from that department, and a
 9326  representative of each of the following, who shall be appointed
 9327  by the Secretary of Environmental Protection:
 9328         a. The Florida biodiesel industry.
 9329         b. The Florida electric utility industry.
 9330         c. The Florida natural gas industry.
 9331         d. The Florida propane gas industry.
 9332         e. An automobile manufacturers’ association.
 9333         f. A Florida Clean Cities Coalition designated by the
 9334  United States Department of Energy.
 9335         g. Enterprise Florida, Inc.
 9336         h. EV Ready Broward.
 9337         i. The Florida petroleum industry.
 9338         j. The Florida League of Cities.
 9339         k. The Florida Association of Counties.
 9340         l. Floridians for Better Transportation.
 9341         m. A motor vehicle manufacturer.
 9342         n. Florida Local Environment Resource Agencies.
 9343         o. Project for an Energy Efficient Florida.
 9344         p. Florida Transportation Builders Association.
 9345         2. The purpose of the advisory board is to serve as a
 9346  resource for the department and to provide the Governor, the
 9347  Legislature, and the Secretary of Environmental Protection with
 9348  private sector and other public agency perspectives on achieving
 9349  the goal of increasing the use of alternative fuel vehicles in
 9350  this state.
 9351         3. Members shall be appointed to serve terms of 1 year
 9352  each, with reappointment at the discretion of the Secretary of
 9353  Environmental Protection. Vacancies shall be filled for the
 9354  remainder of the unexpired term in the same manner as the
 9355  original appointment.
 9356         4. The board shall annually select a chairperson.
 9357         5.a. The board shall meet at least once each quarter or
 9358  more often at the call of the chairperson or the Secretary of
 9359  Environmental Protection.
 9360         b. Meetings are exempt from the notice requirements of
 9361  chapter 120, and sufficient notice must shall be given to afford
 9362  interested persons reasonable notice under the circumstances.
 9363         6. Members of the board are entitled to travel expenses
 9364  while engaged in the performance of board duties.
 9365         7. The board shall terminate 5 years after the effective
 9366  date of this act.
 9367         Section 314. Paragraph (b) of subsection (2) and paragraph
 9368  (b) of subsection (3) of section 403.518, Florida Statutes, are
 9369  amended to read:
 9370         403.518 Fees; disposition.—The department shall charge the
 9371  applicant the following fees, as appropriate, which, unless
 9372  otherwise specified, shall be paid into the Florida Permit Fee
 9373  Trust Fund:
 9374         (2) An application fee, which shall not exceed $200,000.
 9375  The fee shall be fixed by rule on a sliding scale related to the
 9376  size, type, ultimate site capacity, or increase in electrical
 9377  generating capacity proposed by the application.
 9378         (b) The following percentages shall be transferred to the
 9379  Operating Trust Fund of the Division of Administrative Hearings
 9380  of the Department of Management Services:
 9381         1. Five percent to compensate expenses from the initial
 9382  exercise of duties associated with the filing of an application.
 9383         2. An additional 5 percent if a land use hearing is held
 9384  pursuant to s. 403.508.
 9385         3. An additional 10 percent if a certification hearing is
 9386  held pursuant to s. 403.508.
 9387         (3)
 9388         (b) The fee shall be submitted to the department with a
 9389  petition for modification pursuant to s. 403.516. The This fee
 9390  shall be established, disbursed, and processed in the same
 9391  manner as the application fee in subsection (2), except that the
 9392  Division of Administrative Hearings may shall not receive a
 9393  portion of the fee unless the petition for certification
 9394  modification is referred to the Division of Administrative
 9395  Hearings for hearing. If the petition is so referred, only
 9396  $10,000 of the fee shall be transferred to the Operating Trust
 9397  Fund of the Division of Administrative Hearings of the
 9398  Department of Personnel Management Services.
 9399         Section 315. Paragraph (c) of subsection (1) of section
 9400  403.5365, Florida Statutes, is amended to read:
 9401         403.5365 Fees; disposition.—The department shall charge the
 9402  applicant the following fees, as appropriate, which, unless
 9403  otherwise specified, shall be paid into the Florida Permit Fee
 9404  Trust Fund:
 9405         (1) An application fee.
 9406         (c) The following percentages shall be transferred to the
 9407  Operating Trust Fund of the Division of Administrative Hearings
 9408  of the Department of Personnel Management Services:
 9409         1. Five percent to compensate for expenses from the initial
 9410  exercise of duties associated with the filing of an application.
 9411         2. An additional 10 percent if an administrative hearing
 9412  under s. 403.527 is held.
 9413         Section 316. Subsection (1) of section 403.7065, Florida
 9414  Statutes, is amended to read:
 9415         403.7065 Procurement of products or materials with recycled
 9416  content.—
 9417         (1) Except as provided in s. 287.045, any state agency or
 9418  agency of a political subdivision of the state which is using
 9419  state funds, or any person contracting with any such agency with
 9420  respect to work performed under contract, must is required to
 9421  procure products or materials that have with recycled content if
 9422  when the Department of Financial Management Services determines
 9423  that those products or materials are available. A decision not
 9424  to procure such items must be based on the department’s
 9425  Department of Management Services’ determination that such
 9426  procurement is not reasonably available within an acceptable
 9427  period of time, fails to meet the performance standards set
 9428  forth in the applicable specifications, or fails to meet the
 9429  performance standards of the agency. If When the requirements of
 9430  s. 287.045 are met, agencies are shall be subject to the
 9431  procurement requirements of that section for procuring products
 9432  or materials with recycled content.
 9433         Section 317. Paragraphs (a) and (d) of subsection (1) and
 9434  subsection (3) of section 403.714, Florida Statutes, are amended
 9435  to read:
 9436         403.714 Duties of state agencies.—
 9437         (1) Each state agency, the judicial branch of state
 9438  government, and the State University System shall:
 9439         (a) Establish a program, in cooperation with the department
 9440  and the Department of Financial Management Services, for the
 9441  collection of all recyclable materials generated in state
 9442  offices and institutions throughout the state, including, at a
 9443  minimum, aluminum, high-grade office paper, and corrugated
 9444  paper.
 9445         (d) Establish and implement, in cooperation with the
 9446  department and the Department of Financial Management Services,
 9447  a solid waste reduction program for materials used in the course
 9448  of agency operations. The program shall be designed and
 9449  implemented to achieve the maximum feasible reduction of solid
 9450  waste generated as a result of agency operations.
 9451         (3) All state agencies, including, but not limited to, the
 9452  Department of Transportation, the department, and the Department
 9453  of Financial Management Services and local governments, must are
 9454  required to procure compost products if when they can be
 9455  substituted for, and cost no more than, regular soil amendment
 9456  products, provided the compost products meet all applicable
 9457  state standards, specifications, and regulations.
 9458         Section 318. Subsection (1) of section 403.7145, Florida
 9459  Statutes, is amended to read:
 9460         403.7145 Recycling.—
 9461         (1) The Capitol and the House and Senate office buildings
 9462  constitute the Capitol recycling area. The Florida House of
 9463  Representatives, the Florida Senate, and the Office of the
 9464  Governor, the Secretary of State, and each Cabinet officer who
 9465  heads a department that occupies office space in the Capitol,
 9466  shall institute a recycling program for their respective offices
 9467  in the House and Senate office buildings and the Capitol.
 9468  Provisions shall be made to collect and sell wastepaper and
 9469  empty aluminum beverage cans generated by employee activities in
 9470  these offices. The collection and sale of such materials shall
 9471  be coordinated with Department of Management Services recycling
 9472  activities of the Department of Financial Services in order to
 9473  maximize the efficiency and economy of the this program. The
 9474  Governor, the Speaker of the House of Representatives, the
 9475  President of the Senate, the Secretary of State, and the Cabinet
 9476  officers may authorize the use of proceeds from recyclable
 9477  material sales for employee benefits and other purposes, in
 9478  order to provide incentives to their respective employees for
 9479  participation in the recycling program. Such proceeds may also
 9480  be used to offset any costs of the recycling program.
 9481         Section 319. Section 403.71852, Florida Statutes, is
 9482  amended to read:
 9483         403.71852 Collection of lead-containing products.—The
 9484  department shall of Environmental Protection is directed to work
 9485  with the Department of Financial Management Services to
 9486  implement a pilot program to collect lead-containing products,
 9487  including end-of-life computers and other electronic equipment
 9488  from state and local agencies. Local governments are encouraged
 9489  to establish collection and recycling programs for publicly and
 9490  privately owned lead-containing products, including end-of-life
 9491  televisions, computers, and other electronic products, through
 9492  existing recycling and household hazardous-waste-management
 9493  programs.
 9494         Section 320. Paragraph (c) of subsection (3) of section
 9495  406.075, Florida Statutes, is amended to read:
 9496         406.075 Grounds for discipline; disciplinary proceedings.—
 9497         (3)
 9498         (c) A formal hearing before an administrative law judge
 9499  from the Division of Administrative Hearings of the Department
 9500  of Management Services shall be held pursuant to chapter 120
 9501  unless all parties agree in writing that there is no disputed
 9502  issue of material fact. The administrative law judge shall issue
 9503  a recommended order pursuant to chapter 120. If any party raises
 9504  an issue of disputed fact during an informal hearing, the
 9505  hearing shall be terminated and a formal hearing pursuant to
 9506  chapter 120 shall be held.
 9507         Section 321. Paragraph (b) of subsection (5) of section
 9508  408.039, Florida Statutes, is amended to read:
 9509         408.039 Review process.—The review process for certificates
 9510  of need shall be as follows:
 9511         (5) ADMINISTRATIVE HEARINGS.—
 9512         (b) Hearings shall be held in Tallahassee unless the
 9513  administrative law judge determines that changing the location
 9514  will facilitate the proceedings. The agency shall assign
 9515  proceedings requiring hearings to the Division of Administrative
 9516  Hearings of the Department of Management Services within 10 days
 9517  after the time has expired for requesting a hearing. Except upon
 9518  unanimous consent of the parties or upon the granting by the
 9519  administrative law judge of a motion of continuance, hearings
 9520  shall commence within 60 days after the administrative law judge
 9521  has been assigned. For an application for a general hospital,
 9522  administrative hearings shall commence within 6 months after the
 9523  administrative law judge has been assigned, and a continuance
 9524  may not be granted absent a finding of extraordinary
 9525  circumstances by the administrative law judge. All parties,
 9526  except the agency, shall bear their own expense of preparing a
 9527  transcript. In any application for a certificate of need which
 9528  is referred to the division of Administrative Hearings for
 9529  hearing, the administrative law judge shall complete and submit
 9530  to the parties a recommended order as provided in ss. 120.569
 9531  and 120.57. The recommended order must shall be issued within 30
 9532  days after the receipt of the proposed recommended orders or the
 9533  deadline for submission of such proposed recommended orders,
 9534  whichever is earlier. The division shall adopt procedures for
 9535  administrative hearings which shall maximize the use of
 9536  stipulated facts and shall provide for the admission of prepared
 9537  testimony.
 9538         Section 322. Paragraph (a) of subsection (11) of section
 9539  408.910, Florida Statutes, is amended to read:
 9540         408.910 Florida Health Choices Program.—
 9541         (11) CORPORATION.—There is created the Florida Health
 9542  Choices, Inc., which shall be registered, incorporated,
 9543  organized, and operated in compliance with part III of chapter
 9544  112 and chapters 119, 286, and 617. The purpose of the
 9545  corporation is to administer the program created in this section
 9546  and to conduct such other business as may further the
 9547  administration of the program.
 9548         (a) The corporation shall be governed by a 15-member board
 9549  of directors consisting of:
 9550         1. Three ex officio, nonvoting members to include:
 9551         a. The Secretary of Health Care Administration or a
 9552  designee with expertise in health care services.
 9553         b. The executive director of Personnel Secretary of
 9554  Management Services or a designee with expertise in state
 9555  employee benefits.
 9556         c. The commissioner of the Office of Insurance Regulation
 9557  or a designee with expertise in insurance regulation.
 9558         2. Four members appointed by and serving at the pleasure of
 9559  the Governor.
 9560         3. Four members appointed by and serving at the pleasure of
 9561  the President of the Senate.
 9562         4. Four members appointed by and serving at the pleasure of
 9563  the Speaker of the House of Representatives.
 9564         5. Board members may not include insurers, health insurance
 9565  agents or brokers, health care providers, health maintenance
 9566  organizations, prepaid service providers, or any other entity,
 9567  affiliate or subsidiary of eligible vendors.
 9568         Section 323. Subsection (3) of section 413.036, Florida
 9569  Statutes, is amended to read:
 9570         413.036 Procurement of services by agencies; authority of
 9571  department.—
 9572         (3) If, pursuant to a contract between a any legislative,
 9573  executive, or judicial agency of the state and any private
 9574  contract vendor, a product or service is required by the
 9575  Department of Financial Management Services or on behalf of any
 9576  state agency which that is included on the procurement list
 9577  established by the commission pursuant to s. 413.035(2), the
 9578  contract must contain the following language:
 9579         “IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES
 9580  THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT
 9581  MUST SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR
 9582  FOR THE SEVERELY HANDICAPPED WHICH THAT IS QUALIFIED PURSUANT TO
 9583  CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE
 9584  SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA
 9585  STATUTES.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,
 9586  OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS
 9587  CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY
 9588  INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE
 9589  CONCERNED.”
 9590         Section 324. Subsection (11) of section 413.051, Florida
 9591  Statutes, is amended to read:
 9592         413.051 Eligible blind persons; operation of vending
 9593  stands.—
 9594         (11) Effective July 1, 1996, blind licensees who remain
 9595  members of the Florida Retirement System pursuant to s.
 9596  121.051(6)(b)1. must shall pay any unappropriated retirement
 9597  costs from their net profits or from program income. Within 30
 9598  days after the effective date of this act, each blind licensee
 9599  who is eligible to maintain membership in the Florida Retirement
 9600  System under s. 121.051(6)(b)1., but who elects to withdraw from
 9601  the system as provided in s. 121.051(6)(b)3., must, on or before
 9602  July 31, 1996, notify the Division of Blind Services and the
 9603  Department of Personnel Management Services in writing of his or
 9604  her election to withdraw. Failure to timely notify the divisions
 9605  shall be deemed a decision to remain a compulsory member of the
 9606  Florida Retirement System. However, if, at any time after July
 9607  1, 1996, sufficient funds are not paid by a blind licensee to
 9608  cover the required contribution to the Florida Retirement
 9609  System, that blind licensee is shall become ineligible to
 9610  participate in the Florida Retirement System on the last day of
 9611  the first month for which no contribution is made or the amount
 9612  contributed is insufficient to cover the required contribution.
 9613  For any blind licensee who becomes ineligible to participate in
 9614  the Florida Retirement System as described in this subsection,
 9615  no creditable service may not shall be earned under the Florida
 9616  Retirement System for any period following the month that
 9617  retirement contributions ceased to be reported. However, any
 9618  such person may participate in the Florida Retirement System in
 9619  the future if employed by a participating employer in a covered
 9620  position.
 9621         Section 325. Section 414.37, Florida Statutes, is amended
 9622  to read:
 9623         414.37 Public assistance overpayment recovery
 9624  privatization; reemployment of laid-off career service
 9625  employees.—Should career service employees of the Department of
 9626  Children and Family Services be subject to layoff after July 1,
 9627  1995, due to the privatization of public assistance overpayment
 9628  recovery functions, the privatization contract must shall
 9629  require the contracting firm to give priority consideration to
 9630  employment of such employees. In addition, a task force composed
 9631  of representatives from the Department of Children and Family
 9632  Services and the Department of Personnel Management Services
 9633  shall be established to provide reemployment assistance to such
 9634  employees.
 9635         Section 326. Subsection (5) of section 429.14, Florida
 9636  Statutes, is amended to read:
 9637         429.14 Administrative penalties.—
 9638         (5) An action taken by the agency to suspend, deny, or
 9639  revoke a facility’s license under this part or part II of
 9640  chapter 408, in which the agency claims that the facility owner
 9641  or an employee of the facility has threatened the health,
 9642  safety, or welfare of a resident of the facility must be heard
 9643  by the Division of Administrative Hearings of the Department of
 9644  Management Services within 120 days after receipt of the
 9645  facility’s request for a hearing, unless that time limitation is
 9646  waived by both parties. The administrative law judge must render
 9647  a decision within 30 days after receipt of a proposed
 9648  recommended order.
 9649         Section 327. Section 440.2715, Florida Statutes, is amended
 9650  to read:
 9651         440.2715 Access to courts through state video
 9652  teleconferencing network.—The First District Court of Appeal
 9653  shall use the state video teleconferencing network established
 9654  by the Agency for Enterprise Information Technology Department
 9655  of Management Services to facilitate access to courts for
 9656  purposes of workers’ compensation actions.
 9657         Section 328. Paragraph (a) of subsection (1) of section
 9658  440.45, Florida Statutes, is amended to read:
 9659         440.45 Office of the Judges of Compensation Claims.—
 9660         (1)(a) There is created The Office of the Judges of
 9661  Compensation Claims is created within the Division of
 9662  Administrative Hearings Department of Management Services. The
 9663  office of the Judges of Compensation Claims shall be headed by
 9664  the Deputy Chief Judge of Compensation Claims. The Deputy Chief
 9665  Judge shall report to the director of the Division of
 9666  Administrative Hearings. The Deputy Chief Judge shall be
 9667  appointed by the Governor for a term of 4 years from a list of
 9668  three names submitted by the statewide nominating commission
 9669  created under subsection (2). The Deputy Chief Judge must
 9670  demonstrate prior administrative experience and possess the same
 9671  qualifications for appointment as a judge of compensation
 9672  claims, and the procedure for reappointment of the Deputy Chief
 9673  Judge will be the same as for reappointment of a judge of
 9674  compensation claims. The office shall be a separate budget
 9675  entity and the director of the Division of Administrative
 9676  Hearings shall be its agency head for all purposes, including,
 9677  but not limited to, rulemaking pursuant to subsection (4) and
 9678  establishing agency policies and procedures. The Department of
 9679  Personnel Management Services shall provide administrative
 9680  support and service to the office to the extent requested by the
 9681  division director of the Division of Administrative Hearings but
 9682  may shall not direct, supervise, or control the Office of the
 9683  Judges of Compensation Claims in any manner, including, but not
 9684  limited to, personnel, purchasing, budgetary matters, or
 9685  property transactions. The operating budget of the Office of the
 9686  Judges of Compensation Claims shall be paid out of the Workers’
 9687  Compensation Administration Trust Fund established in s. 440.50.
 9688         Section 329. Paragraph (b) of subsection (9) of section
 9689  445.009, Florida Statutes, is amended to read:
 9690         445.009 One-stop delivery system.—
 9691         (9)
 9692         (b) The network shall assure that a uniform method is used
 9693  to determine eligibility for and management of services provided
 9694  by agencies that conduct workforce development activities. The
 9695  Department of Financial Management Services shall develop
 9696  strategies to allow access to the databases and information
 9697  management systems of the following systems in order to link
 9698  information in those databases with the one-stop delivery
 9699  system:
 9700         1. The Unemployment Compensation Program of the Agency for
 9701  Workforce Innovation.
 9702         2. The public employment service described in s. 443.181.
 9703         3. The FLORIDA System and the components related to WAGES,
 9704  food stamps, and Medicaid eligibility.
 9705         4. The Student Financial Assistance System of the
 9706  Department of Education.
 9707         5. Enrollment in the public postsecondary education system.
 9708         6. Other information systems determined appropriate by
 9709  Workforce Florida, Inc.
 9710         Section 330. Subsections (3) and (4) of section 447.205,
 9711  Florida Statutes, are amended to read:
 9712         447.205 Public Employees Relations Commission.—
 9713         (3) The commission, in the performance of its powers and
 9714  duties under this part, is shall not be subject to control,
 9715  supervision, or direction by the Department of Personnel
 9716  Management Services.
 9717         (4) The property, personnel, and appropriations related to
 9718  the commission’s specified authority, powers, duties, and
 9719  responsibilities shall be provided to the commission by the
 9720  Department of Personnel Management Services.
 9721         Section 331. Paragraph (k) of subsection (14) of section
 9722  455.32, Florida Statutes, is amended to read:
 9723         455.32 Management Privatization Act.—
 9724         (14) The contract between the department and the
 9725  corporation must be in compliance with this section and other
 9726  applicable laws. The department shall retain responsibility for
 9727  any duties it currently exercises relating to its police powers
 9728  and any other current duty that is not provided to the
 9729  corporation by contract or this section. The contract shall
 9730  provide, at a minimum, that:
 9731         (k) The corporation, out of its allocated budget, pay to
 9732  the department all costs incurred by the corporation or the
 9733  board for the Division of Administrative Hearings of the
 9734  Department of Management Services and any other cost for using
 9735  utilization of these state services.
 9736         Section 332. Paragraph (j) of subsection (3) of section
 9737  471.038, Florida Statutes, is amended to read:
 9738         471.038 Florida Engineers Management Corporation.—
 9739         (3) The Florida Engineers Management Corporation is created
 9740  to provide administrative, investigative, and prosecutorial
 9741  services to the board in accordance with the provisions of
 9742  chapter 455 and this chapter. The management corporation may
 9743  hire staff as necessary to carry out its functions. Such staff
 9744  are not public employees for the purposes of chapter 110 or
 9745  chapter 112, except that the board of directors and the staff
 9746  are subject to the provisions of s. 112.061. The provisions of
 9747  s. 768.28 apply to the management corporation, which is deemed
 9748  to be a corporation primarily acting as an instrumentality of
 9749  the state, but which is not an agency within the meaning of s.
 9750  20.03(11). The management corporation shall:
 9751         (j) Operate under a written contract with the department
 9752  which is approved by the board. The contract must provide for,
 9753  but is not limited to:
 9754         1. Submission by the management corporation of an annual
 9755  budget that complies with board rules for approval by the board
 9756  and the department.
 9757         2. Annual certification by the board and the department
 9758  that the management corporation is complying with the terms of
 9759  the contract in a manner consistent with the goals and purposes
 9760  of the board and in the best interest of the state. This
 9761  certification must be reported in the board’s minutes. The
 9762  contract must also provide for methods and mechanisms to resolve
 9763  any situation in which the certification process determines
 9764  noncompliance.
 9765         3. Funding of the management corporation through
 9766  appropriations allocated to the regulation of professional
 9767  engineers from the Professional Regulation Trust Fund.
 9768         4. The reversion to the board, or the state if the board
 9769  ceases to exist, of moneys, records, data, and property held in
 9770  trust by the management corporation for the benefit of the
 9771  board, if the management corporation is no longer approved to
 9772  operate for the board or the board ceases to exist. All records
 9773  and data in a computerized database shall be returned to the
 9774  department in a form that is compatible with the computerized
 9775  database of the department.
 9776         5. The securing and maintaining by the management
 9777  corporation, during the term of the contract and for all acts
 9778  performed during the term of the contract, of all liability
 9779  insurance coverages in an amount to be approved by the board to
 9780  defend, indemnify, and hold harmless the management corporation
 9781  and its officers and employees, the department and its
 9782  employees, and the state against all claims arising from state
 9783  and federal laws. Such insurance coverage must be with insurers
 9784  qualified and doing business in the state. The management
 9785  corporation must provide proof of insurance to the department.
 9786  The department and its employees and the state are exempt from
 9787  and are not liable for any sum of money which represents a
 9788  deductible, which sums are shall be the sole responsibility of
 9789  the management corporation. Violation of this subparagraph is
 9790  shall be grounds for terminating the contract.
 9791         6. Payment by the management corporation, out of its
 9792  allocated budget, to the department of all costs of
 9793  representation by the board counsel, including salary and
 9794  benefits, travel, and any other compensation traditionally paid
 9795  by the department to other board counsel.
 9796         7. Payment by the management corporation, out of its
 9797  allocated budget, to the department of all costs incurred by the
 9798  management corporation or the board for the Division of
 9799  Administrative Hearings of the Department of Management Services
 9800  and any other cost for using utilization of these state
 9801  services.
 9802         8. Payment by the management corporation, out of its
 9803  allocated budget, to the department of reasonable costs
 9804  associated with the contract monitor.
 9805         Section 333. Section 489.145, Florida Statutes, is amended
 9806  to read:
 9807         489.145 Guaranteed energy, water, and wastewater
 9808  performance savings contracting.—
 9809         (1) SHORT TITLE.—This section may be cited as the
 9810  “Guaranteed Energy, Water, and Wastewater Performance Savings
 9811  Contracting Act.”
 9812         (2) LEGISLATIVE FINDINGS.—The Legislature finds that
 9813  investment in energy, water, and wastewater efficiency and
 9814  conservation measures in agency facilities can reduce the amount
 9815  of energy and water consumed and wastewater produced and produce
 9816  immediate and long-term savings. It is the policy of this state
 9817  to encourage each agency to invest in energy, water, and
 9818  wastewater efficiency and conservation measures to minimize
 9819  energy and water consumption and wastewater production and
 9820  maximize energy, water, and wastewater savings. It is further
 9821  the policy of this state to encourage agencies to reinvest any
 9822  resulting savings resulting from energy, water, and wastewater
 9823  efficiency and conservation measures in additional energy,
 9824  water, and wastewater efficiency and conservation measures.
 9825         (3) DEFINITIONS.—As used in this section, the term:
 9826         (a) “Agency” means the state, a municipality, or a
 9827  political subdivision.
 9828         (b) “Energy, water, and wastewater efficiency and
 9829  conservation measure” means a training program incidental to the
 9830  contract, facility alteration, or equipment purchase to be used
 9831  in new construction, including an addition to existing
 9832  facilities or infrastructure, which reduces energy or water
 9833  consumption, wastewater production, or energy-related operating
 9834  costs and includes, but is not limited to:
 9835         1. Insulation of the facility structure and systems within
 9836  the facility.
 9837         2. Storm windows and doors, caulking or weatherstripping,
 9838  multiglazed windows and doors, heat-absorbing, or heat
 9839  reflective, glazed and coated window and door systems,
 9840  additional glazing, reductions in glass area, and other window
 9841  and door system modifications that reduce energy consumption.
 9842         3. Automatic energy control systems.
 9843         4. Heating, ventilating, or air-conditioning system
 9844  modifications or replacements.
 9845         5. Replacement or modifications of lighting fixtures to
 9846  increase the energy efficiency of the lighting system, which, at
 9847  a minimum, must conform to the applicable state or local
 9848  building code.
 9849         6. Energy recovery systems.
 9850         7. Cogeneration systems that produce steam or forms of
 9851  energy such as heat, as well as electricity, for use primarily
 9852  within a facility or complex of facilities.
 9853         8. Energy conservation measures that reduce British thermal
 9854  units (Btu), kilowatts (kW), or kilowatt hours (kWh) consumed or
 9855  provide long-term operating cost reductions.
 9856         9. Renewable energy systems, such as solar, biomass, or
 9857  wind systems.
 9858         10. Devices that reduce water consumption or sewer charges.
 9859         11. Energy storage systems, such as fuel cells and thermal
 9860  storage.
 9861         12. Energy-generating technologies, such as microturbines.
 9862         13. Any other repair, replacement, or upgrade of existing
 9863  equipment.
 9864         (c) “Energy, water, or wastewater cost savings” means a
 9865  measured reduction in the cost of fuel, energy or water
 9866  consumption, wastewater production, and stipulated operation and
 9867  maintenance created from the implementation of one or more
 9868  energy, water, or wastewater efficiency or conservation measures
 9869  when compared with an established baseline for the previous cost
 9870  of fuel, energy or water consumption, wastewater production, and
 9871  stipulated operation and maintenance.
 9872         (d) “Guaranteed energy, water, and wastewater performance
 9873  savings contract” means a contract for the evaluation,
 9874  recommendation, and implementation of energy, water, or
 9875  wastewater efficiency or conservation measures, which, at a
 9876  minimum, shall include:
 9877         1. The design and installation of equipment to implement
 9878  one or more of such measures and, if applicable, operation and
 9879  maintenance of such measures.
 9880         2. The amount of any actual annual savings that meet or
 9881  exceed total annual contract payments made by the agency for the
 9882  contract and may include allowable cost avoidance if determined
 9883  appropriate by the Chief Financial Officer.
 9884         3. The finance charges incurred by the agency over the life
 9885  of the contract.
 9886         (e) “Guaranteed energy, water, and wastewater performance
 9887  savings contractor” means a person or business that is licensed
 9888  under chapter 471, chapter 481, or this chapter and is
 9889  experienced in the analysis, design, implementation, or
 9890  installation of energy, water, and wastewater efficiency and
 9891  conservation measures through energy performance contracts.
 9892         (f) “Investment grade energy audit” means a detailed
 9893  energy, water, and wastewater audit, along with an accompanying
 9894  analysis of proposed energy, water, and wastewater conservation
 9895  measures, and their costs, savings, and benefits before prior to
 9896  entry into an energy savings contract.
 9897         (4) PROCEDURES.—
 9898         (a) An agency may enter into a guaranteed energy, water,
 9899  and wastewater performance savings contract with a guaranteed
 9900  energy, water, and wastewater performance savings contractor to
 9901  reduce energy or water consumption, wastewater production, or
 9902  energy-related operating costs of an agency facility through one
 9903  or more energy, water, or wastewater efficiency or conservation
 9904  measures.
 9905         (b) Before design and installation of energy, water, or
 9906  wastewater efficiency and conservation measures, the agency must
 9907  obtain from a guaranteed energy, water, and wastewater
 9908  performance savings contractor a report that summarizes the
 9909  costs associated such with the energy, water, or wastewater
 9910  efficiency and conservation measures or energy-related
 9911  operational cost-saving measures and provides an estimate of the
 9912  amount of the cost savings. The agency and the guaranteed
 9913  energy, water, and wastewater performance savings contractor may
 9914  enter into a separate agreement to pay for costs associated with
 9915  the preparation and delivery of the report; however, payment to
 9916  the contractor is shall be contingent upon the report’s
 9917  projection of energy, water, and wastewater cost savings being
 9918  equal to or greater than the total projected costs of the design
 9919  and installation of the report’s energy conservation measures.
 9920         (c) The agency may enter into a guaranteed energy, water,
 9921  and wastewater performance savings contract with a guaranteed
 9922  energy, water, and wastewater performance savings contractor if
 9923  the agency finds that the amount the agency would spend on such
 9924  the energy, water, and wastewater efficiency and conservation
 9925  measures will not likely exceed the amount of the cost savings
 9926  for up to 20 years from the date of installation, based on the
 9927  life cycle cost calculations provided in s. 255.255, if the
 9928  recommendations in the report were followed and if the qualified
 9929  provider or providers give a written guarantee that the cost
 9930  savings will meet or exceed the costs of the system. However,
 9931  actual computed cost savings must meet or exceed the estimated
 9932  cost savings provided in each agency’s program approval.
 9933  Baseline adjustments used in calculations must be specified in
 9934  the contract. The contract may provide for installment payments
 9935  for up to a period not to exceed 20 years.
 9936         (d) A guaranteed energy, water, and wastewater performance
 9937  savings contractor must be selected in compliance with s.
 9938  287.055; except that if fewer than three firms are qualified to
 9939  perform the required services, the requirement for agency
 9940  selection of three firms, as provided in s. 287.055(4)(b), and
 9941  the bid requirements of s. 287.057 do not apply.
 9942         (e) Before entering into a guaranteed energy, water, and
 9943  wastewater performance savings contract, an agency must provide
 9944  published notice of the meeting in which it proposes to award
 9945  the contract, the names of the parties to the proposed contract,
 9946  and the contract’s purpose.
 9947         (f) A guaranteed energy, water, and wastewater performance
 9948  savings contract may provide for financing, including tax-exempt
 9949  financing, by a third party. The contract for third-party
 9950  financing may be separate from the energy, water, and wastewater
 9951  performance contract. A separate contract for third-party
 9952  financing under this paragraph must include a provision that the
 9953  third-party financier may must not be granted rights or
 9954  privileges that exceed the rights and privileges available to
 9955  the guaranteed energy, water, and wastewater performance savings
 9956  contractor.
 9957         (g) Financing for guaranteed energy, water, and wastewater
 9958  performance savings contracts may be provided under the
 9959  authority of s. 287.064.
 9960         (h) The Office of the Chief Financial Officer shall review
 9961  proposals from state agencies to ensure that the most effective
 9962  financing is being used.
 9963         (i) Annually, the agency that has entered into the contract
 9964  shall provide the Department of Management Services and the
 9965  Chief Financial Officer the measurement and verification report
 9966  required by the contract to the Chief Financial Officer to
 9967  validate that savings have occurred.
 9968         (j) In determining the amount the agency will finance to
 9969  acquire the energy, water, and wastewater efficiency and
 9970  conservation measures, the agency may reduce such amount by the
 9971  application of any grant moneys, rebates, or capital funding
 9972  available to the agency for the purpose of buying down the cost
 9973  of the guaranteed energy, water, and wastewater performance
 9974  savings contract. However, in calculating the life cycle cost as
 9975  required in paragraph (c), the agency may shall not apply any
 9976  grants, rebates, or capital funding.
 9977         (5) CONTRACT PROVISIONS.—
 9978         (a) A guaranteed energy, water, and wastewater performance
 9979  savings contract must include a written guarantee that may
 9980  include, but is not limited to the form of, a letter of credit,
 9981  insurance policy, or corporate guarantee by the guaranteed
 9982  energy, water, and wastewater performance savings contractor
 9983  that annual cost savings will meet or exceed the amortized cost
 9984  of energy, water, and wastewater efficiency and conservation
 9985  measures.
 9986         (b) The guaranteed energy, water, and wastewater
 9987  performance savings contract must provide that all payments,
 9988  except obligations on termination of the contract before its
 9989  expiration, may be made over time, but not to exceed 20 years
 9990  from the date of complete installation and acceptance by the
 9991  agency, and that the annual savings are guaranteed to the extent
 9992  necessary to make annual payments to satisfy the guaranteed
 9993  energy, water, and wastewater performance savings contract.
 9994         (c) The guaranteed energy, water, and wastewater
 9995  performance savings contract must require that the guaranteed
 9996  energy, water, and wastewater performance savings contractor to
 9997  whom the contract is awarded provide a 100-percent public
 9998  construction bond to the agency for its faithful performance, as
 9999  required by s. 255.05.
10000         (d) The guaranteed energy, water, and wastewater
10001  performance savings contract may contain a provision allocating
10002  to the parties to the contract any annual cost savings that
10003  exceed the amount of the cost savings guaranteed in the
10004  contract.
10005         (e) The guaranteed energy, water, and wastewater
10006  performance savings contract must shall require the guaranteed
10007  energy, water, and wastewater performance savings contractor to
10008  provide to the agency an annual reconciliation of the guaranteed
10009  energy or associated cost savings. If the reconciliation reveals
10010  a shortfall in annual energy or associated cost savings, the
10011  guaranteed energy, water, and wastewater performance savings
10012  contractor is liable for such shortfall. If the reconciliation
10013  reveals an excess in annual cost savings, the excess savings may
10014  be allocated under paragraph (d) but may not be used to cover
10015  potential energy or associated cost savings shortages in
10016  subsequent contract years.
10017         (f) The guaranteed energy, water, and wastewater
10018  performance savings contract must provide for payments of not
10019  less than one-twentieth of the price to be paid within 2 years
10020  from the date of the complete installation and acceptance by the
10021  agency using straight-line amortization for the term of the
10022  loan, and the remaining costs to be paid at least quarterly, not
10023  to exceed a 20-year term, based on life cycle cost calculations.
10024         (g) The guaranteed energy, water, and wastewater
10025  performance savings contract may extend beyond the fiscal year
10026  in which it becomes effective; however, the term of any contract
10027  expires at the end of each fiscal year and may be automatically
10028  renewed annually for up to 20 years, subject to the agency
10029  making sufficient annual appropriations based upon continued
10030  realized energy, water, and wastewater savings.
10031         (h) The guaranteed energy, water, and wastewater
10032  performance savings contract must stipulate that it does not
10033  constitute a debt, liability, or obligation of the state.
10034         (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The
10035  Department of Financial Management Services, with the assistance
10036  of the Office of the Chief Financial Officer, shall, within
10037  available resources, provide technical content assistance to
10038  state agencies contracting for energy, water, and wastewater
10039  efficiency and conservation measures and engage in other
10040  activities considered appropriate by the department for
10041  promoting and facilitating guaranteed energy, water, and
10042  wastewater performance contracting by state agencies. The
10043  Department of Financial Management Services shall review the
10044  investment-grade audit for each proposed project and certify
10045  that the cost savings are appropriate and sufficient for the
10046  term of the contract. The Office of the Chief Financial Officer,
10047  with the assistance of the Department of Financial Management
10048  Services, shall, within available resources, develop model
10049  contractual and related documents for use by state agencies.
10050  Before Prior to entering into a guaranteed energy, water, and
10051  wastewater performance savings contract, any contract or lease
10052  for third-party financing, or any combination of such contracts,
10053  a state agency shall submit such proposed contract or lease to
10054  the Department of Financial Services Office of the Chief
10055  Financial Officer for review and approval. A proposed contract
10056  or lease must shall include:
10057         (a) Supporting information required by s. 216.023(4)(a)9.
10058  in ss. 287.063(5) and 287.064(11). For contracts approved under
10059  this section, the criteria may, at a minimum, include the
10060  specification of a benchmark cost of capital and minimum real
10061  rate of return on energy, water, or wastewater savings against
10062  which proposals must shall be evaluated.
10063         (b) Documentation supporting recurring funds requirements
10064  in ss. 287.063(5) and 287.064(11).
10065         (c) Approval by the head of the agency or a his or her
10066  designee.
10067         (d) An agency measurement and verification plan to monitor
10068  cost savings.
10069         (7) FUNDING SUPPORT.—For purposes of consolidated financing
10070  of deferred payment commodity contracts under this section by an
10071  agency, any such contract must be supported from available funds
10072  appropriated to the agency in an appropriation category, as
10073  defined in chapter 216, that the Chief Financial Officer has
10074  determined is appropriate or that the Legislature has designated
10075  for payment of the obligation incurred under this section.
10076  
10077  The Office of the Chief Financial Officer may shall not approve
10078  any contract submitted under this section from a state agency
10079  that does not meet the requirements of this section.
10080         Section 334. Subsection (4) of section 553.995, Florida
10081  Statutes, is amended to read:
10082         553.995 Energy-efficiency ratings for buildings.—
10083         (4) The Department of Community Affairs shall develop a
10084  training and certification program to certify raters. In
10085  addition to the department, ratings may be conducted by any
10086  local government or private entity if, provided that the
10087  appropriate persons have completed the necessary training and
10088  have been certified by the department. The Department of
10089  Environmental Protection Management Services shall rate state
10090  owned or state-leased buildings if, provided that the
10091  appropriate persons have completed the necessary training and
10092  have been certified by the Department of Community Affairs. A
10093  state agency that which has building construction regulation
10094  authority may rate its own buildings and those it is responsible
10095  for, if the appropriate persons have completed the necessary
10096  training and have been certified by the Department of Community
10097  Affairs. The department of Community Affairs may charge a fee
10098  not to exceed the costs for the training and certification of
10099  raters. The department shall by rule set the appropriate charges
10100  for raters to charge for energy ratings, not to exceed the
10101  actual costs.
10102         Section 335. Subsection (41) of section 570.07, Florida
10103  Statutes, is amended to read:
10104         570.07 Department of Agriculture and Consumer Services;
10105  functions, powers, and duties.—The department shall have and
10106  exercise the following functions, powers, and duties:
10107         (41) Notwithstanding the provisions of s. 287.057(23) that
10108  require all agencies to use the online procurement system
10109  developed by the Department of Financial Management Services,
10110  the department may continue to use its own online system.
10111  However, vendors using utilizing such system must shall be
10112  prequalified as meeting mandatory requirements and
10113  qualifications and shall remit fees pursuant to s. 287.057(23),
10114  and any rules implementing s. 287.057.
10115         Section 336. Subsection (2) of section 627.096, Florida
10116  Statutes, is amended to read:
10117         627.096 Workers’ Compensation Rating Bureau.—
10118         (2) The acquisition by the Department of Financial
10119  Management Services of data processing software, hardware, and
10120  services necessary to carry out the provisions of this part act
10121  for the department or office are shall be exempt from the
10122  provisions of part I of chapter 287.
10123         Section 337. Paragraph (c) of subsection (4) of section
10124  633.382, Florida Statutes, is amended to read:
10125         633.382 Firefighters; supplemental compensation.—
10126         (4) FUNDING.—
10127         (c) There is appropriated from the Police and Firefighter’s
10128  Premium Tax Trust Fund to the Firefighters’ Supplemental
10129  Compensation Trust Fund, which is hereby created under the
10130  Department of Revenue, all moneys that which have not been
10131  distributed to municipalities and special fire control districts
10132  in accordance with s. 175.121 due to as a result of the
10133  limitation contained in s. 175.122 on the disbursement of
10134  revenues collected pursuant to chapter 175 or as a result of any
10135  municipality or special fire control district not having
10136  qualified in any given year, or portion thereof, for
10137  participation in the distribution of the revenues collected
10138  pursuant to chapter 175. The total required annual distribution
10139  from the Firefighters’ Supplemental Compensation Trust Fund must
10140  shall equal the amount necessary to pay supplemental
10141  compensation as provided in this section if, provided that:
10142         1. Any deficit in the total required annual distribution is
10143  shall be made up from accrued surplus funds existing in the
10144  Firefighters’ Supplemental Compensation Trust Fund on June 30,
10145  1990, for as long as such funds last. If the accrued surplus is
10146  insufficient to cure the deficit in any given year, the
10147  proration of the appropriation among the counties,
10148  municipalities, and special fire service taxing districts must
10149  shall equal the ratio of compensation paid in the prior year to
10150  county, municipal, and special fire service taxing district
10151  firefighters pursuant to this section. This ratio shall be
10152  provided annually to the Department of Revenue by the Division
10153  of State Fire Marshal. Surplus funds that have accrued or accrue
10154  on or after July 1, 1990, shall be redistributed to
10155  municipalities and special fire control districts as provided in
10156  subparagraph 2.
10157         2. By October 1 of each year, any funds that have accrued
10158  or accrue on or after July 1, 1990, and remain in the
10159  Firefighters’ Supplemental Compensation Trust Fund following the
10160  required annual distribution shall be redistributed by the
10161  Department of Revenue pro rata to those municipalities and
10162  special fire control districts identified by the Department of
10163  Personnel Management Services as being eligible for additional
10164  funds pursuant to s. 175.121(3)(b).
10165         Section 338. Subsection (4) of section 650.02, Florida
10166  Statutes, is amended to read:
10167         650.02 Definitions.—For the purpose of this chapter:
10168         (4) The term “state agency” means the Department of
10169  Personnel Management Services.
10170         Section 339. Section 760.04, Florida Statutes, is amended
10171  to read:
10172         760.04 Commission on Human Relations, Assigned to Executive
10173  Office of the Governor Department of Management Services.—The
10174  commission created by s. 760.03 is assigned to the Executive
10175  Office of the Governor Department of Management Services. The
10176  commission, in the performance of its duties pursuant to the
10177  Florida Civil Rights Act of 1992, is shall not be subject to
10178  control, supervision, or direction by the office Department of
10179  Management Services.
10180         Section 340. Subsection (5) of section 766.302, Florida
10181  Statutes, is amended to read:
10182         766.302 Definitions; ss. 766.301-766.316.—As used in ss.
10183  766.301-766.316, the term:
10184         (5) “Division” means the Division of Administrative
10185  Hearings of the Department of Management Services.
10186         Section 341. Section 768.1326, Florida Statutes, is amended
10187  to read:
10188         768.1326 Placement of automated external defibrillators in
10189  state buildings; rulemaking authority.—No later than January 1,
10190  2003, The State Surgeon General shall adopt rules to establish
10191  guidelines on the appropriate placement of automated external
10192  defibrillator devices in buildings or portions of buildings
10193  owned or leased by the state, and shall establish, by rule,
10194  recommendations on procedures for the deployment of automated
10195  external defibrillator devices in such buildings in accordance
10196  with the guidelines. The Secretary of Environmental Protection
10197  Management Services shall assist the State Surgeon General in
10198  the development of the guidelines. The guidelines for the
10199  placement of the automated external defibrillators must shall
10200  take into account the typical number of employees and visitors
10201  in the buildings, the extent of the need for security measures
10202  regarding the buildings, special circumstances in buildings or
10203  portions of buildings such as high electrical voltages or
10204  extreme heat or cold, and such other factors as the State
10205  Surgeon General and secretary of Management Services determine
10206  to be appropriate.
10207         (1) The State Surgeon General’s recommendations for
10208  deployment of automated external defibrillators in buildings or
10209  portions of buildings owned or leased by the state must shall
10210  include:
10211         (a)(1) A reference list of appropriate training courses in
10212  the use of such devices, including the role of cardiopulmonary
10213  resuscitation;
10214         (b)(2) The extent to which such devices may be used by
10215  laypersons;
10216         (c)(3) Manufacturer recommended maintenance and testing of
10217  the devices; and
10218         (d)(4) Coordination with local emergency medical services
10219  systems regarding the incidents of use of the devices.
10220         (2) In formulating these guidelines and recommendations,
10221  the State Surgeon General may consult with all appropriate
10222  public and private entities, including national and local public
10223  health organizations that seek to improve the survival rates of
10224  individuals who experience cardiac arrest.
10225         Section 342. Subsection (11) of section 943.03, Florida
10226  Statutes, is amended to read:
10227         943.03 Department of Law Enforcement.—
10228         (11) The department shall establish headquarters in
10229  Tallahassee. The Department of Environmental Protection
10230  Management Services shall furnish the department with proper and
10231  adequate housing for its operation.
10232         Section 343. Subsection (7) of section 943.0311, Florida
10233  Statutes, is amended to read:
10234         943.0311 Chief of Domestic Security; duties of the
10235  department with respect to domestic security.—
10236         (7) As used in this section, the term “state agency”
10237  includes the Agency for Health Care Administration, the Agency
10238  for Workforce Innovation, the Department of Agriculture and
10239  Consumer Services, the Department of Business and Professional
10240  Regulation, the Department of Children and Family Services, the
10241  Department of Citrus, the Department of Community Affairs, the
10242  Department of Corrections, the Department of Education, the
10243  Department of Elderly Affairs, the Department of Environmental
10244  Protection, the Department of Financial Services, the Department
10245  of Health, the Department of Highway Safety and Motor Vehicles,
10246  the Department of Juvenile Justice, the Department of Law
10247  Enforcement, the Department of Legal Affairs, the Department of
10248  Personnel Management Services, the Department of Military
10249  Affairs, the Department of Revenue, the Department of State, the
10250  Department of the Lottery, the Department of Transportation, the
10251  Department of Veterans’ Affairs, the Fish and Wildlife
10252  Conservation Commission, the Parole Commission, the State Board
10253  of Administration, and the Executive Office of the Governor.
10254         Section 344. Section 943.13, Florida Statutes, is amended
10255  to read:
10256         943.13 Officers’ minimum qualifications for employment or
10257  appointment.—On or after October 1, 1984, any person employed or
10258  appointed as a full-time, part-time, or auxiliary law
10259  enforcement officer or correctional officer; on or after October
10260  1, 1986, any person employed as a full-time, part-time, or
10261  auxiliary correctional probation officer; and on or after
10262  October 1, 1986, any person employed as a full-time, part-time,
10263  or auxiliary correctional officer by a private entity under
10264  contract to the Department of Corrections, to a county
10265  commission, or to the Department of Personnel Management must
10266  Services shall:
10267         (1) Be at least 19 years of age.
10268         (2) Be a citizen of the United States, notwithstanding any
10269  law of the state to the contrary.
10270         (3) Be a high school graduate or its “equivalent” as the
10271  commission has defined the term by rule.
10272         (4) Not have been convicted of any felony or of a
10273  misdemeanor involving perjury or a false statement, or have
10274  received a dishonorable discharge from any of the Armed Forces
10275  of the United States. Any person who, after July 1, 1981, pleads
10276  guilty or nolo contendere to or is found guilty of any felony or
10277  of a misdemeanor involving perjury or a false statement is not
10278  eligible for employment or appointment as an officer,
10279  notwithstanding suspension of sentence or withholding of
10280  adjudication. Notwithstanding this subsection, any person who
10281  has pled nolo contendere to a misdemeanor involving a false
10282  statement, before prior to December 1, 1985, and has had such
10283  record sealed or expunged may shall not be deemed ineligible for
10284  employment or appointment as an officer.
10285         (5) Have documentation of his or her processed fingerprints
10286  on file with the employing agency or, if a private correctional
10287  officer, have documentation of his or her processed fingerprints
10288  on file with the Department of Corrections or the Criminal
10289  Justice Standards and Training Commission. If administrative
10290  delays are caused by the department or the Federal Bureau of
10291  Investigation and the person has complied with subsections (1)
10292  (4) and (6)-(9), he or she may be employed or appointed for up
10293  to a period not to exceed 1 calendar year from the date he or
10294  she was employed or appointed or until return of the processed
10295  fingerprints documenting noncompliance with subsections (1)-(4)
10296  or subsection (7), whichever occurs first. Beginning January 15,
10297  2007, The department shall retain and enter into the statewide
10298  automated fingerprint identification system authorized by s.
10299  943.05 all fingerprints submitted to the department as required
10300  by this section. Thereafter, the fingerprints shall be available
10301  for all purposes and uses authorized for arrest fingerprint
10302  cards entered in the statewide automated fingerprint
10303  identification system pursuant to s. 943.051. The department
10304  shall search all arrest fingerprint cards received pursuant to
10305  s. 943.051 against the fingerprints retained in the statewide
10306  automated fingerprint identification system pursuant to this
10307  section and report to the employing agency any arrest records
10308  that are identified with the retained employee’s fingerprints.
10309  By January 1, 2008, a person who must meet minimum
10310  qualifications as provided in this section and whose
10311  fingerprints are not retained by the department pursuant to this
10312  section must be refingerprinted. These fingerprints must be
10313  forwarded to the department for processing and retention.
10314         (6) Have passed a physical examination by a licensed
10315  physician, physician assistant, or certified advanced registered
10316  nurse practitioner, based on specifications established by the
10317  commission. In order to be eligible for the presumption set
10318  forth in s. 112.18 while employed with an employing agency, a
10319  law enforcement officer, correctional officer, or correctional
10320  probation officer must have successfully passed the physical
10321  examination required by this subsection upon entering into
10322  service as a law enforcement officer, correctional officer, or
10323  correctional probation officer with the employing agency, which
10324  examination must have failed to reveal any evidence of
10325  tuberculosis, heart disease, or hypertension. A law enforcement
10326  officer, correctional officer, or correctional probation officer
10327  may not use a physical examination from a former employing
10328  agency for purposes of claiming the presumption set forth in s.
10329  112.18 against the current employing agency.
10330         (7) Have a good moral character as determined by a
10331  background investigation under procedures established by the
10332  commission.
10333         (8) Execute and submit to the employing agency or, if a
10334  private correctional officer, submit to the appropriate
10335  governmental entity an affidavit-of-applicant form, adopted by
10336  the commission, attesting to his or her compliance with
10337  subsections (1)-(7). The affidavit must shall be executed under
10338  oath and constitutes an official statement within the purview of
10339  s. 837.06. The affidavit must shall include conspicuous language
10340  that the intentional false execution of the affidavit
10341  constitutes a misdemeanor of the second degree. The affidavit
10342  shall be retained by the employing agency.
10343         (9) Complete a commission-approved basic recruit training
10344  program for the applicable criminal justice discipline, unless
10345  exempt under this subsection. An applicant who has:
10346         (a) Completed a comparable basic recruit training program
10347  for the applicable criminal justice discipline in another state
10348  or for the Federal Government; and
10349         (b) Served as a full-time sworn officer in another state or
10350  for the Federal Government for at least 1 year and provided
10351  there is no more than an 8-year break in employment, as measured
10352  from the separation date of the most recent qualifying
10353  employment to the time a complete application is submitted for
10354  an exemption under this section,
10355  
10356  is exempt in accordance with s. 943.131(2) from completing the
10357  commission-approved basic recruit training program.
10358         (10) Achieve an acceptable score on the officer
10359  certification examination for the applicable criminal justice
10360  discipline.
10361         (11) Comply with the continuing training or education
10362  requirements of s. 943.135.
10363         Section 345. Paragraph (i) of subsection (4) of section
10364  943.61, Florida Statutes, is amended to read:
10365         943.61 Powers and duties of the Capitol Police.—
10366         (4) The Capitol Police shall have the following
10367  responsibilities, powers, and duties:
10368         (i) To enforce rules of the Department of Environmental
10369  Protection Management Services governing the regulation of
10370  traffic and parking within the Capitol Complex and to impound
10371  illegally or wrongfully parked vehicles.
10372         Section 346. Section 943.66, Florida Statutes, is amended
10373  to read:
10374         943.66 Rules; Facilities Program, Capitol Police; traffic
10375  regulation.—The Capitol Police may enforce rules of the
10376  Department of Environmental Protection Management Services
10377  governing the administration, operation, and management of the
10378  Facilities Program and regulating traffic and parking at state
10379  owned buildings or on state-owned property and any local
10380  ordinance on the violation of such if such rules are not in
10381  conflict with any state law or county or municipal ordinance,
10382  and are not inconsistent with the other requirements of ss.
10383  943.61-943.68 or any security plan developed and approved
10384  thereunder.
10385         Section 347. Section 943.681, Florida Statutes, is amended
10386  to read:
10387         943.681 Capitol Police program; funding.—Funds shall be
10388  transferred quarterly, beginning July 1, 2002, by the Department
10389  of Environmental Protection Management Services, from the
10390  Supervision Trust Fund, to the Florida Department of Law
10391  Enforcement for the purpose of funding the Capitol Police
10392  program. Funds are provided from the office space rental
10393  receipts assessed to tenant agencies in the Florida Facilities
10394  Pool, based on the rental assessment mandated in s. 255.51.
10395  Transfers shall be based on the existing rental rate on July 1,
10396  2002, unless otherwise appropriated by the Legislature. This
10397  section does not Additionally, nothing herein shall limit the
10398  Capitol Police from providing for the safety and security needs
10399  of the archaeological, archival, and historic treasures and
10400  artifacts housed in the Historic Capitol or the R.A. Gray
10401  Building, as the official capitol repositories, from funds
10402  provided by the Department of State.
10403         Section 348. Subsection (4) of section 944.02, Florida
10404  Statutes, is amended to read:
10405         944.02 Definitions.—The following words and phrases used in
10406  this chapter shall, unless the context clearly indicates
10407  otherwise, have the following meanings:
10408         (4) “Elderly offender” means a prisoner age 50 or older in
10409  a state correctional institution or facility operated by the
10410  Department of Corrections or the Department of Financial
10411  Management Services.
10412         Section 349. Paragraph (a) of subsection (3) of section
10413  944.10, Florida Statutes, is amended to read:
10414         944.10 Department of Corrections to provide buildings; sale
10415  and purchase of land; contracts to provide services and inmate
10416  labor.—
10417         (3)(a) The department may enter into lease-purchase
10418  agreements to provide correctional facilities for the housing of
10419  state inmates. However, a no such lease-purchase agreement may
10420  not shall be entered into without specific legislative
10421  authorization of that agreement, and funds must be specifically
10422  appropriated for each lease-purchase agreement. The facilities
10423  provided through such agreements must shall meet the program
10424  plans and specifications of the department. The department may
10425  enter into such lease agreements with private corporations and
10426  other governmental entities. However, notwithstanding the
10427  provisions of s. 255.25(3)(a), the department may not enter into
10428  such lease agreement except upon advertisement for and receipt
10429  of competitive bids and award to the lowest and best bidder,
10430  unless the lease-purchase agreement is entered into with the
10431  Department of Environmental Protection Management Services, the
10432  Florida Correctional Finance Corporation, or the successors or
10433  assignees of either.
10434         Section 350. Paragraph (b) of subsection (2) of section
10435  944.115, Florida Statutes, is amended to read:
10436         944.115 Smoking prohibited inside state correctional
10437  facilities.—
10438         (2) As used in this section, the term:
10439         (b) “Employee” means an employee of the department or a
10440  private vendor in a contractual relationship with either the
10441  Department of Corrections or the Department of Financial
10442  Management Services, and includes persons such as contractors,
10443  volunteers, or law enforcement officers who are within a state
10444  correctional facility to perform a professional service.
10445         Section 351. Subsection (1) of section 944.713, Florida
10446  Statutes, is amended to read:
10447         944.713 Insurance against liability.—
10448         (1) A bidder must provide an adequate plan of insurance
10449  against liability, including liability for violations of an
10450  inmate’s civil rights by an insurance agency licensed in this
10451  state, pursuant to chapter 287. The insurance plan must shall,
10452  at a minimum, protect the department from actions of a third
10453  party, assure the private vendor’s ability to fulfill the
10454  conditions of the contract, and provide adequate protection for
10455  the department against claims arising as a result of any
10456  occurrence during the term of the contract on an occurrence
10457  basis. The adequacy of the insurance plan shall be determined,
10458  at the bidder’s expense, by an independent risk management or
10459  actuarial firm selected by the Department of Financial
10460  Management Services. The risk management or actuarial firm
10461  selected must have demonstrated experience in assessing public
10462  liability of state government.
10463         Section 352. Subsection (1) of section 944.72, Florida
10464  Statutes, is amended to read:
10465         944.72 Privately Operated Institutions Inmate Welfare Trust
10466  Fund.—
10467         (1) There is hereby created in the Department of
10468  Corrections The Privately Operated Institutions Inmate Welfare
10469  Trust Fund is created in the department. The purpose of the
10470  trust fund shall be the benefit and welfare of inmates
10471  incarcerated in private correctional facilities under contract
10472  with the department pursuant to this chapter or the Department
10473  of Financial Management Services pursuant to chapter 957. Moneys
10474  shall be deposited in the trust fund and expenditures made from
10475  the trust fund as provided in s. 945.215.
10476         Section 353. Section 944.8041, Florida Statutes, is amended
10477  to read:
10478         944.8041 Elderly offenders; annual review.—For the purpose
10479  of providing information to the Legislature on elderly offenders
10480  within the correctional system, the department and the
10481  Correctional Medical Authority shall each submit annually a
10482  report on the status and treatment of elderly offenders in the
10483  state-administered and private state correctional systems, as
10484  well as such information on the River Junction Correctional
10485  Institution. In order to adequately prepare the reports, the
10486  department and the Department of Financial Management Services
10487  shall grant access to the Correctional Medical Authority which
10488  includes access to the facilities, offenders, and any
10489  information the agencies require to complete their reports. The
10490  review must shall also include an examination of promising
10491  geriatric policies, practices, and programs currently
10492  implemented in other correctional systems within the United
10493  States. The reports, with specific findings and recommendations
10494  for implementation, shall be submitted to the President of the
10495  Senate and the Speaker of the House of Representatives on or
10496  before December 31 of each year.
10497         Section 354. Paragraphs (a) and (c) of subsection (2) of
10498  section 945.215, Florida Statutes, are amended to read:
10499         945.215 Inmate welfare and employee benefit trust funds.—
10500         (2) PRIVATELY OPERATED INSTITUTIONS INMATE WELFARE TRUST
10501  FUND; PRIVATE CORRECTIONAL FACILITIES.—
10502         (a) For purposes of this subsection, privately operated
10503  institutions or private correctional facilities are those
10504  correctional facilities under contract with the department
10505  pursuant to chapter 944 or the Department of Financial
10506  Management Services pursuant to chapter 957.
10507         (c) The Department of Financial Management Services shall
10508  annually compile a report that documents Privately Operated
10509  Institutions Inmate Welfare Trust Fund receipts and expenditures
10510  at each private correctional facility. This report must
10511  specifically identify receipt sources and expenditures. The
10512  department of Management Services shall compile this report for
10513  the prior fiscal year and shall submit the report by September 1
10514  of each year to the chairs of the appropriate substantive and
10515  fiscal committees of the Senate and House of Representatives and
10516  to the Executive Office of the Governor.
10517         Section 355. Subsection (3) and paragraph (a) of subsection
10518  (6) of section 946.504, Florida Statutes, are amended to read:
10519         946.504 Organization of corporation to operate correctional
10520  work programs; lease of facilities.—
10521         (3) The corporation shall negotiate with the Department of
10522  Environmental Protection Management Services to reach and enter
10523  into an agreement for the lease of each correctional work
10524  program proposed by the corporation. The facilities to be leased
10525  and the amount of rental for such facilities shall be agreed
10526  upon by the Department of Environmental Protection Management
10527  Services and the corporation, with consultation with the
10528  department. The length of such lease shall be mutually agreed
10529  upon among the department, the Department of Environmental
10530  Protection Management Services, and the corporation; however,
10531  the initial lease may not exceed 7 years. The department shall
10532  continue to manage and operate the various correctional work
10533  programs until the lease between the department and the
10534  corporation is effective.
10535         (6)(a) Upon the effective date of each lease of each
10536  correctional work program, the department shall remit cause to
10537  be remitted to the corporation all funds appropriated for,
10538  associated with, or budgeted for the operation of that
10539  correctional work program, as agreed upon among the department,
10540  the Department of Environmental Protection Management Services,
10541  and the corporation.
10542         Section 356. Subsections (2) and (6) of section 946.515,
10543  Florida Statutes, are amended to read:
10544         946.515 Use of goods and services produced in correctional
10545  work programs.—
10546         (2) A No similar product or service of comparable price and
10547  quality found necessary for use by any state agency may not be
10548  purchased from any source other than the corporation if the
10549  corporation certifies that the product is manufactured by, or
10550  the service is provided by, inmates and the product or service
10551  meets the comparable performance specifications and comparable
10552  price and quality requirements as specified under s.
10553  287.042(1)(f) or as determined by an individual agency as
10554  provided in this section. The purchasing authority of any such
10555  state agency may make reasonable determinations of need, price,
10556  and quality with reference to products or services available
10557  from the corporation. If In the event of a dispute between the
10558  corporation and any purchasing authority based upon price or
10559  quality under this section or s. 287.042(1)(f), either party may
10560  request a hearing with the Department of Environmental
10561  Protection Management Services and if not resolved, either party
10562  may request a proceeding pursuant to ss. 120.569 and 120.57,
10563  which shall be referred to the Division of Administrative
10564  Hearings within 60 days after such request, to resolve any
10565  dispute under this section. No party is entitled to any appeal
10566  pursuant to s. 120.68.
10567         (6) If, pursuant to a contract between any legislative,
10568  executive, or judicial agency of the state and any private
10569  contract vendor, a product or service is required by the
10570  Department of Financial Management Services or on behalf of any
10571  state agency, is certified by or is available from the
10572  corporation identified in this chapter, and has been approved in
10573  accordance with subsection (2), the contract must contain the
10574  following language:
10575  
10576         IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY
10577         ARTICLES THAT WHICH ARE THE SUBJECT OF, OR REQUIRED TO
10578         CARRY OUT, THIS CONTRACT MUST SHALL BE PURCHASED FROM
10579         THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN
10580         THE SAME MANNER AND UNDER THE SAME PROCEDURES SET
10581         FORTH IN SECTION 946.515(2), AND (4), F.S.; AND FOR
10582         PURPOSES OF THIS CONTRACT, THE PERSON, FIRM, OR OTHER
10583         BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS
10584         CONTRACT IS SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
10585         AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE
10586         CONCERNED.
10587         Section 357. Section 946.525, Florida Statutes, is amended
10588  to read:
10589         946.525 Participation by the corporation in the state group
10590  health insurance and prescription drug programs.—
10591         (1) The board of directors of the corporation established
10592  under this part may apply for participation in the state group
10593  health insurance program authorized in s. 110.123 and the
10594  prescription drug coverage program authorized by s. 110.12315 by
10595  submitting an application along with a $500 nonrefundable fee to
10596  the Department of Personnel Management Services.
10597         (2) As a prerequisite to the adoption of a resolution for
10598  participation in the state group health insurance and
10599  prescription drug coverage program, the corporation shall seek
10600  proposals to provide health insurance and prescription drug
10601  coverages which coverages are equivalent to those offered
10602  currently by the corporation and coverages equivalent to the
10603  state group health insurance and prescription drug coverage
10604  program. The corporation shall review and consider all
10605  responsive proposals before prior to the adoption of any
10606  resolution for participation in the state group health insurance
10607  and prescription drug coverage program.
10608         (3) If the Department of Personnel Management Services
10609  determines that the corporation is eligible to enroll, the
10610  corporation must agree to the following terms and conditions:
10611         (a) The minimum enrollment or contractual period is will be
10612  3 years.
10613         (b) The corporation must pay to the department of
10614  Management Services an initial administrative fee not less than
10615  $2.61 per enrollee per month, or such other amount established
10616  annually to fully reimburse the department of Management
10617  Services for its costs.
10618         (c) Termination of participation of the corporation
10619  requires written notice 1 year before the termination date.
10620         (d) If participation is terminated, the corporation may not
10621  reapply for participation for a period of 2 years.
10622         (e) The corporation shall reimburse the state for 100
10623  percent of its costs, including administrative costs.
10624         (f) If the corporation fails to make the payments required
10625  by this section to fully reimburse the state, the Department of
10626  Revenue or the Department of Financial Services shall, upon the
10627  request of the Department of Personnel Management Services,
10628  deduct the amount owed by the employer from any funds to be
10629  distributed by it to the corporation. The amounts so deducted
10630  shall be transferred to the Department of Personnel Management
10631  Services for further distribution to the trust funds in
10632  accordance with this chapter.
10633         (g) The corporation shall furnish the Department of
10634  Personnel Management Services any information requested by the
10635  department of Management Services which the department of
10636  Management Services considers necessary to administer the state
10637  group health insurance program and the prescription drug
10638  program.
10639         (4) Sections The provisions of ss. 624.436-624.446 do not
10640  apply to the State Group Insurance Program or to this section.
10641         (5) The Department of Personnel Management Services may
10642  adopt rules necessary to administer this section.
10643         Section 358. Section 957.04, Florida Statutes, is amended
10644  to read:
10645         957.04 Contract requirements.—
10646         (1) A contract entered into under this chapter for the
10647  operation of private correctional facilities must shall maximize
10648  the cost savings of such facilities and shall:
10649         (a) Be negotiated with the firm found most qualified.
10650  However, a contract for private correctional services may not be
10651  entered into by the Department of Financial Management Services
10652  unless the Department of Financial Management Services
10653  determines that the contractor has demonstrated that it has:
10654         1. The qualifications, experience, and management personnel
10655  necessary to carry out the terms of the contract.
10656         2. The ability to expedite the siting, design, and
10657  construction of correctional facilities.
10658         3. The ability to comply with applicable laws, court
10659  orders, and national correctional standards.
10660         (b) Indemnify the state and the department, including their
10661  officials and agents, against any and all liability, including,
10662  but not limited to, civil rights liability. Proof of
10663  satisfactory insurance is required in an amount to be determined
10664  by the Department of Financial Management Services.
10665         (c) Require that the contractor seek, obtain, and maintain
10666  accreditation by the American Correctional Association for the
10667  facility under that contract. Compliance with amendments to the
10668  accreditation standards of the association is required upon the
10669  approval of such amendments by the commission.
10670         (d) Require that the proposed facilities and the management
10671  plans for the inmates meet applicable American Correctional
10672  Association standards and the requirements of all applicable
10673  court orders and state law.
10674         (e) Establish operations standards for correctional
10675  facilities subject to the contract. However, if the department
10676  and the contractor disagree with an operations standard, the
10677  contractor may propose to waive any rule, policy, or procedure
10678  of the department related to the operations standards of
10679  correctional facilities which is inconsistent with the mission
10680  of the contractor to establish cost-effective, privately
10681  operated correctional facilities. The Department of Financial
10682  Management Services is shall be responsible for considering all
10683  proposals from the contractor to waive any rule, policy, or
10684  procedure and shall render a final decision granting or denying
10685  such request.
10686         (f) Require the contractor to be responsible for a range of
10687  dental, medical, and psychological services; diet; education;
10688  and work programs at least equal to those provided by the
10689  department in comparable facilities. The work and education
10690  programs must be designed to reduce recidivism, and include
10691  opportunities to participate in such work programs as authorized
10692  pursuant to s. 946.523.
10693         (g) Require the selection and appointment of a full-time
10694  contract monitor. The contract monitor shall be appointed and
10695  supervised by the Department of Financial Management Services.
10696  The contractor is required to reimburse the Department of
10697  Financial Management Services for the salary and expenses of the
10698  contract monitor. It is the obligation of the contractor to
10699  provide suitable office space for the contract monitor at the
10700  correctional facility. The contract monitor shall have unlimited
10701  access to the correctional facility.
10702         (h) Be for a period of 3 years and may be renewed for
10703  successive 2-year periods thereafter. However, the state is not
10704  obligated for any payments to the contractor beyond current
10705  annual appropriations.
10706         (2) Each contract entered into for the design and
10707  construction of a private correctional facility or juvenile
10708  commitment facility must include:
10709         (a) Notwithstanding any provision of chapter 255 to the
10710  contrary, a specific provision authorizing the use of tax-exempt
10711  financing through the issuance of tax-exempt bonds, certificates
10712  of participation, lease-purchase agreements, or other tax-exempt
10713  financing methods. Pursuant to s. 255.25, approval is hereby
10714  provided for the lease-purchase of up to two private
10715  correctional facilities and any other facility authorized by the
10716  General Appropriations Act.
10717         (b) A specific provision requiring the design and
10718  construction of the proposed facilities to meet the applicable
10719  standards of the American Correctional Association and the
10720  requirements of all applicable court orders and state law.
10721         (c) A specific provision requiring the contractor, and not
10722  the Department of Financial Management Services, to obtain the
10723  financing required to design and construct the private
10724  correctional facility or juvenile commitment facility built
10725  under this chapter.
10726         (d) A specific provision stating that the state is not
10727  obligated for any payments that exceed the amount of the current
10728  annual appropriation.
10729         (3)(a) Each contract for the designing, financing,
10730  acquiring, leasing, constructing, and operating of a private
10731  correctional facility is shall be subject to ss. 255.2502 and
10732  255.2503.
10733         (b) Each contract for the designing, financing, acquiring,
10734  leasing, and constructing of a private juvenile commitment
10735  facility is shall be subject to ss. 255.2502 and 255.2503.
10736         (4) A contract entered into under this chapter does not
10737  accord third-party beneficiary status to any inmate or juvenile
10738  offender or to any member of the general public.
10739         (5) Each contract entered into by the Department of
10740  Financial Management Services must include substantial minority
10741  participation unless demonstrated by evidence, after a good
10742  faith effort, as impractical and must also include any other
10743  requirements the Department of Financial Management Services
10744  considers necessary and appropriate for carrying out the
10745  purposes of this chapter.
10746         (6) Notwithstanding s. 253.025(7), the Board of Trustees of
10747  the Internal Improvement Trust Fund need not approve a lease
10748  purchase agreement negotiated by the Department of Financial
10749  Management Services if the department of Management Services
10750  finds that there is a need to expedite the lease-purchase.
10751         (7)(a) Notwithstanding s. 253.025 or s. 287.057, if
10752  whenever the Department of Financial Management Services finds
10753  it to be in the best interest of timely site acquisition, it may
10754  contract without the need for competitive selection with one or
10755  more appraisers whose names are contained on the list of
10756  approved appraisers maintained by the Division of State Lands of
10757  the Department of Environmental Protection in accordance with s.
10758  253.025(6)(b). If In those instances when the Department of
10759  Management Services directly contracts for appraisal services,
10760  it shall also contract with an approved appraiser who is not
10761  employed by the same appraisal firm for review services.
10762         (b) Notwithstanding s. 253.025(6), the Department of
10763  Financial Management Services may negotiate and enter into
10764  lease-purchase agreements before an appraisal is obtained. Any
10765  such agreement must state that the final purchase price cannot
10766  exceed the maximum value allowed by law.
10767         Section 359. Subsection (2) of section 957.06, Florida
10768  Statutes, is amended to read:
10769         957.06 Powers and duties not delegable to contractor.—A
10770  contract entered into under this chapter does not authorize,
10771  allow, or imply a delegation of authority to the contractor to:
10772         (2) Choose the facility to which an inmate is initially
10773  assigned or subsequently transferred. The contractor may
10774  request, in writing, that an inmate be transferred to a facility
10775  operated by the department. The Department of Financial
10776  Management Services, the contractor, and the department shall
10777  develop and implement a cooperative agreement for transferring
10778  inmates between a correctional facility operated by the
10779  department and a private correctional facility. The department,
10780  the Department of Financial Management Services, and the
10781  contractor must comply with the cooperative agreement.
10782         Section 360. Subsection (1) and paragraph (d) of subsection
10783  (5) of section 957.07, Florida Statutes, are amended to read:
10784         957.07 Cost-saving requirements.—
10785         (1) The Department of Financial Management Services may not
10786  enter into a contract or series of contracts unless the
10787  department determines that the contract or series of contracts
10788  in total for the facility will result in a cost savings to the
10789  state of at least 7 percent over the public provision of a
10790  similar facility. Such cost savings, as determined by the
10791  Department of Financial Management Services, must be based upon
10792  the actual costs associated with the construction and operation
10793  of similar facilities or services as determined by the
10794  Department of Corrections and certified by the Auditor General.
10795  The Department of Corrections shall calculate all of the cost
10796  components that determine the inmate per diem in correctional
10797  facilities of a substantially similar size, type, and location
10798  that are operated by the department of Corrections, including
10799  administrative costs associated with central administration.
10800  Services that are provided to the Department of Corrections by
10801  other governmental agencies at no direct cost to the department
10802  shall be assigned an equivalent cost and included in the per
10803  diem.
10804         (5)
10805         (d) If a private vendor chooses not to renew the contract
10806  at the appropriated level, the Department of Financial
10807  Management Services shall terminate the contract as provided in
10808  s. 957.14.
10809         Section 361. Section 957.08, Florida Statutes, is amended
10810  to read:
10811         957.08 Capacity requirements.—The Department of Corrections
10812  shall transfer and assign prisoners to each private correctional
10813  facility opened pursuant to this chapter in an amount not less
10814  than 90 percent or more than 100 percent of the capacity of the
10815  facility pursuant to the contract with the Department of
10816  Financial Management Services. The prisoners transferred by the
10817  Department of Corrections must shall represent a cross-section
10818  of the general inmate population, based on the grade of custody
10819  or the offense of conviction, at the most comparable facility
10820  operated by the department.
10821         Section 362. Section 957.14, Florida Statutes, is amended
10822  to read:
10823         957.14 Contract termination and control of a correctional
10824  facility by the department.—A detailed plan shall be provided by
10825  a private vendor under which the department shall assume
10826  temporary control of a private correctional facility upon
10827  termination of the contract. The Department of Financial
10828  Management Services may terminate the contract with cause after
10829  written notice of material deficiencies and after 60 workdays in
10830  order to correct the material deficiencies. If any event occurs
10831  that involves the noncompliance with or violation of contract
10832  terms and that presents a serious threat to the safety, health,
10833  or security of the inmates, employees, or the public, the
10834  department may temporarily assume control of the private
10835  correctional facility, with the approval of the Department of
10836  Financial Management Services. A plan must shall also be
10837  provided by a private vendor for the purchase and temporary
10838  assumption of operations of a correctional facility by the
10839  department in the event of bankruptcy or the financial
10840  insolvency of the private vendor. The private vendor shall
10841  provide an emergency plan to address inmate disturbances,
10842  employee work stoppages, strikes, or other serious events in
10843  accordance with standards of the American Correctional
10844  Association.
10845         Section 363. Section 957.15, Florida Statutes, is amended
10846  to read:
10847         957.15 Funding of contracts for operation, maintenance, and
10848  lease-purchase of private correctional facilities.—The request
10849  for appropriation of funds to make payments pursuant to
10850  contracts entered into by the Department of Financial Management
10851  Services for the operation, maintenance, and lease-purchase of
10852  the private correctional facilities authorized by this chapter
10853  shall be made by the Department of Financial Management Services
10854  in a request to the department. The department shall include
10855  such request in its budget request to the Legislature as a
10856  separately identified item and shall forward the request of the
10857  Department of Financial Management Services without change.
10858  After an appropriation has been made by the Legislature to the
10859  department for the private correctional facilities, the
10860  department shall have no authority over such funds other than to
10861  pay from such appropriation to the appropriate private vendor
10862  such amounts as are certified for payment by the Department of
10863  Financial Management Services.
10864         Section 364. Section 957.16, Florida Statutes, is amended
10865  to read:
10866         957.16 Expanding capacity.—The Department of Financial
10867  Management Services may is authorized to modify and execute
10868  agreements with contractors to expand up to the total capacity
10869  of contracted correctional facilities. Total capacity means the
10870  design capacity of all contracted correctional facilities
10871  increased by one-half as described under s. 944.023(1)(b). Any
10872  additional beds authorized under this section must comply with
10873  the cost-saving requirements set forth in s. 957.07. Any
10874  additional beds authorized as a result of expanded capacity
10875  under this section are contingent upon specified appropriations.
10876         Section 365. Subsection (3) of section 1001.27, Florida
10877  Statutes, is amended to read:
10878         1001.27 State satellite network.—
10879         (3) The department, in consultation with the Department of
10880  Financial Management Services, shall implement the provisions of
10881  this section and coordinate the network. Specifically, the
10882  department shall:
10883         (a) Provide for technical analysis of suitable existing
10884  satellite receiving equipment at Florida public postsecondary
10885  educational institutions for inclusion in the network.
10886         (b) Acquire by competitive sealed bid and place appropriate
10887  receiving equipment in those community college regions of the
10888  state in which such equipment is presently not available at a
10889  public postsecondary educational institution.
10890         (c) Develop an implementation plan that provides for
10891  designation of a site in each community college region for
10892  inclusion in the initial network. Criteria for selection must
10893  shall include:
10894         1. Accessibility to a substantial portion of the population
10895  of the region.
10896         2. Demonstrated institutional commitment to support and
10897  encourage use of the network both within the region and
10898  statewide.
10899         3. Willingness to complement state support with matching
10900  institutional resources.
10901         4. Evidence of cooperation and coordinated planning with
10902  other postsecondary educational institutions in the region.
10903         5. Availability of existing telecommunications equipment
10904  which is compatible or adaptable for use in the network.
10905         (d) Identify additional sites for inclusion in the network
10906  in the event that demand exceeds the capacity of the initial
10907  network.
10908         (e) Coordinate scheduling and encourage use of the network.
10909         (f) Develop operating procedures for the system and
10910  recommend fee schedules for both public and private entities
10911  wishing to transmit or receive programming through the network.
10912  Scheduling procedures must shall assign the highest priority to
10913  educational programming.
10914         (g) Provide training for institutional, state agency, and
10915  other personnel in effective techniques for the use of the
10916  network.
10917         (h) Provide initial startup support for operations,
10918  maintenance, and publicity costs of the network. Continuation
10919  costs in these areas shall be recovered through user fees and
10920  local resources.
10921         Section 366. Paragraph (j) of subsection (12) of section
10922  1001.42, Florida Statutes, is amended to read:
10923         1001.42 Powers and duties of district school board.—The
10924  district school board, acting as a board, shall exercise all
10925  powers and perform all duties listed below:
10926         (12) FINANCE.—Take steps to assure students adequate
10927  educational facilities through the financial procedure
10928  authorized in chapters 1010 and 1011 and as prescribed below:
10929         (j) Purchasing regulations to be secured from Department of
10930  Financial Management Services.—Secure purchasing regulations and
10931  amendments and changes thereto from the Department of Financial
10932  Management Services and report prior to any expected purchase
10933  have reported to the department it by its staff, and give
10934  consideration to the lowest price available to it under such
10935  regulations, if provided a regulation applicable to the item or
10936  items being purchased has been adopted by the department. The
10937  department should meet with educational administrators to expand
10938  the inventory of standard items for common usage in all schools
10939  and postsecondary educational institutions.
10940         Section 367. Paragraph (b) of subsection (1) of section
10941  1001.705, Florida Statutes, is amended to read:
10942         1001.705 Responsibility for the State University System
10943  under s. 7, Art. IX of the State Constitution; legislative
10944  finding and intent.—
10945         (1) LEGISLATIVE FINDINGS.—
10946         (b) Constitutional duties of the Board of Governors of the
10947  State University System.—In accordance with s. 7, Art. IX of the
10948  State Constitution, the Board of Governors of the State
10949  University System has the duty to operate, regulate, control,
10950  and be fully responsible for the management of the whole
10951  publicly funded State University System and the board, or the
10952  board’s designee, has responsibility for:
10953         1. Defining the distinctive mission of each constituent
10954  university.
10955         2. Defining the articulation of each constituent university
10956  in conjunction with the Legislature’s authority over the public
10957  schools and community colleges.
10958         3. Ensuring the well-planned coordination and operation of
10959  the State University System.
10960         4. Avoiding wasteful duplication of facilities or programs
10961  within the State University System.
10962         5. Accounting for expenditure of funds appropriated by the
10963  Legislature for the State University System as provided by law.
10964         6. Submitting a budget request for legislative
10965  appropriations for the institutions under the supervision of the
10966  board as provided by law.
10967         7. Adopting strategic plans for the State University System
10968  and each constituent university.
10969         8. Approving, reviewing, and terminating degree programs of
10970  the State University System.
10971         9. Governing admissions to the state universities.
10972         10. Serving as the public employer to all public employees
10973  of state universities for collective bargaining purposes.
10974         11. Establishing a personnel system for all state
10975  university employees; however, the Department of Personnel
10976  Management Services shall retain authority over state university
10977  employees for programs established in ss. 110.123, 110.1232,
10978  110.1234, 110.1238, and 110.161, and in chapters 121, 122, and
10979  238.
10980         12. Complying with, and enforcing for institutions under
10981  the board’s jurisdiction, all applicable local, state, and
10982  federal laws.
10983         Section 368. Paragraph (b) of subsection (5) of section
10984  1001.706, Florida Statutes, is amended to read:
10985         1001.706 Powers and duties of the Board of Governors.—
10986         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
10987         (b) The Department of Personnel Management Services shall
10988  retain authority over state university employees for programs
10989  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
10990  110.161 and in chapters 121, 122, and 238. Unless specifically
10991  authorized by law, neither the Board of Governors nor a state
10992  university may offer group insurance programs for employees as a
10993  substitute for or as an alternative to the health insurance
10994  programs offered pursuant to chapter 110.
10995         Section 369. Paragraph (c) of subsection (5) of section
10996  1001.74, Florida Statutes, is amended to read:
10997         1001.74 Powers and duties of university boards of
10998  trustees.—
10999         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
11000         (c) The Department of Personnel Management Services shall
11001  retain authority over state university employees for programs
11002  established in ss. 110.123, 110.1232, 110.1234, 110.1238, and
11003  110.161 and in chapters 121, 122, and 238. Unless specifically
11004  authorized by law, neither the Board of Governors nor a state
11005  university may offer group insurance programs for employees as a
11006  substitute for or as an alternative to the health insurance
11007  programs offered pursuant to chapter 110.
11008         Section 370. Paragraph (f) of subsection (4) of section
11009  1002.36, Florida Statutes, is amended to read:
11010         1002.36 Florida School for the Deaf and the Blind.—
11011         (4) BOARD OF TRUSTEES.—
11012         (f) The board of trustees shall:
11013         1. Prepare and submit legislative budget requests for
11014  operations and fixed capital outlay, in accordance with chapter
11015  216 and ss. 1011.56 and 1013.60, to the Department of Education
11016  for review and approval. The department must analyze the amount
11017  requested for fixed capital outlay to determine if the request
11018  is consistent with the school’s campus master plan, educational
11019  plant survey, and facilities master plan. Projections of
11020  facility space needs may exceed the norm space and occupant
11021  design criteria established in the State Requirements for
11022  Educational Facilities.
11023         2. Approve and administer an annual operating budget in
11024  accordance with ss. 1011.56 and 1011.57.
11025         3. Require all funds received other than gifts, donations,
11026  bequests, funds raised by or belonging to student clubs or
11027  student organizations, and funds held for specific students or
11028  in accounts for individual students to be deposited in the State
11029  Treasury and expended as authorized in the General
11030  Appropriations Act.
11031         4. Require all purchases to be in accordance with the
11032  provisions of chapter 287 except for purchases made with funds
11033  received as gifts, donations, or bequests; funds raised by or
11034  belonging to student clubs or student organizations; or funds
11035  held for specific students or in accounts for individual
11036  students.
11037         5. Administer and maintain personnel programs for all
11038  employees of the board of trustees and the Florida School for
11039  the Deaf and the Blind who are shall be state employees,
11040  including the personnel classification and pay plan established
11041  in accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
11042  academic and academic administrative personnel, the provisions
11043  of chapter 110, and the provisions of law that grant authority
11044  to the Department of Personnel Management Services over such
11045  programs for state employees.
11046         6. Give preference in appointment and retention in
11047  positions of employment as provided in within s. 295.07(1).
11048         7. Ensure that the Florida School for the Deaf and the
11049  Blind complies with s. 1013.351 concerning the coordination of
11050  planning between the Florida School for the Deaf and the Blind
11051  and local governing bodies.
11052         8. Ensure that the Florida School for the Deaf and the
11053  Blind complies with s. 112.061 concerning per diem and travel
11054  expenses of public officers, employees, and authorized persons
11055  with respect to all funds other than funds received as gifts,
11056  donations, or bequests; funds raised by or belonging to student
11057  clubs or student organizations; or funds held for specific
11058  students or in accounts for individual students.
11059         9. Adopt a master plan that which specifies the mission and
11060  objectives of the Florida School for the Deaf and the Blind. The
11061  plan must shall include, but not be limited to, procedures for
11062  systematically measuring the school’s progress toward meeting
11063  its objectives, analyzing changes in the student population, and
11064  modifying school programs and services to respond to such
11065  changes. The plan shall be for a period of 5 years and shall be
11066  reviewed for needed modifications every 2 years. The board of
11067  trustees shall submit the initial plan and subsequent
11068  modifications to the Speaker of the House of Representatives and
11069  the President of the Senate.
11070         10. Designate a portion of the school as “The Verle Allyn
11071  Pope Complex for the Deaf,” in tribute to the late Senator Verle
11072  Allyn Pope.
11073         Section 371. Paragraph (f) of subsection (2) of section
11074  1002.37, Florida Statutes, is amended to read:
11075         1002.37 The Florida Virtual School.—
11076         (2) The Florida Virtual School shall be governed by a board
11077  of trustees comprised of seven members appointed by the Governor
11078  to 4-year staggered terms. The board of trustees shall be a
11079  public agency entitled to sovereign immunity pursuant to s.
11080  768.28, and board members shall be public officers who shall
11081  bear fiduciary responsibility for the Florida Virtual School.
11082  The board of trustees shall have the following powers and
11083  duties:
11084         (f) In accordance with law and rules of the State Board of
11085  Education, the board of trustees shall administer and maintain
11086  personnel programs for all employees of the board of trustees
11087  and the Florida Virtual School. The board of trustees may adopt
11088  rules, policies, and procedures related to the appointment,
11089  employment, and removal of personnel.
11090         1. The board of trustees shall determine the compensation,
11091  including salaries and fringe benefits, and other conditions of
11092  employment for such personnel.
11093         2. The board of trustees may establish and maintain a
11094  personnel loan or exchange program by which persons employed by
11095  the board of trustees for the Florida Virtual School as academic
11096  administrative and instructional staff may be loaned to, or
11097  exchanged with persons employed in like capacities by, public
11098  agencies either within or without this state, or by private
11099  industry. With respect to public agency employees, the program
11100  must authorized by this subparagraph shall be consistent with
11101  the requirements of part II of chapter 112. The salary and
11102  benefits of board of trustees personnel participating in the
11103  loan or exchange program shall be continued during the period of
11104  time they participate in a loan or exchange program, and such
11105  personnel shall be deemed to not have a no break in creditable
11106  or continuous service or employment during such time. The salary
11107  and benefits of persons participating in the personnel loan or
11108  exchange program who are employed by public agencies or private
11109  industry shall be paid by the originating employers of those
11110  participants, and such personnel are shall be deemed to have no
11111  break in creditable or continuous service or employment during
11112  such time.
11113         3. The employment of all Florida Virtual School academic
11114  administrative and instructional personnel is shall be subject
11115  to rejection for cause by the board of trustees, and shall be
11116  subject to policies of the board of trustees relative to
11117  certification, tenure, leaves of absence, sabbaticals,
11118  remuneration, and such other conditions of employment as the
11119  board of trustees deems necessary and proper, not inconsistent
11120  with law.
11121         4. Each person employed by the board of trustees in an
11122  academic administrative or instructional capacity with the
11123  Florida Virtual School is shall be entitled to a contract as
11124  provided by rules of the board of trustees.
11125         5. All employees except temporary, seasonal, and student
11126  employees may be state employees for the purpose of being
11127  eligible to participate in the Florida Retirement System and
11128  receive benefits. The classification and pay plan, including
11129  terminal leave and other benefits are, and any amendments
11130  thereto, shall be subject to review and approval by the
11131  Department of Personnel Management Services and the Executive
11132  Office of the Governor before prior to adoption.
11133  
11134  The Governor shall designate the initial chair of the board of
11135  trustees to serve a term of 4 years. Members of the board of
11136  trustees shall serve without compensation, but may be reimbursed
11137  for per diem and travel expenses pursuant to s. 112.061. The
11138  board of trustees shall be a body corporate with all the powers
11139  of a body corporate and such authority as is needed for the
11140  proper operation and improvement of the Florida Virtual School.
11141  The board of trustees is specifically authorized to adopt rules,
11142  policies, and procedures, consistent with law and rules of the
11143  State Board of Education related to governance, personnel,
11144  budget and finance, administration, programs, curriculum and
11145  instruction, travel and purchasing, technology, students,
11146  contracts and grants, and property as necessary for optimal,
11147  efficient operation of the Florida Virtual School. Tangible
11148  personal property owned by the board of trustees shall be
11149  subject to the provisions of chapter 273.
11150         Section 372. Paragraph (c) of subsection (2) of section
11151  1004.58, Florida Statutes, is amended to read:
11152         1004.58 Leadership Board for Applied Research and Public
11153  Service.—
11154         (2) Membership of the board shall be:
11155         (c) The executive director secretary of Personnel
11156  Management the Department of Management Services.
11157         Section 373. Paragraph (f) of subsection (3) and paragraph
11158  (a) of subsection (6) of section 1012.33, Florida Statutes, are
11159  amended to read:
11160         1012.33 Contracts with instructional staff, supervisors,
11161  and school principals.—
11162         (3)
11163         (f) The district school superintendent shall notify an
11164  employee who holds a professional service contract on July 1,
11165  1997, in writing, within no later than 6 weeks before prior to
11166  the end of the postschool conference period, of performance
11167  deficiencies which may result in termination of employment, if
11168  not corrected during the subsequent year of employment, (which
11169  shall be granted for an additional year in accordance with the
11170  provisions in subsection (1)). Except as otherwise hereinafter
11171  provided, this action is shall not be subject to the provisions
11172  of chapter 120, but the following procedures shall apply:
11173         1. On receiving notice of unsatisfactory performance, the
11174  employee, on request, shall be accorded an opportunity to meet
11175  with the district school superintendent, or a his or her
11176  designee, for an informal review of the determination of
11177  unsatisfactory performance.
11178         2. An employee notified of unsatisfactory performance may
11179  request an opportunity to be considered for a transfer to
11180  another appropriate position, with a different supervising
11181  administrator, for the subsequent year of employment. If the
11182  request for the transfer is granted, the district school
11183  superintendent shall annually report to the department the total
11184  number of employees transferred pursuant to this subparagraph,
11185  where they were transferred, and what, if any, remediation was
11186  implemented to remediate the unsatisfactory performance.
11187         3. During the subsequent year, the employee shall be
11188  provided assistance and inservice training opportunities to help
11189  correct the noted performance deficiencies. The employee shall
11190  also be evaluated periodically so that he or she will be kept
11191  apprised of progress achieved.
11192         4. At least Not later than 6 weeks before prior to the
11193  close of the postschool conference period of the subsequent
11194  year, the district school superintendent, after receiving and
11195  reviewing the recommendation required by s. 1012.34, shall
11196  notify the employee, in writing, whether the performance
11197  deficiencies have been corrected. If so, a new professional
11198  service contract shall be issued to the employee. If the
11199  performance deficiencies have not been corrected, the district
11200  school superintendent may notify the district school board and
11201  the employee, in writing, that the employee shall not be issued
11202  a new professional service contract; however, if the
11203  recommendation of the district school superintendent is not to
11204  issue a new professional service contract, and if the employee
11205  wishes to contest such recommendation, the employee will have 15
11206  days from receipt of the district school superintendent’s
11207  recommendation to demand, in writing, a hearing. In such
11208  hearing, the employee may raise as an issue, among other things,
11209  the sufficiency of the district school superintendent’s charges
11210  of unsatisfactory performance. Such hearing shall be conducted
11211  at the district school board’s election in accordance with one
11212  of the following procedures:
11213         a. A direct hearing conducted by the district school board
11214  within 60 days after of receipt of the written appeal. The
11215  hearing shall be conducted in accordance with the provisions of
11216  ss. 120.569 and 120.57. A majority vote of the membership of the
11217  district school board is shall be required to sustain the
11218  district school superintendent’s recommendation. The
11219  determination of the district school board is shall be final as
11220  to the sufficiency or insufficiency of the grounds for
11221  termination of employment; or
11222         b. A hearing conducted by an administrative law judge
11223  assigned by the Division of Administrative Hearings of the
11224  Department of Management Services. The hearing must shall be
11225  conducted within 60 days after of receipt of the written appeal
11226  in accordance with chapter 120. The recommendation of the
11227  administrative law judge shall be made to the district school
11228  board. A majority vote of the membership of the district school
11229  board is shall be required to sustain or change the
11230  administrative law judge’s recommendation. The determination of
11231  the district school board is shall be final as to the
11232  sufficiency or insufficiency of the grounds for termination of
11233  employment.
11234         (6)(a) Any member of the instructional staff, excluding an
11235  employee specified in subsection (4), may be suspended or
11236  dismissed at any time during the term of the contract for just
11237  cause as provided in paragraph (1)(a). The district school board
11238  must notify the employee in writing whenever charges are made
11239  against the employee and may suspend such person without pay;
11240  however but, if the charges are not sustained, the employee must
11241  shall be immediately reinstated, and his or her back salary
11242  shall be paid. If the employee wishes to contest the charges,
11243  the employee must, within 15 days after receipt of the written
11244  notice, submit a written request for a hearing. Such hearing
11245  shall be conducted at the district school board’s election in
11246  accordance with one of the following procedures:
11247         1. A direct hearing conducted by the district school board
11248  within 60 days after receipt of the written appeal. The hearing
11249  shall be conducted in accordance with the provisions of ss.
11250  120.569 and 120.57. A majority vote of the membership of the
11251  district school board is shall be required to sustain the
11252  district school superintendent’s recommendation. The
11253  determination of the district school board is shall be final as
11254  to the sufficiency or insufficiency of the grounds for
11255  termination of employment; or
11256         2. A hearing conducted by an administrative law judge
11257  assigned by the Division of Administrative Hearings of the
11258  Department of Management Services. The hearing shall be
11259  conducted within 60 days after receipt of the written appeal in
11260  accordance with chapter 120. The recommendation of the
11261  administrative law judge shall be made to the district school
11262  board. A majority vote of the membership of the district school
11263  board is shall be required to sustain or change the
11264  administrative law judge’s recommendation. The determination of
11265  the district school board is shall be final as to the
11266  sufficiency or insufficiency of the grounds for termination of
11267  employment.
11268  
11269  Any such decision adverse to the employee may be appealed by the
11270  employee pursuant to s. 120.68, provided such appeal is filed
11271  within 30 days after the decision of the district school board.
11272         Section 374. Paragraph (d) of subsection (3) of section
11273  1012.34, Florida Statutes, is amended to read:
11274         1012.34 Assessment procedures and criteria.—
11275         (3) The assessment procedure for instructional personnel
11276  and school administrators must be primarily based on the
11277  performance of students assigned to their classrooms or schools,
11278  as appropriate. Pursuant to this section, a school district’s
11279  performance assessment is not limited to basing unsatisfactory
11280  performance of instructional personnel and school administrators
11281  upon student performance, but may include other criteria
11282  approved to assess instructional personnel and school
11283  administrators’ performance, or any combination of student
11284  performance and other approved criteria. The procedures must
11285  comply with, but are not limited to, the following requirements:
11286         (d) If an employee is not performing his or her duties in a
11287  satisfactory manner, the evaluator shall notify the employee in
11288  writing of such determination. The notice must describe such
11289  unsatisfactory performance and include notice of the following
11290  procedural requirements:
11291         1. Upon delivery of a notice of unsatisfactory performance,
11292  the evaluator must confer with the employee, make
11293  recommendations with respect to specific areas of unsatisfactory
11294  performance, and provide assistance in helping to correct
11295  deficiencies within a prescribed period of time.
11296         2.a. If the employee holds a professional service contract
11297  as provided in s. 1012.33, the employee shall be placed on
11298  performance probation and governed by the provisions of this
11299  section for 90 calendar days following the receipt of the notice
11300  of unsatisfactory performance to demonstrate corrective action.
11301  School holidays and school vacation periods are not counted when
11302  calculating the 90-calendar-day period. During the 90 calendar
11303  days, the employee who holds a professional service contract
11304  must be evaluated periodically and apprised of progress achieved
11305  and must be provided assistance and inservice training
11306  opportunities to help correct the noted performance
11307  deficiencies. At any time during the 90 calendar days, the
11308  employee who holds a professional service contract may request a
11309  transfer to another appropriate position with a different
11310  supervising administrator; however, a transfer does not extend
11311  the period for correcting performance deficiencies.
11312         b. Within 14 days after the close of the 90 calendar days,
11313  the evaluator must assess whether the performance deficiencies
11314  have been corrected and forward a recommendation to the district
11315  school superintendent. Within 14 days after receiving the
11316  evaluator’s recommendation, the district school superintendent
11317  must notify the employee who holds a professional service
11318  contract in writing whether the performance deficiencies have
11319  been satisfactorily corrected and whether the district school
11320  superintendent will recommend that the district school board
11321  continue or terminate his or her employment contract. If the
11322  employee wishes to contest the district school superintendent’s
11323  recommendation, the employee must, within 15 days after receipt
11324  of the district school superintendent’s recommendation, submit a
11325  written request for a hearing. The hearing shall be conducted at
11326  the district school board’s election in accordance with one of
11327  the following procedures:
11328         (I) A direct hearing conducted by the district school board
11329  within 60 days after receipt of the written appeal. The hearing
11330  shall be conducted in accordance with the provisions of ss.
11331  120.569 and 120.57. A majority vote of the membership of the
11332  district school board is shall be required to sustain the
11333  district school superintendent’s recommendation. The
11334  determination of the district school board is shall be final as
11335  to the sufficiency or insufficiency of the grounds for
11336  termination of employment; or
11337         (II) A hearing conducted by an administrative law judge
11338  assigned by the Division of Administrative Hearings of the
11339  Department of Management Services. The hearing shall be
11340  conducted within 60 days after receipt of the written appeal in
11341  accordance with chapter 120. The recommendation of the
11342  administrative law judge shall be made to the district school
11343  board. A majority vote of the membership of the district school
11344  board is shall be required to sustain or change the
11345  administrative law judge’s recommendation. The determination of
11346  the district school board is shall be final as to the
11347  sufficiency or insufficiency of the grounds for termination of
11348  employment.
11349         Section 375. Paragraph (d) of subsection (2) of section
11350  1012.61, Florida Statutes, is amended to read:
11351         1012.61 Sick leave.—
11352         (2) PROVISIONS GOVERNING SICK LEAVE.—The following
11353  provisions shall govern sick leave:
11354         (d) Expenditure authorized.—District school boards may
11355  expend public funds for payment to employees on account of
11356  sickness. The expending and excluding of such funds shall be in
11357  compliance with rules adopted by the Department of Personnel
11358  Management Services pursuant to chapter 650.
11359         Section 376. Subsection (6) of section 1012.796, Florida
11360  Statutes, is amended to read:
11361         1012.796 Complaints against teachers and administrators;
11362  procedure; penalties.—
11363         (6) Upon the finding of probable cause, the commissioner
11364  shall file a formal complaint and prosecute the complaint
11365  pursuant to the provisions of chapter 120. An administrative law
11366  judge shall be assigned by the Division of Administrative
11367  Hearings of the Department of Management Services to hear the
11368  complaint if there are disputed issues of material fact. The
11369  administrative law judge shall make recommendations in
11370  accordance with the provisions of subsection (7) to the
11371  appropriate Education Practices Commission panel which shall
11372  conduct a formal review of such recommendations and other
11373  pertinent information and issue a final order. The commission
11374  shall consult with its legal counsel before prior to issuance of
11375  a final order.
11376         Section 377. Subsection (5) of section 1012.865, Florida
11377  Statutes, is amended to read:
11378         1012.865 Sick leave.—Each community college board of
11379  trustees shall adopt rules whereby any full-time employee who is
11380  unable to perform his or her duties at the community college on
11381  account of personal sickness, accident disability, or extended
11382  personal illness, or because of illness or death of the
11383  employee’s father, mother, brother, sister, husband, wife,
11384  child, or other close relative or member of the employee’s own
11385  household, and who consequently has to be absent from work shall
11386  be granted leave of absence for sickness by the president or by
11387  the president’s designated representative. The following
11388  provisions shall govern sick leave:
11389         (5) EXPENDITURE AUTHORIZED.—Community college boards of
11390  trustees may expend public funds for payment to employees on
11391  account of sickness. The expending and excluding of such funds
11392  must comply shall be in compliance with rules adopted by the
11393  Department of Personnel Management Services pursuant to chapter
11394  650.
11395         Section 378. Paragraph (c) of subsection (1) of section
11396  1012.875, Florida Statutes, is amended to read:
11397         1012.875 State Community College System Optional Retirement
11398  Program.—Each community college may implement an optional
11399  retirement program, if such program is established therefor
11400  pursuant to s. 1001.64(20), under which annuity or other
11401  contracts providing retirement and death benefits may be
11402  purchased by, and on behalf of, eligible employees who
11403  participate in the program, in accordance with s. 403(b) of the
11404  Internal Revenue Code. Except as otherwise provided herein, this
11405  retirement program, which shall be known as the State Community
11406  College System Optional Retirement Program, may be implemented
11407  and administered only by an individual community college or by a
11408  consortium of community colleges.
11409         (1) As used in this section, the term:
11410         (c) “Department” means the Department of Personnel
11411  Management Services.
11412         Section 379. Subsection (7) of section 1013.03, Florida
11413  Statutes, is amended to read:
11414         1013.03 Functions of the department and the Board of
11415  Governors.—The functions of the Department of Education as it
11416  pertains to educational facilities of school districts and
11417  community colleges and of the Board of Governors as it pertains
11418  to educational facilities of state universities shall include,
11419  but not be limited to, the following:
11420         (7) Provide training, technical assistance, and building
11421  code interpretation for requirements of the mandatory Florida
11422  Building Code for the educational facilities construction and
11423  capital improvement programs of the community college boards and
11424  district school boards and, upon request, approve phase III
11425  construction documents for remodeling, renovation, or new
11426  construction of educational plants or ancillary facilities,
11427  except that university boards of trustees shall approve
11428  specifications and construction documents for their respective
11429  institutions pursuant to guidelines of the Board of Governors.
11430  The Department of Environmental Protection Management Services
11431  may, upon request, provide similar services for the Florida
11432  School for the Deaf and the Blind and shall use the Florida
11433  Building Code and the Florida Fire Prevention Code.
11434         Section 380. Paragraph (d) of subsection (3) of section
11435  1013.23, Florida Statutes, is amended to read:
11436         1013.23 Energy efficiency contracting.—
11437         (3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.—
11438         (d) Prior to the design and installation of the energy
11439  conservation measure, the district school board, community
11440  college board of trustees, or state university board of trustees
11441  must obtain from the energy performance contractor a report that
11442  discloses all costs associated with the energy conservation
11443  measure and provides an estimate of the amount of the energy
11444  cost savings. The report must be reviewed by either the
11445  Department of Education or the Department of Financial
11446  Management Services or signed and sealed by a registered
11447  professional engineer.
11448         Section 381. Subsection (8) of section 1013.30, Florida
11449  Statutes, is amended to read:
11450         1013.30 University campus master plans and campus
11451  development agreements.—
11452         (8) Following receipt of a petition challenging a campus
11453  master plan or plan amendment, the university board of trustees
11454  must submit the petition to the Division of Administrative
11455  Hearings of the Department of Management Services for assignment
11456  to an administrative law judge under ss. 120.569 and 120.57.
11457         (a) If a party to the proceeding requests mediation, the
11458  parties have up to no more than 30 days to resolve any issue in
11459  dispute. The costs of the mediation must be borne equally by all
11460  of the parties to the proceeding.
11461         (b) If the matter is not resolved within 30 days, the
11462  administrative law judge shall proceed with a hearing under ss.
11463  120.569 and 120.57. The hearing shall be held in the county
11464  where the campus of the university subject to the amendment is
11465  located. Within 60 days after receiving the petition, the
11466  administrative law judge must, consistent with the applicable
11467  requirements and procedures of the Administrative Procedure Act,
11468  hold a hearing pursuant to chapter 120, identify the issues
11469  remaining in dispute, prepare a record of the proceedings, and
11470  submit a recommended order to the state land planning agency for
11471  final action. Parties to the proceeding may submit written
11472  exceptions to the recommended order within 10 days after the
11473  recommended order is issued. The state land planning agency must
11474  issue its final order within no later than 60 days after
11475  receiving the recommended order.
11476         (c) The final order of the state land planning agency is
11477  subject to judicial review as provided in s. 120.68.
11478         (d) The signature of an attorney or party constitutes a
11479  certificate that he or she has read the pleading, motion, or
11480  other paper and that, to the best of his or her knowledge,
11481  information, and belief formed after reasonable inquiry, it is
11482  not interposed for any improper purpose, such as to harass or to
11483  cause unnecessary delay, or for economic advantage, competitive
11484  reasons, frivolous purposes, or needless increase in the cost of
11485  litigation. If a pleading, motion, or other paper is signed in
11486  violation of these requirements, the division, upon motion or
11487  its own initiative, shall impose upon either the person who
11488  signed it or a represented party, or both, an appropriate
11489  sanction, which may include an order to pay to the other party
11490  or parties the amount of reasonable expenses incurred because of
11491  the filing of the pleading, motion, or other paper, including
11492  reasonable attorney’s fees.
11493         Section 382. Subsection (3) of section 1013.38, Florida
11494  Statutes, is amended to read:
11495         1013.38 Boards to ensure that facilities comply with
11496  building codes and life safety codes.—
11497         (3) The Department of Environmental Protection Management
11498  Services may, upon request, provide facilities services for the
11499  Florida School for the Deaf and the Blind, the Division of Blind
11500  Services, and public broadcasting. As used in this section, the
11501  term “facilities services” means project management, code and
11502  design plan review, and code compliance inspection for projects
11503  as defined in s. 287.017(1)(e).
11504         Section 383. During the 2010-2011 fiscal year, the
11505  Department of Environmental Protection shall coordinate with all
11506  state agencies to identify each state agency’s total number of
11507  positions and resources related to real estate leasing, as well
11508  as facilities operations and maintenance. Agencies must submit
11509  the information to the department no later than August 1, 2010.
11510  By September 1, 2010, the department shall submit a plan to
11511  centralize all real estate leasing and facilities operations and
11512  maintenance to the Executive Office of the Governor, the
11513  President of the Senate, and the Speaker of the House of
11514  Representatives. Such information shall be included in each
11515  agency’s legislative budget request for the 2011-2012 fiscal
11516  year as a transfer to the Department of Asset Management. This
11517  section expires July 1, 2011.
11518         Section 384. Effective July 1, 2011, section 20.51, Florida
11519  Statutes, is created to read:
11520         20.51 Department of Asset Management.—The Department of
11521  Asset Management is created.
11522         (1) The head of the department is the Governor and Cabinet.
11523  The Governor and Cabinet shall appoint an executive director,
11524  subject to confirmation by the Senate, who shall serve at the
11525  pleasure of the Governor and Cabinet.
11526         (2) The following divisions are established in the
11527  department:
11528         (a) The Division of State Lands.
11529         (b) The Division of Facilities.
11530         Section 385. Effective July 1, 2011, all powers, duties,
11531  functions, records, offices, personnel, property, pending
11532  issues, and existing contracts, administrative authority,
11533  administrative rules, and unexpended balances of appropriations,
11534  allocations, and other funds relating to the Division of State
11535  Lands established under s. 20.255(3)(h), Florida Statutes, in
11536  the Department of Environmental Protection and the Facilities
11537  Program transferred to the Department of Environmental
11538  Protection by section 1 of this act, and relating to the
11539  Division of Facilities Management and Building Construction
11540  established under s. 20.255(3)(i), Florida Statutes, are
11541  transferred to the Department of Asset Management by a type two
11542  transfer, as defined in s. 20.06(1), Florida Statutes.
11543         Section 386. Except as otherwise expressly provided in this
11544  act, this act shall take effect July 1, 2010.

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